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

Owner Trustee Not Liable for Trust. Certificates or for Receivables. 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 Depositor, and the Owner Trustee assumes no responsibility for the correctness thereof. Except as set forth in Section 7.03, the Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any Basic Document or of the Trust Certificates (other than the signature and countersignature of the Owner Trustee on the Trust Certificates) or the Notes, or of any Receivable 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 Receivable or the perfection and priority of any security interest created by any Receivable in any Financed Vehicle or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Trust Estate or its ability to generate the payments to be distributed to the Certificateholders under this Agreement or the Noteholders under the Indenture, including, without limitation: the existence, condition and ownership of any Financed Vehicle; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable on any computer or other record thereof; the validity of the assignment of any Receivable to the Trust or of any intervening assignment; the completeness of any Receivable; the performance or enforcement of any Receivable; the compliance by the Depositor or the Servicer with any warranty or representation made under any Basic Document or in any related document or the accuracy of any such warranty or representation, or any action of the Administrator, the Indenture Trustee or the Servicer or any subservicer taken in the name of the Owner Trustee.

Appears in 10 contracts

Samples: Amended and Restated Trust Agreement (BMW Vehicle Owner Trust 2022-A), Trust Agreement (BMW Vehicle Owner Trust 2022-A), Trust Agreement (BMW Fs Securities LLC)

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Owner Trustee Not Liable for Trust. Certificates Certificates, Notes or for ReceivablesContracts. The recitals contained herein and in the Trust Certificates (other than the signature and countersignature of the Owner Trustee and the certificate of authentication on the Trust Certificates) shall be taken as the statements of the Depositor, and the Owner Trustee assumes no responsibility for the correctness thereof. Except as set forth in Section 7.03, the The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any other Basic Document or of the Trust Certificates (other than the signature and countersignature of the Owner Trustee and the certificate of authentication on the Trust CertificatesCertificates and the representations and warranties in Section 7.03) or the Notes, or of any Receivable Contract 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 Receivable Contract, or the perfection and priority of any security interest created by any Receivable Contract in any Financed Vehicle or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Trust Estate or its ability to generate the payments to be distributed to the Certificateholders under this Agreement or the Noteholders under the Indenture, including, without limitation: , the existence, condition and ownership of any Financed Vehicle; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable Contract on any computer or other record thereof; the validity of the assignment of any Receivable Contract to the Trust or of any intervening assignment; the completeness of any ReceivableContract; the performance or enforcement of any ReceivableContract; the compliance by the Depositor Depositor, the Insurer or the Master Servicer with any warranty or representation made under any Basic Document or in any related document or the accuracy of any such warranty or representation, ; or any action of the Administrator, the Indenture Trustee or the Master Servicer or any subservicer taken in the name of the Owner Trustee.

Appears in 8 contracts

Samples: Trust Agreement (WFS Financial Auto Loans Inc), Trust Agreement (WFS Receivables Corp), Trust Agreement (WFS Receivables Corp)

Owner Trustee Not Liable for Trust. Certificates Certificates, Notes or for ReceivablesContracts. The recitals contained herein and in the Trust Certificates (other than the signature and countersignature of the Owner Trustee and the certificate of authentication on the Trust Certificates) shall be taken as the statements of the Depositor, and the Owner Trustee assumes no responsibility for the correctness thereof. Except as set forth in Section 7.03, the The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any other Basic Document or of the Trust Certificates (other than the signature and countersignature of the Owner Trustee and the certificate of authentication on the Trust CertificatesCertificates and the representations and warranties in Section 7.03) or the Notes, or of any Receivable Contract 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 Receivable Contract, or the perfection and priority of any security interest created by any Receivable Contract in any Financed Vehicle or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Trust Estate or its ability to generate the payments to be distributed to the Certificateholders under this Agreement or the Noteholders under the Indenture, including, without limitation: , the existence, condition and ownership of any Financed Vehicle; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable Contract on any computer or other record thereof; the validity of the assignment of any Receivable Contract to the Trust or of any intervening assignment; the completeness of any ReceivableContract; the performance or enforcement of any ReceivableContract; the compliance by the Depositor or the Master Servicer with any warranty or representation made under any Basic Document or in any related document or the accuracy of any such warranty or representation, ; or any action of the Administrator, the Indenture Trustee or the Master Servicer or any subservicer taken in the name of the Owner Trustee.

Appears in 8 contracts

Samples: Trust Agreement (WFS Receivables Corp 3), Trust Agreement (WFS Receivables Corp 3), Trust Agreement (WFS Receivables Corp 3)

Owner Trustee Not Liable for Trust. Certificates Certificates, Notes or for ReceivablesContracts. The recitals contained herein and in the Trust Certificates (other than the signature and countersignature of the Owner Trustee and the certificate of authentication on the Trust Certificates) shall be taken as the statements of the Depositor, and the Owner Trustee assumes no responsibility for the correctness thereof. Except as set forth in Section 7.03, the The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any other Basic Document or of the Trust Certificates (other than the signature and countersignature of the Owner Trustee and the certificate of authentication on the Trust CertificatesCertificates and the representations and warranties in Section 7.03) or the Notes, or of any Receivable Contract 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 Receivable Contract, or the perfection and priority of any security interest created by any Receivable Contract in any Financed Vehicle or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Trust Estate or its ability to generate the payments to be distributed to the Certificateholders under this Agreement or the Noteholders under the Indenture, including, without limitation: including the existence, condition and ownership of any Financed Vehicle; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable Contract on any computer or other record thereof; the validity of the assignment of any Receivable Contract to the Trust or of any intervening assignment; the completeness of any ReceivableContract; the performance or enforcement of any ReceivableContract; the compliance by the Depositor or the Master Servicer with any warranty or representation made under any Basic Document or in any related document or the accuracy of any such warranty or representation, ; or any action of the Administrator, the Indenture Trustee or the Master Servicer or any subservicer taken in the name of the Owner Trustee.

Appears in 6 contracts

Samples: Trust Agreement (WFS Receivables Corp 4), Trust Agreement (WFS Financial 2004-4 Owner Trust), Trust Agreement (WFS Financial 2005-3 Owner Trust)

Owner Trustee Not Liable for Trust. Certificates Certificates, Notes or for ReceivablesContracts. The recitals contained herein and in the Trust Certificates (other than the signature and countersignature of the Owner Trustee and the certificate of authentication on the Trust Certificates) shall be taken as the statements of the Depositor, and the Owner Trustee assumes no responsibility for the correctness thereof. Except as set forth in Section 7.03, the The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any other Basic Document or of the Trust Certificates (other than the signature and countersignature of the Owner Trustee and the certificate of authentication on the Trust CertificatesCertificates and the representations and warranties in Section 7.03) or the Notes, or of any Receivable Contract 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 Receivable Contract, or the perfection and priority of any security interest created by any Receivable Contract in any Financed Vehicle or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Trust Estate or its ability to generate the payments to be distributed to the Certificateholders under this Agreement or the Noteholders under the Indenture, including, without limitation: , the existence, condition and ownership of any Financed Vehicle; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable Contract on any computer or other record thereof; the validity of the assignment of any Receivable Contract to the Trust or of any intervening assignment; the completeness of any ReceivableContract; the performance or enforcement of any ReceivableContract; the compliance by the Depositor Depositor, the Insurer or the Master Servicer with any warranty or representation made under any Basic Document or in any related document or the accuracy of any such warranty or representation, or any action of the Administrator, the Indenture Trustee or the Servicer or any subservicer taken in the name of the Owner Trustee.or

Appears in 4 contracts

Samples: Trust Agreement (WFS Financial Auto Loans Inc), Trust Agreement (WFS Financial Auto Loans Inc), Trust Agreement (WFS Receivables Corp)

Owner Trustee Not Liable for Trust. Certificates or for ReceivablesHome 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 DepositorDepositor and the Company, and the Owner Trustee assumes no responsibility for the correctness thereof. Except as set forth in Section 7.03, the The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any Basic Document or of the Trust Certificates (other than the signature and countersignature of the Owner Trustee on the Trust CertificatesCertificates and as specified in Section 7.3) or the Notes, or of any Receivable Home 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 Receivable Home Loan, or the perfection and priority of any security interest created by any Receivable in any Financed Vehicle Home 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 the Certificateholders Owners under this Agreement or the Noteholders under the Indenture, including, without limitation: the existence, condition and ownership of any Financed VehicleMortgaged Property; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable Home Loan on any computer or other record thereof; the validity of the assignment of any Receivable Home Loan to the Trust or of any intervening assignment; the completeness of any ReceivableHome Loan; the performance or enforcement of any ReceivableHome Loan; the compliance by the Depositor Depositor, the Company or the Servicer with any warranty or representation made under any 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 Servicer or any subservicer taken in the name of the Owner Trustee.

Appears in 3 contracts

Samples: Trust Agreement (Firstplus Investment Corp), Trust Agreement (Firstplus Investment Corp), Trust Agreement (Firstplus Investment Corp)

Owner Trustee Not Liable for Trust. Certificates or for Receivables. 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 Depositor, Seller and the Owner Trustee assumes no responsibility for the correctness thereof. Except as set forth in Section 7.03, the The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any Basic Document or of the Trust Certificates (other than the signature and countersignature of the Owner Trustee on the Trust Certificates) or the Notes, or of any Receivable 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 Receivable Receivable, or the perfection and priority of any security interest created by any Receivable in any Financed Vehicle 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 the Certificateholders under this Agreement or the Noteholders under the Indenture, including, without limitation: the existence, condition and ownership of any Financed Vehicle; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable on or any computer or other record thereof; the validity of the assignment of any Receivable to the Trust or of any intervening assignment; the completeness of any Receivable; the performance or enforcement of any Receivable; the compliance by the Depositor Seller or the Servicer with any warranty or representation made under any 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 Servicer or any subservicer taken in the name of the Owner Trustee.

Appears in 2 contracts

Samples: Trust Agreement (Franklin Receivables LLC), Trust Agreement (Franklin Receivables LLC)

Owner Trustee Not Liable for Trust. Certificates Certificate, Residual Interest Certificate Notes or for Receivables. The recitals contained herein and in the Trust Certificates Certificate and the Residual Interest Certificate (other than the signature and countersignature of the Owner Trustee and the certificate of authentication on the Trust such Certificates) shall be taken as the statements of the Trust Depositor, and neither the Owner Trustee nor the Owner assumes no responsibility for the correctness thereof. Except as set forth in Section 7.03, the The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any Basic other Transaction Document or of the Trust Certificates (other than the signature and countersignature of the Owner Trustee and the certificate of authentication on the Trust Certificates) or the Notes, or of any Receivable 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 Receivable Receivable, or the perfection and priority of any security interest created by any Receivable in any Financed Vehicle security relating to a Receivable or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Trust Estate or its ability to generate the payments to be distributed to the Certificateholders Residual Interest Certificateholder under this Agreement or the Noteholders under the Indenture, including, without limitation: , the existence, condition and ownership of any Financed VehicleReceivable; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable on any computer or other record thereof; the validity of the assignment of any Receivable to the Trust or of any intervening assignment; the completeness of any Receivable; the performance or enforcement of any Receivable; the compliance by the Trust Depositor or the Servicer with any warranty or representation made under any Basic Transaction Document or in any related document or the accuracy of any such warranty or representation, ; or any action of the Trust Administrator, the Indenture Trustee or the Servicer or any subservicer taken in the name of the Owner Trustee.

Appears in 1 contract

Samples: Trust Agreement (Bluegreen Corp)

Owner Trustee Not Liable for Trust. Certificates or for ReceivablesHome ------------------------------------------------------- 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 DepositorDepositor and the Company, and the Owner Trustee assumes no responsibility for the correctness thereof. Except as set forth in Section 7.03, the The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any Basic Document or of the Trust Certificates (other than the signature and countersignature of the Owner Trustee on the Trust CertificatesCertificates and as specified in Section 7.03) or the Notes, or of any Receivable Home 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 Receivable Home Loan, or the perfection and priority of any security interest created by any Receivable in any Financed Vehicle Home 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 the Certificateholders Owners under this Agreement or the Noteholders under the Indenture, including, without limitation: the existence, condition and ownership of any Financed VehicleMortgaged Property; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable Home Loan on any computer or other record thereof; the validity of the assignment of any Receivable Home Loan to the Trust or of any intervening assignment; the completeness of any ReceivableHome Loan; the performance or enforcement of any ReceivableHome Loan; the compliance by the Depositor Depositor, the Company or the Servicer with any warranty or representation made under any 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 Servicer or any subservicer taken in the name of the Owner Trustee.

Appears in 1 contract

Samples: Trust Agreement (Firstplus Investment Corp)

Owner Trustee Not Liable for Trust. Certificates or for ReceivablesMortgage ----------------------------------------------------------- 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 DepositorDepositor and the Company, and the Owner Trustee assumes no responsibility for the correctness thereof. Except as set forth in Section 7.03, the The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any Basic Document or of the Trust Certificates (other than the signature and countersignature of the Owner Trustee on the Trust Certificates) or the Notes, or of any Receivable 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 Receivable or the perfection and priority of any security interest created by any Receivable in any Financed Vehicle or the maintenance of any such perfection and priorityMortgage 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 the Certificateholders under this Agreement or the Noteholders under the Indenture, including, without limitation: the existence, condition and ownership of any Financed Vehicleproperty securing a Mortgage Loan; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable on any computer or other record thereof; the validity of the assignment of any Receivable Mortgage Loan to the Trust or of any intervening assignment; the completeness of any Receivable; the performance or enforcement of any ReceivableMortgage Loan; the compliance by the Depositor Depositor, the Company or the Master Servicer with any warranty or representation made under any Basic Document or in any related document or the accuracy of any such warranty or representation, or any action of the Administrator, the Indenture Trustee or the Master Servicer or any subservicer taken in the name of the Owner Trustee. SECTION 7.07.

Appears in 1 contract

Samples: Trust Agreement (Indymac Abs Inc)

Owner Trustee Not Liable for Trust. Certificates or for Receivables-------------------------------------------------- Subordinated Notes. The recitals contained herein and in the Trust Certificates ------------------ and the Subordinated Notes (other than the signature and countersignature of the Owner Trustee and the certificate of authentication on the Trust CertificatesCertificates and the Subordinated Notes and its representations and warranties in Section 7.03) shall be taken as the statements of the Depositor, Transferor and the Owner Trustee assumes no responsibility for the correctness thereof. Except as set forth in Section 7.03, the The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any other Basic Document or of the Trust Certificates or the Subordinated Notes (other than the signature and countersignature of the Owner Trustee and the certificate of authentication on the Trust CertificatesCertificates and the Subordinated Notes) or the Notes, Senior Notes or any offering document relating to either of any Receivable or related documentsthem. The Owner Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and or enforceability of any Receivable Basic Document to which the Owner Trustee is to be a party (except for enforceability against the Owner Trustee), or the perfection and priority of any security interest created by or under any Receivable in any Financed Vehicle Basic Document, 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 Trust Certificateholders or to the Certificateholders Subordinated Noteholder under this Agreement or the Senior Noteholders under the Indenture, including, without limitation: the existence, condition and ownership of any Financed Vehicle; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable on any computer or other record thereof; the validity of the assignment transfer of any Receivable the 2000-A Vehicle SUBI Certificate or the pledge of the 2000-A Lease SUBI Certificate to the Trust Issuer or of any intervening assignment; the completeness lease by the Issuer of any Receivable; the performance 2000-A Vehicle SUBI Certificate to the Transferor pursuant to the Program Operating Lease, or enforcement of any Receivable; for the compliance by the Depositor Transferor, the Administrator or the Servicer with any warranty or representation made under any Basic Document or in any related document or for the accuracy of any such warranty or representation, representation or for any action of the Administrator, the Servicer or the Indenture Trustee or the Servicer or any subservicer taken in the name of the Owner Trustee.

Appears in 1 contract

Samples: Trust Agreement (BMW Manufacturing Lp)

Owner Trustee Not Liable for Trust. Certificates or for -------------------------------------------------- Receivables. The recitals statements 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 Depositor, Depositor and the Owner Trustee assumes no responsibility for the correctness thereof. Except as set forth in Section 7.03, the The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any Basic Document or of the Trust Certificates (other than the signature and countersignature of the Owner Trustee on the Trust Certificates) or the Notes, or of any Receivable 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 Receivable Receivable, or the perfection and priority of any security interest created by any Receivable in any Financed Vehicle 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 the Certificateholders under this Agreement or the Noteholders under the Indenture, including, without limitation: the existence, condition and ownership of any Financed Vehicle; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable on any computer or other record thereof; the validity of the assignment of any Receivable to the Trust or of any intervening assignment; the completeness of any Receivable; the performance or enforcement of any Receivable; the compliance by the Depositor or the Servicer with any warranty or representation made under any 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 Servicer or any subservicer taken in the name of the Owner Trustee.

Appears in 1 contract

Samples: Trust Agreement (Prudential Securities Secured Financing Corp)

Owner Trustee Not Liable for Trust. Certificates or for -------------------------------------------------- Receivables. 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 Depositor, Depositor and the Owner Trustee assumes no responsibility for the correctness thereof. Except as set forth in Section 7.03, the The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any Basic Document or of the Trust Certificates (other than the signature and countersignature of the Owner Trustee on the Trust Certificates) or the Notes, or of any Receivable 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 Receivable Receivable, or the perfection and priority of any security interest created by any Receivable in any Financed Vehicle 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 the Certificateholders under this Agreement or the Noteholders under the Indenture, including, without limitation: the existence, condition and ownership of any Financed Vehicle; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable on any computer or other record thereof; the validity of the assignment of any Receivable to the Trust or of any intervening assignment; the completeness of any Receivable; the performance or enforcement of any Receivable; the compliance by the Depositor or the Servicer with any warranty or representation made under any 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 Servicer or any subservicer taken in the name of the Owner Trustee.

Appears in 1 contract

Samples: Trust Agreement (Prudential Securities Secured Financing Corp)

Owner Trustee Not Liable for Trust. Certificates or for ReceivablesHome 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 DepositorDepositor and the Company, and the Owner Trustee assumes no responsibility for the correctness thereof. Except as set forth in Section 7.03, the The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any Basic Document or of the Trust Certificates (other than the signature and countersignature of the Owner Trustee on the Trust CertificatesCertificates and as specified in Section 7.3) or the Notes, or of any Receivable Home 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 Receivable Home Loan, or the perfection and priority of any security interest created by any Receivable in any Financed Vehicle Home 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 the Certificateholders Owners under this Agreement or the Noteholders under the Indenture, including, without limitation: the existence, condition and ownership of any Financed VehicleMortgaged Property; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable Home Loan on any computer or other record thereof; , the validity of the assignment of any Receivable Home Loan to the Trust or of any intervening assignment; the completeness of any ReceivableHome Loan; the performance or enforcement of any ReceivableHome Loan; the compliance by the Depositor Depositor, the Company or the Servicer with any warranty or representation made under any 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 Servicer or any subservicer taken in the name of the Owner Trustee.

Appears in 1 contract

Samples: Trust Agreement (Empire Funding Home Loan Owner Trust 1997-4)

Owner Trustee Not Liable for Trust. Certificates or for ------------------------------------------------------ Receivables. 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 Depositor, and the Owner Trustee assumes no responsibility for the correctness thereof. Except as set forth in Section 7.03, the Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any Basic Document or of the Trust Certificates (other than the signature and countersignature of the Owner Trustee on the Trust Certificates) or the Notes, or of any Receivable 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 Receivable or the perfection and priority of any security interest created by any Receivable in any Financed Vehicle or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Trust Estate or its ability to generate the payments to be distributed to the Certificateholders under this Agreement or the Noteholders under the Indenture, including, without limitation: the existence, condition and ownership of any Financed Vehicle; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable on any computer or other record thereof; the validity of the assignment of any Receivable to the Trust or of any intervening assignment; the completeness of any Receivable; the performance or enforcement of any Receivable; the compliance by the Depositor Depositor, the Servicer or the Backup Servicer with any warranty or representation made under any Basic Document or in any related document or the accuracy of any such warranty or representation, or any action of the Administrator, the Indenture Trustee Trustee, the Servicer or the Backup Servicer or any subservicer taken in the name of the Owner Trustee.

Appears in 1 contract

Samples: Trust Agreement (SSB Vehicle Securities Inc)

Owner Trustee Not Liable for Trust. Certificates or for -------------------------------------------------- Receivables. 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 Depositor, Seller and the Owner Trustee assumes no responsibility for the correctness thereof. Except as set forth in Section 7.03, the The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any Basic Document or of the Trust Certificates (other than the signature and countersignature of the Owner Trustee on the Trust Certificates) or the Notes, or of any Receivable 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 Receivable Receivable, or the perfection and priority of any security interest created by any Receivable in any Financed Vehicle 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 the Certificateholders under this Agreement or the Noteholders under the Indenture, including, without limitation: the existence, condition and ownership of any Financed Vehicle; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable on or any computer or other record thereof; the validity of the assignment of any Receivable to the Trust or of any intervening assignment; the completeness of any Receivable; the performance or enforcement of any Receivable; the compliance by the Depositor Seller or the Servicer with any warranty or representation made under any 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 Servicer or any subservicer taken in the name of the Owner Trustee.

Appears in 1 contract

Samples: Trust Agreement (Franklin Receivables LLC)

Owner Trustee Not Liable for Trust. Certificates or for Receivables. The recitals statements 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 Depositor, Depositor and the Owner Trustee assumes no responsibility for the correctness thereof. Except as set forth in Section 7.03, the The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any Basic Document or of the Trust Certificates (other than the signature and countersignature of the Owner Trustee on the Trust Certificates) or the Notes, or of any Receivable 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 Receivable Receivable, or the perfection and priority of any security interest created by any Receivable in any Financed Vehicle 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 the Certificateholders under this Agreement or the Noteholders under the Indenture, including, without limitation: the existence, condition and ownership of any Financed Vehicle; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable on any computer or other record thereof; the validity of the assignment of any Receivable to the Trust or of any intervening assignment; the completeness of any Receivable; the performance or enforcement of any Receivable; the compliance by the Depositor or the Servicer with any warranty or representation made under any 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 Servicer or any subservicer taken in the name of the Owner Trustee.

Appears in 1 contract

Samples: Trust Agreement (Ml Asset Backed Corp)

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Owner Trustee Not Liable for Trust. Certificates or for Receivables-------------------------------------------------- Mortgage 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 DepositorDepositor and the Company, and the Owner Trustee assumes no responsibility for the correctness thereof. Except as set forth in Section 7.03, the The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any Basic Document or of the Trust Certificates (other than the signature and countersignature of the Owner Trustee on the Trust Certificates) or the Notes, or of any Receivable 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 Receivable or the perfection and priority of any security interest created by any Receivable in any Financed Vehicle or the maintenance of any such perfection and priorityMortgage 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 the Certificateholders under this Agreement or the Noteholders under the Indenture, including, without limitation: the existence, condition and ownership of any Financed Vehicleproperty securing a Mortgage Loan; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable on any computer or other record thereof; the validity of the assignment of any Receivable Mortgage Loan to the Trust or of any intervening assignment; the completeness of any Receivable; the performance or enforcement of any ReceivableMortgage Loan; the compliance by the Depositor Depositor, the Company or the Master Servicer with any warranty or representation made under any Basic Document or in any related document or the accuracy of any such warranty or representation, or any action of the Administrator, the Indenture Trustee or the Master Servicer or any subservicer taken in the name of the Owner Trustee.

Appears in 1 contract

Samples: Trust Agreement (Indymac Abs Inc)

Owner Trustee Not Liable for Trust. Certificates or for ReceivablesHome Loans. The recitals contained herein and in the Trust Certificates (other than the signature and countersignature of the Owner Trustee Trust on the Trust Certificates) shall be taken as the statements of the DepositorDepositor and the Company, and the Owner Trustee assumes no responsibility for the correctness thereof. Except as set forth in Section 7.03, the The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any Basic Document or of the Trust Certificates (other than the signature and countersignature of the Owner Trustee on the Trust CertificatesCertificates and as specified in Section 7.3) or the Notes, or of any Receivable Home 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 Receivable Home Loan, or the perfection and priority of any security interest created by any Receivable in any Financed Vehicle Home 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 the Certificateholders Owners under this Agreement or the Noteholders under the Indenture, including, without limitation: the existence, condition and ownership of any Financed VehicleMortgaged Property; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable Home Loan on any computer or other record thereof; , the validity of the assignment of any Receivable Home Loan to the Trust or of any intervening assignment; the completeness of any ReceivableHome Loan; the performance or enforcement of any ReceivableHome Loan; the compliance by the Depositor Depositor, the Company or the Servicer with any warranty or representation made under any 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 Servicer or any subservicer taken in the name of the Owner Trustee.

Appears in 1 contract

Samples: Ditech Funding Corp Home Loan Owner Trust 1997-1

Owner Trustee Not Liable for Trust. Certificates Certificates, Mortgage ----------------------------------------------------------- Loans or for ReceivablesPooled Certificates. 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 Depositor, Depositor and the Owner Trustee assumes no responsibility for the correctness thereof. Except as set forth in Section 7.03, the The Owner Trustee makes no representations as to the validity or sufficiency of this the Trust Agreement, of any other Basic Document or of the Trust Certificates (other than the signature and countersignature the certificate of authentication of the Owner Trustee on the Trust Certificates) or the Notes, or of any Receivable Mortgage Loan, Swap Agreement or Pooled Certificate 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 Receivable Mortgage Loan, Swap Agreement or the perfection and priority of any security interest created by any Receivable in any Financed Vehicle or the maintenance of any such perfection and priorityPooled Certificate, or for or with respect to the sufficiency of the Owner Trust Estate or its ability to generate the payments to be distributed to the Certificateholders under this the Trust Agreement or the Noteholders under the Indenture, including, without limitation: the existence, condition and ownership of any Financed Vehicleproperty securing a Mortgage Loan; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable on any computer or other record thereof; the validity of the assignment of any Receivable Mortgage Loan to the Trust or of any intervening assignment; the completeness of any Receivable; the performance or enforcement of any ReceivableMortgage Loan, Swap Agreement or Pooled Certificate; the compliance by the Depositor or the Servicer with any warranty or representation made under any Basic Document or in any related document or the accuracy of any such warranty or representation, or any action of the AdministratorDepositor, the Indenture Trustee or the Servicer or any subservicer taken in the name of the Owner Trustee.

Appears in 1 contract

Samples: Trust Agreement (Thornburg Mortgage Asset Corp)

Owner Trustee Not Liable for Trust. Certificates Certificates, Notes or for ReceivablesContracts. The recitals contained herein and in the Trust Certificates (other than the signature and countersignature of the Owner Trustee and the certificate of authentication on the Trust Certificates) shall be taken as the statements of the DepositorDepositors, and the Owner Trustee assumes no responsibility for the correctness thereof. Except as set forth in Section 7.03, the The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any other Basic Document or of the Trust Certificates (other than the signature and countersignature of the Owner Trustee and the certificate of authentication on the Trust CertificatesCertificates and the representations and warranties in Section 7.03) or the Notes, or of any Receivable Contract 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 Receivable Contract, or the perfection and priority of any security interest created by any Receivable Contract in any Financed Vehicle or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Trust Estate or its ability to generate the payments to be distributed to the Certificateholders under this Agreement or the Noteholders under the Indenture, including, without limitation: , the existence, condition and ownership of any Financed Vehicle; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable Contract on any computer or other record thereof; the validity of the assignment of any Receivable Contract to the Trust or of any intervening assignment; the completeness of any ReceivableContract; the performance or enforcement of any ReceivableContract; the compliance by the Depositor Depositors, the Insurer or the Master Servicer with any warranty or representation made under any Basic Document or in any related document or the accuracy of any such warranty or representation, or any action of the Administrator, the Indenture Trustee or the Servicer or any subservicer taken in the name of the Owner Trustee.or

Appears in 1 contract

Samples: Trust Agreement (WFS Receivables Corp)

Owner Trustee Not Liable for Trust. Certificates or for Receivables. The recitals statements 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 Depositor, Depositor and the Owner Trustee assumes no responsibility for the correctness thereof. Except as set forth in Section 7.03, the The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any Basic Document or of the Trust Certificates (other than the signature and countersignature of the Owner Trustee on the Trust Certificates) or the Notes, or of any Receivable 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 Receivable Receivable, or the perfection and priority of any security interest created by any Receivable in any Financed Vehicle 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 the Certificateholders under this Agreement or the Noteholders under the Indenture, including, without limitation: the existence, condition and ownership of any Financed Vehicle; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable on any computer or other record thereof; the validity of the assignment of any Receivable to the Trust or of any intervening assignment; the completeness of any Receivable; the performance or enforcement of any Receivable; the compliance by the Depositor or the Servicer with any warranty or representation made under any Basic Document or in any related document or the accuracy of any such warranty or representation, or any action of the Administrator, the Indenture Trustee or the Servicer or any subservicer taken in the name of the Owner Trustee.intervening

Appears in 1 contract

Samples: Trust Agreement (Ml Asset Backed Corp)

Owner Trustee Not Liable for Trust. Certificates or for Receivables. -------------------------------------------------------------- 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 Depositor, Seller and the Owner Trustee assumes no responsibility for the correctness thereof. Except as set forth in Section 7.03, the The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any Basic Document or of the Trust Certificates (other than the signature and countersignature of the Owner Trustee on the Trust Certificates) or the Notes, or of any Receivable 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 Receivable Receivable, or the perfection and priority of any security interest created by any Receivable in any Financed Vehicle 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 the Certificateholders under this Agreement or the Noteholders under the Indenture, including, without limitation: the existence, condition and ownership of any Financed Vehicle; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable on or any computer or other record thereof; the validity of the assignment of any Receivable to the Trust or of any intervening assignment; the completeness of any Receivable; the performance or enforcement of any Receivable; the compliance by the Depositor Seller or the Servicer with any warranty or representation made under any 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 Servicer or any subservicer taken in the name of the Owner Trustee.

Appears in 1 contract

Samples: Trust Agreement (Franklin Receivables LLC)

Owner Trustee Not Liable for Trust. Certificates or for -------------------------------------------------- Receivables. 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 DepositorCompany, and the Owner Trustee assumes no responsibility for the correctness thereof. Except as set forth in Section 7.03, the The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any Basic Document or of the Trust Certificates (other than the signature and countersignature of the Owner Trustee on the Trust Certificates) or the Notes, or of any Receivable or any 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 Receivable Receivable, or the perfection and priority of any security interest created by any Receivable in any Financed Vehicle 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 the Certificateholders under this Agreement or the to Noteholders under the Indenture, including, without limitation: the existence, condition and ownership of any Financed Vehicle; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable on any computer or other record thereof; the validity of the assignment of any Receivable to the Trust or of any intervening assignment; the completeness of any Receivable; the performance or enforcement of any Receivable; the compliance by the Depositor Company or the Servicer with any warranty or representation made under any Basic Document or in any related document or the accuracy of any such warranty or representation, or any action of the Administrator, the Indenture Trustee or the Servicer or any subservicer taken in the name of the Owner Trustee.

Appears in 1 contract

Samples: Form of Trust Agreement (Asset Backed Securities Corp)

Owner Trustee Not Liable for Trust. Certificates or for Receivables. 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 Depositor, Seller and the Owner Trustee assumes no responsibility for the correctness thereof. Except as set forth in Section 7.03, the The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any Basic Document or of the Trust Certificates (other than the signature and countersignature of the Owner Trustee on the Trust Certificates) or the Notes, or of any Receivable 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 Receivable Receivable, or the perfection and priority of any security interest created by any Receivable in any Financed Vehicle 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 the Certificateholders under this Agreement or the Noteholders under the Indenture, including, without limitation: the existence, condition and ownership of any Financed Vehicle; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable on or any computer or other record thereof; the validity of the assignment of any Receivable to the Trust or of any intervening assignment; the completeness of any Receivable; the performance or enforcement of any Receivable; the compliance by the Depositor Seller or the Servicer with any warranty or representation made under any 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 Servicer or any subservicer taken in the name of the Owner Trustee.

Appears in 1 contract

Samples: FCC Receivables Corp

Owner Trustee Not Liable for Trust. Certificates Certificate, Notes or for ReceivablesContracts. The recitals contained herein and in the Trust Certificates Certificate (other than the signature and countersignature of the Owner Trustee and the certificate of authentication on the Trust CertificatesCertificate) shall be taken as the statements of the Trust Depositor, and the Owner Trustee assumes no responsibility for the correctness thereof. Except as set forth in Section 7.03, the The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any Basic other Transaction Document or of the Trust Certificates Certificate (other than the signature and countersignature of the Owner Trustee and the certificate of authentication on the Trust CertificatesCertificate) or the Notes, or of any Receivable Contract 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 Receivable Contract, or the perfection and priority of any security interest created by any Receivable Contract in any Financed Vehicle Motorcycle or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Trust Estate or its ability to generate the payments to be distributed to the Certificateholders Certificateholder under this Agreement or the Noteholders under the Indenture, including, without limitation: , the existence, condition and ownership of any Financed VehicleMotorcycle; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable Contract on any computer or other record thereof; the validity of the assignment of any Receivable Contract to the Trust or of any intervening assignment; the completeness of any ReceivableContract; the performance or enforcement of any ReceivableContract; the compliance by the Trust Depositor or the Servicer with any warranty or representation made under any Basic Transaction Document or in any related document or the accuracy of any such warranty or representation, ; or any action of the Administrator, the Indenture Trustee or the Servicer or any subservicer taken in the name of the Owner Trustee.

Appears in 1 contract

Samples: Trust Agreement (Harley Davidson Motorcycle Trust 2004 1)

Owner Trustee Not Liable for Trust. Certificates Certificate, Residual Interest Certificate Notes or for Receivables. The recitals contained herein and in the Trust Certificates Certificate and the Residual Interest Certificate (other than the signature and countersignature of the Owner Trustee and the certificate of authentication on the Trust such Certificates) shall be taken as the statements of the Depositor, and neither the Owner Trustee nor the Owner assumes no responsibility for the correctness thereof. Except as set forth in Section 7.03, the The Owner Trustee makes no representations as to the validity or sufficiency of this Agreement, of any Basic other Operative Document or of the Trust Certificates (other than the signature and countersignature of the Owner Trustee and the certificate of authentication on the Trust Certificates) or the Notes, or of any Receivable 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 Receivable Receivable, or the perfection and priority of any security interest created by any Receivable in any Financed Vehicle security relating to a Receivable or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Trust Estate or its ability to generate the payments to be distributed to the Certificateholders Residual Interest Certificateholder under this Agreement or the Noteholders under the Indenture, including, without limitation: , the existence, condition and ownership of any Financed VehicleReceivable; the existence and enforceability of any insurance thereon; the existence and contents of any Receivable on any computer or other record thereof; the validity of the assignment of any Receivable to the Trust or of any intervening assignment; the completeness of any Receivablereceivable; the performance or enforcement of any Receivable; the compliance by the Depositor or the Servicer with any warranty or representation made under any Basic Operative Document or in any related document or the accuracy of any such warranty or representation, ; or any action of the Administrator, the Indenture Trustee or the Servicer or any subservicer taken in the name of the Owner Trustee.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Bluegreen Corp)

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