Common use of Protection of Trust Estate Clause in Contracts

Protection of Trust Estate. (a) The Issuer will from time to time execute and deliver all such supplements and amendments hereto and all such financing statements, continuation statements, instruments of further assurance and other instruments, and will take such other action as may be necessary or advisable to: (i) Grant more effectively all or any portion of the Trust Estate; (ii) maintain or preserve the lien of this Indenture or carry out more effectively the purposes hereof; (iii) perfect, publish notice of or protect the validity of any Grant made or to be made by this Indenture; (iv) enforce any of the Mortgage Loans, the Servicing Agreement, the Mortgage Loan Sale Agreement or the Mortgage Loan Contribution Agreement; or (v) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, and of the Noteholders, in the Mortgage Loans and the other property held as part of the Trust Estate against the claims of all Persons and parties. (b) The Indenture Trustee shall not remove any portion of the Trust Estate that consists of money or is evidenced by an instrument, certificate or other writing from the jurisdiction in which it was held, or to which it is intended to be removed, as described in the Opinion of Counsel delivered at the Closing Date pursuant to Section 2.1l(c), or cause or permit ownership or the pledge of any portion of the Trust Estate that consists of book-entry securities to be recorded on the books of a Person located in a different jurisdiction from the jurisdiction in which such ownership or pledge was recorded at such time unless the Indenture Trustee shall have first received an Opinion of Counsel to the effect that the lien and security interest created by this Indenture with respect to such property will continue to be maintained after giving effect to such action or actions.

Appears in 7 contracts

Samples: Indenture (Wachovia Mortgage Loan Trust, LLC), Indenture (Wachovia Mortgage Loan Trust, LLC), Indenture (Wachovia Asset Funding Trust, LLC)

AutoNDA by SimpleDocs

Protection of Trust Estate. (a) The Issuer will Trust will, from time to time time, execute and deliver all such supplements and amendments hereto and all such financing statements, continuation statements, instruments of further assurance and other instruments, and will take such other action as may be necessary or advisable to: (i) Grant more effectively all or any portion of the Trust EstateEstate as made by this Indenture; (ii) maintain or preserve the lien of this Indenture or carry out more effectively the purposes hereof; (iii) perfect, publish notice of or protect the validity of any Grant made or to be made by this Indenture; (iv) enforce any of the Mortgage Loans, the Servicing Agreement, the Mortgage Loan Sale Agreement Loans or the Mortgage Loan Contribution Sale and Servicing Agreement; or (v) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, the Noteholders and of the Noteholders, Note Insurer in the Mortgage Loans and the other property held as part of the Trust Estate against the claims of all Persons and parties. (b) The Indenture Trustee shall not remove any portion of the Trust Estate that consists of money or is evidenced by an instrument, certificate or other writing from the jurisdiction in which it was held, or to which it is intended to be removed, as described in the Opinion of Counsel delivered held at the Closing Date pursuant to Section 2.1l(c), (provided that the Indenture Trustee may allow for the release of the Indenture Trustee’s Mortgage File as provided in tile Sale and Servicing Agreement) or cause or permit ownership or the pledge of any portion of the Trust Estate that consists of book-entry securities to be recorded on the books of a Person located in a different jurisdiction from the jurisdiction in which such ownership or pledge was recorded at such time unless the Indenture Trustee shall have first received an Opinion of Counsel to the effect that the lien and security interest created by this Indenture with respect to such property will continue to be maintained after giving effect to such action or actions.

Appears in 3 contracts

Samples: Indenture (Accredited Home Lenders Inc Mortgage Loan Trust 2004-1), Indenture (Accredited Mortgage Loan Trust 2003-2), Indenture (Accredited Mortgage Loan Trust 2003-3)

Protection of Trust Estate. (a) The Issuer will Trust will, from time to time time, execute and deliver all such supplements and amendments hereto and all such financing statements, continuation statements, instruments of further assurance and other instruments, and will take such other action as may be necessary or advisable to: (i) Grant more effectively all or any portion of the Trust EstateEstate as made by this Indenture; (ii) maintain or preserve the lien of this Indenture or carry out more effectively the purposes hereof; (iii) perfect, publish notice of or protect the validity of any Grant made or to be made by this Indenture; (iv) enforce any of the Mortgage Loans, the Servicing Agreement, the Mortgage Loan Sale Agreement Loans or the Mortgage Loan Contribution Sale and Servicing Agreement; or (v) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, Trustee and of the Noteholders, Noteholders in the Mortgage Loans and the other property held as part of the Trust Estate against the claims of all Persons and parties. (b) The Indenture Trustee shall not remove any portion of the Trust Estate that consists of money or is evidenced by an instrument, certificate or other writing from the jurisdiction in which it was held, or to which it is intended to be removed, as described in the Opinion of Counsel delivered held at the Closing Date pursuant (provided that the Indenture Trustee may allow for the release of the Indenture Trustee’s Mortgage File as provided in the Sale and Servicing Agreement and may also move its files to Section 2.1l(c), the State of California) or cause or permit ownership or the pledge of any portion of the Trust Estate that consists of book-entry securities to be recorded on the books of a Person located in a different jurisdiction from the jurisdiction in which such ownership or pledge was recorded at such time unless the Indenture Trustee shall have first received an Opinion of Counsel to the effect that the lien and security interest created by this Indenture with respect to such property will continue to be maintained after giving effect to such action or actions.

Appears in 3 contracts

Samples: Indenture (Accredited Mortgage Loan Trust 2005-1), Indenture (Accredited Mortgage Loan Trust 2004-3), Indenture (Accredited Mortgage Loan Trust 2004-4)

Protection of Trust Estate. (a) The Issuer will from time to time execute and deliver all such supplements and amendments hereto and all such financing statements, continuation statements, instruments of further assurance and other instruments, and will take such other action as may be necessary or advisable to: (i) Grant more effectively all or any portion of the Trust Estate; (ii) maintain or preserve the lien and security interest (and the priority thereof) of this Indenture or carry out more effectively the purposes hereof; (iiiii) perfect, publish notice of or protect the validity of any Grant made or to be made by this Indenture; (iviii) cause the Trust to enforce any of the Mortgage Home Equity Loans, the Servicing Agreement, the Mortgage Loan Sale Agreement or the Mortgage Loan Contribution Agreement; or (viv) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, and of the Noteholders, in the Mortgage Loans Trustee and the other property held as part of Noteholders and the Credit Enhancer in such Trust Estate against the claims of all Persons persons and parties. (b) The Except as otherwise provided in this Indenture, the Indenture Trustee shall not remove any portion of the Trust Estate that consists of money or is evidenced by an instrument, certificate or other writing from the jurisdiction in which it was held, held at the date of the most recent Opinion of Counsel delivered pursuant to Section 3.07 (or to from the jurisdiction in which it is intended to be removed, was held as described in the Opinion of Counsel delivered at the Closing Date pursuant to Section 2.1l(c3.07(a), or cause or permit ownership or the pledge if no Opinion of any portion of the Trust Estate that consists of book-entry securities Counsel has yet been delivered pursuant to be recorded on the books of a Person located in a different jurisdiction from the jurisdiction in which such ownership or pledge was recorded at such time Section 3.07(b)) unless the Indenture Trustee shall have first received an Opinion of Counsel to the effect that the lien and security interest created by this Indenture with respect to such property will continue to be maintained after giving effect to such action or actions. The Issuer hereby designates the Indenture Trustee its agent and attorney-in-fact to execute any financing statement, continuation statement or other instrument required to be executed pursuant to this Section 3.06.

Appears in 3 contracts

Samples: Indenture (Home Equity Loan Trust 2006-Hsa3), Indenture (Home Equity Loan Trust 2006-Hsa4), Indenture (Home Equity Loan Trust 2006-Hsa5)

Protection of Trust Estate. (a) The Issuer will Trust will, from time to time time, execute and deliver all such supplements and amendments hereto and all such financing statements, continuation statements, instruments of further assurance and other instruments, and will take such other action as may be necessary or advisable to: (i) Grant more effectively all or any portion of the Trust EstateEstate as made by this Indenture; (ii) maintain or preserve the lien of this Indenture or carry out more effectively the purposes hereof; (iii) perfect, publish notice of or protect the validity of any Grant made or to be made by this Indenture; (iv) enforce any of the Mortgage Loans, the Servicing Agreement, the Mortgage Loan Sale Agreement Loans or the Mortgage Loan Contribution Sale and Servicing Agreement; or (v) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, the Noteholders and of the Noteholders, Note Insurer in the Mortgage Loans and the other property held as part of the Trust Estate against the claims of all Persons and parties. (b) The Indenture Trustee shall not remove any portion of the Trust Estate that consists of money or is evidenced by an instrument, certificate or other writing from the jurisdiction in which it was held, or to which it is intended to be removed, as described in the Opinion of Counsel delivered held at the Closing Date pursuant to Section 2.1l(c), (provided that the Indenture Trustee may allow for the release of the Indenture Trustee's Mortgage File as provided in tile Sale and Servicing Agreement) or cause or permit ownership or the pledge of any portion of the Trust Estate that consists of book-entry securities to be recorded on the books of a Person located in a different jurisdiction from the jurisdiction in which such ownership or pledge was recorded at such time unless the Indenture Trustee shall have first received an Opinion of Counsel to the effect that the lien and security interest created by this Indenture with respect to such property will continue to be maintained after giving effect to such action or actions.

Appears in 3 contracts

Samples: Indenture (Accredited Mort Loan Trust Asset Back Notes Series 2003-1), Indenture (Accredited Home Lenders Accredited Mort Loan Trust 2002-2), Indenture (Accredited Home Lenders Accredited Mort Loan Trust 2002-2)

Protection of Trust Estate. (a) The Issuer will Issuing Entity shall from time to time execute and deliver all such supplements and amendments hereto and all such financing statements, continuation statements, instruments of further assurance and other instruments, and will shall take such other action as may be necessary or advisable to: (i) Grant more effectively all or any portion of the Trust Estate; (ii) maintain or preserve the lien and security interest (and the priority thereof) of this Indenture or carry out more effectively the purposes hereof; (iiiii) perfect, publish notice of or protect the validity of any Grant made or to be made by this Indenture; (iviii) cause the Trust to enforce any of the Mortgage Loans, the Servicing Agreement, the Mortgage Loan Sale Agreement or the Mortgage Loan Contribution Agreement; or (viv) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, and of the Noteholders, in the Mortgage Loans Trustee and the other property held as part of the Trust Estate Noteholders therein against the claims of all Persons and parties. (b) The Except as otherwise provided in this Indenture, the Indenture Trustee shall not remove any portion of the Trust Estate that consists of money or that is evidenced by an instrument, certificate or other writing from the jurisdiction in which it was held, held at the date of the most recent Opinion of Counsel delivered pursuant to Section 3.07 (or to from the jurisdiction in which it is intended to be removed, was held as described in the Opinion of Counsel delivered at the Closing Date pursuant to Section 2.1l(c3.07(a), or cause or permit ownership or the pledge if no Opinion of any portion of the Trust Estate that consists of book-entry securities Counsel shall have yet been delivered pursuant to be recorded on the books of a Person located in a different jurisdiction from the jurisdiction in which such ownership or pledge was recorded at such time Section 3.07(b)), unless the Indenture Trustee shall have first received an Opinion of Counsel to the effect that the lien Lien and security interest created by this Indenture with respect to such property will continue to be maintained after giving effect to such action or actions. The Issuing Entity hereby designates the Indenture Trustee its agent and attorney-in-fact to execute any financing statement, continuation statement or other instrument required to be executed pursuant to this Section.

Appears in 2 contracts

Samples: Indenture (Bear Stearns Asset Backed Securities I LLC), Indenture (Bear Stearns Asset Backed Securities I LLC)

Protection of Trust Estate. (a) The Issuer will Issuing Entity will, from time to time time, execute and deliver all such supplements and amendments hereto and all such financing statements, continuation statements, instruments of further assurance and other instruments, and will take such other action as may be necessary or advisable to: (i) Grant more effectively all or any portion of the Trust EstateEstate as made by this Indenture; (ii) maintain or preserve the lien of this Indenture or carry out more effectively the purposes hereof; (iii) perfect, publish notice of or protect the validity of any Grant made or to be made by this Indenture; (iv) enforce any of the Mortgage Loans, the Servicing Agreement, the Mortgage Loan Sale Agreement Loans or the Mortgage Loan Contribution Sale and Servicing Agreement; or (v) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, and of the Noteholders, Noteholders in the Mortgage Loans and the other property held as part of the Trust Estate against the claims of all Persons and parties. (b) The Indenture Trustee shall not remove any portion of the Trust Estate that consists of money or is evidenced by an instrument, certificate or other writing from the jurisdiction in which it was held, or to which it is intended to be removed, as described in the Opinion of Counsel delivered held at the Closing Date pursuant to Section 2.1l(c), or cause or permit ownership or the pledge of any portion of the Trust Estate that consists of book-entry securities to be recorded on the books of a Person located in a different jurisdiction from the jurisdiction in which such ownership or pledge was recorded at such time unless the Indenture Trustee shall have first received an Opinion of Counsel to the effect that the lien and security interest created by this Indenture with respect to such property will continue to be maintained after giving effect to such action or actions.

Appears in 2 contracts

Samples: Indenture (NovaStar Certificates Financing CORP), Indenture (NovaStar Certificates Financing CORP)

Protection of Trust Estate. (a) The Issuer will will, from time to time time, execute and deliver all such supplements and amendments hereto and all such financing statements, continuation statements, instruments of further assurance and other instruments, and will take such other action as may be necessary or advisable to: (i) Grant more effectively all or any portion of the Trust EstateEstate as made by this Indenture; (ii) maintain or preserve the lien of this Indenture or carry out more effectively the purposes hereof; (iii) perfect, publish notice of or protect the validity of any Grant made or to be made by this Indenture; (iv) enforce any of the Mortgage Loans, the Servicing Agreement, the Mortgage Loan Sale Agreement Loans or the Mortgage Loan Contribution Sale and Servicing Agreement; or (v) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, the Swap Provider and of the Noteholders, Noteholders in the Mortgage Loans and the other property held as part of the Trust Estate against the claims of all Persons and parties. (b) The Indenture Trustee shall not remove any portion of the Trust Estate that consists of money or is evidenced by an instrument, certificate or other writing from the jurisdiction in which it was held, or to which it is intended to be removed, as described in the Opinion of Counsel delivered held at the Closing Date pursuant (provided that the Indenture Trustee may allow for the release of the Indenture Trustee’s Mortgage File as provided in the Sale and Servicing Agreement and may also move its files to Section 2.1l(c), the State of California) or cause or permit ownership or the pledge of any portion of the Trust Estate that consists of book-entry securities to be recorded on the books of a Person located in a different jurisdiction from the jurisdiction in which such ownership or pledge was recorded at such time unless the Indenture Trustee shall have first received an Opinion of Counsel to the effect that the lien and security interest created by this Indenture with respect to such property will continue to be maintained after giving effect to such action or actions.

Appears in 2 contracts

Samples: Indenture (Accredited Mortgage Loan Trust 2005-3), Indenture (Accredited Mortgage Loan Trust 2005-4)

Protection of Trust Estate. (a) The Issuer will from time to time execute and deliver all such supplements and amendments hereto and all such financing statements, continuation statements, instruments of further assurance and other instruments, and will take such other action as may be necessary or advisable to: (i) Grant more effectively all or any portion of the Trust Estate; (ii) maintain or preserve the lien and security interest (and the priority thereof) of this Indenture or carry out more effectively the purposes hereof; (iiiii) perfect, publish notice of or protect the validity of any Grant made or to be made by this Indenture; (iviii) cause the 199_-_ Trust LIC to enforce any of the Mortgage .Mortgage Loans, the Servicing Agreement, the Mortgage Loan Sale Agreement or the Mortgage Loan Contribution Agreement; or (viv) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, and of the Noteholders, in the Mortgage Loans Trustee and the other property held as part of the Noteholders in such Trust Estate against the claims of all Persons persons and parties. (b) The Except as otherwise provided in this Indenture, the Indenture Trustee shall not remove any portion of the Trust Estate that consists of money or is evidenced by an instrument, certificate or other writing from the jurisdiction in which it was held, held at the date of the most recent Opinion of Counsel delivered pursuant to Section 3 07 (or to from the jurisdiction in which it is intended to be removed, was held as described in the Opinion of Counsel delivered at the Closing Date pursuant to Section 2.1l(c3.07(a), or cause or permit ownership or the pledge if no Opinion of any portion of the Trust Estate that consists of book-entry securities Counsel has yet been delivered pursuant to be recorded on the books of a Person located in a different jurisdiction from the jurisdiction in which such ownership or pledge was recorded at such time Section 3.07(b) unless the Indenture Trustee shall have first received an Opinion of Counsel to the effect that the lien and security interest created by this Indenture with respect to such property will continue to be maintained after giving effect to such action or actions. The Issuer hereby designates the Indenture Trustee its agent and attorney- in-fact to execute any financing statement, continuation statement or other instrument required to be executed pursuant to this Section 3.06.

Appears in 1 contract

Samples: Indenture (Credit Suisse First Boston Mortgage Securities Corp)

Protection of Trust Estate. (a) The Issuer will from time to time execute and deliver all such supplements and amendments hereto and all such financing statements, continuation statements, instruments of further assurance and other instruments, and will take such other action as may be necessary or advisable to: (i) Grant more effectively all or any portion of the Trust Estate; (ii) maintain or preserve the lien of this Indenture or carry out more effectively the purposes hereof; (iii) perfect, publish notice of or protect the validity of any Grant made or to be made by this Indenture; (iv) enforce any of the Mortgage Loans, the Master Servicing Agreement, the Mortgage Loan Sale Agreement Servicing Agreements or the Mortgage Loan Contribution Purchase Agreement; or (v) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, Trustee and of the Noteholders, Bondholders in the Mortgage Loans and the other property held as part of the Trust Estate against the claims of all Persons and parties. (b) The Indenture Trustee shall not remove any portion of the Trust Estate that consists of money or is evidenced by an instrument, certificate or other writing from the jurisdiction in which it was held, or to which it is intended to be removed, as described in the Opinion of Counsel delivered at the Closing Date pursuant to Section 2.1l(c), or cause or permit ownership or the pledge of any portion of the Trust Estate that consists of book-entry securities to be recorded on the books of a Person located in a different jurisdiction from the jurisdiction in which such ownership or pledge was recorded at such time unless the Indenture Trustee shall have first received an Opinion of Counsel to the effect that the lien and security interest created by this Indenture with respect to such property will continue to be maintained after giving effect to such action or actions.

Appears in 1 contract

Samples: Indenture (American Residential Eagle Bond Trust 1992-2)

AutoNDA by SimpleDocs

Protection of Trust Estate. (a) The Issuer will from time to time prepare (or shall cause to be prepared), execute and deliver all such supplements and amendments hereto and all such financing statements, continuation statements, instruments of further assurance and other instruments, and will take such other action as may be necessary or advisable to: (i) Grant more effectively all or any portion of the Trust Estate; (ii) maintain or preserve the lien and security interest (and the priority thereof) of this Indenture or carry out more effectively the purposes hereof; (iiiii) perfect, publish notice of or protect the validity of any Grant made or to be made by this Indenture; (iviii) enforce any of the Mortgage Home Equity Loans, the Servicing Agreement, the Mortgage Loan Sale Agreement or the Mortgage Loan Contribution Agreement; or (viv) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, and of the Noteholders, in the Mortgage Loans Trustee and the other property held as part of the Noteholders in such Trust Estate against the claims of all Persons persons and parties. (b) The Except as otherwise provided in the Sale and Servicing Agreement or this Indenture, the Indenture Trustee shall not remove any portion of the Trust Estate that consists of money or is evidenced by an instrument, certificate or other writing from the jurisdiction in which it was held, held at the date of the most recent Opinion of Counsel delivered pursuant to Section 3.06 (or to from the jurisdiction in which it is intended to be removed, was held as described in the Opinion of Counsel delivered at the Closing Date pursuant to Section 2.1l(c3.07(a), or cause or permit ownership or the pledge if no Opinion of any portion of the Trust Estate that consists of book-entry securities Counsel has yet been delivered pursuant to be recorded on the books of a Person located in a different jurisdiction from the jurisdiction in which such ownership or pledge was recorded at such time Section 3.07(b) unless the Indenture Trustee shall have first received an Opinion of Counsel to the effect that the lien and security interest created by this Indenture with respect to such property will continue to be maintained after giving effect to such action or actions. The Issuer hereby designates the Indenture Trustee its agent and attorney-in-fact to execute any financing statement, continuation statement or other instrument required to be executed pursuant to this Section 3.06.

Appears in 1 contract

Samples: Indenture (Ucfc Acceptance Corp)

Protection of Trust Estate. (a) The Issuer will Trust will, from time to time time, execute and deliver all such supplements and amendments hereto and all such financing statements, continuation statements, instruments of further assurance and other instruments, and will take such other action as may be necessary or advisable to: (i) Grant more effectively all or any portion of the Trust EstateEstate as made by this Indenture; (ii) maintain or preserve the lien of this Indenture or carry out more effectively the purposes hereof; (iii) perfect, publish notice of or protect the validity of any Grant made or to be made by this Indenture; (iv) enforce any of the Mortgage Loans, the Servicing Agreement, the Mortgage Loan Sale Agreement Loans or the Mortgage Loan Contribution Sale and Servicing Agreement; or (v) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, the Noteholders and of the Noteholders, Note Insurer in the Mortgage Loans and the other property held as part of the Trust Estate against the claims of all Persons and parties. (b) The Indenture Trustee shall not remove any portion of the Trust Estate that consists of money or is evidenced by an instrument, certificate or other writing from the jurisdiction in which it was held, or to which it is intended to be removed, as described in the Opinion of Counsel delivered held at the Closing Date pursuant (provided that the Indenture Trustee may allow for the release of the Indenture Trustee’s Mortgage File as provided in the Sale and Servicing Agreement and may also move its files to Section 2.1l(c), the State of California) or cause or permit ownership or the pledge of any portion of the Trust Estate that consists of book-entry securities to be recorded on the books of a Person located in a different jurisdiction from the jurisdiction in which such ownership or pledge was recorded at such time unless the Indenture Trustee shall have first received an Opinion of Counsel to the effect that the lien and security interest created by this Indenture with respect to such property will continue to be maintained after giving effect to such action or actions.

Appears in 1 contract

Samples: Indenture (Accredited Mortgage Loan Trust 2004-2)

Protection of Trust Estate. (a) The Issuer will Trust will, from time to time time, execute and deliver all such supplements and amendments hereto and all such financing statements, continuation statements, instruments of further assurance and other instruments, and will take such other action as may be necessary or advisable to: (i) Grant more effectively all or any portion of the Trust EstateEstate as made by this Indenture; (ii) maintain or preserve the lien of this Indenture or carry out more effectively the purposes hereof; (iii) perfect, publish notice of or protect the validity of any Grant made or to be made by this Indenture; (iv) enforce any of the Mortgage Loans, the Servicing Agreement, the Mortgage Loan Sale Agreement Loans or the Mortgage Loan Contribution Sale and Servicing Agreement; or (v) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, the Swap Provider and of the Noteholders, Noteholders in the Mortgage Loans and the other property held as part of the Trust Estate against the claims of all Persons and parties. (b) The Indenture Trustee shall not remove any portion of the Trust Estate that consists of money or is evidenced by an instrument, certificate or other writing from the jurisdiction in which it was held, or to which it is intended to be removed, as described in the Opinion of Counsel delivered held at the Closing Date pursuant (provided that the Indenture Trustee may allow for the release of the Indenture Trustee’s Mortgage File as provided in the Sale and Servicing Agreement and may also move its files to Section 2.1l(c), the State of California) or cause or permit ownership or the pledge of any portion of the Trust Estate that consists of book-entry securities to be recorded on the books of a Person located in a different jurisdiction from the jurisdiction in which such ownership or pledge was recorded at such time unless the Indenture Trustee shall have first received an Opinion of Counsel to the effect that the lien and security interest created by this Indenture with respect to such property will continue to be maintained after giving effect to such action or actions.

Appears in 1 contract

Samples: Indenture (Accredited Mortgage Loan Trust 2005-2)

Protection of Trust Estate. (a) The Issuer will from time to time prepare, execute and deliver all such supplements and amendments hereto and all such financing statements, continuation statements, instruments of further assurance and other instruments, and will take such other action as may be necessary or advisable to: (i) Grant more effectively all or any portion of the Trust Estate; (ii) maintain or preserve the lien and security interest (and the priority thereof) of this Indenture or carry out more effectively the purposes hereof; (iiiii) perfect, publish notice of or protect the validity of any Grant made or to be made by this Indenture; (iviii) enforce any of the Mortgage Loans, the Servicing Agreement, the Mortgage Loan Sale Agreement or the Mortgage Loan Contribution AgreementTrust Estate; or (viv) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, and of the Noteholders, in the Mortgage Loans Trustee and the other property held as part of the Noteholders in such Trust Estate against the claims of all Persons persons and parties. (bv) The Except as otherwise provided in this Indenture, the Indenture Trustee shall not remove or permit the Custodian to remove any portion of the Trust Estate that consists of money or is evidenced by an instrument, certificate or other writing from the jurisdiction in which it was held, held at the date of the most recent Opinion of Counsel delivered pursuant to Section 3.05 hereof (or to from the jurisdiction in which it is intended to be removed, was held as described in the Opinion of Counsel delivered at on the Closing Date pursuant to Section 2.1l(c3.05(a) hereof, if no Opinion of Counsel has yet been delivered pursuant to Section 3.05(b) hereof), or cause or permit ownership or the pledge of any portion of the Trust Estate that consists of book-entry securities to be recorded on the books of a Person located in a different jurisdiction from the jurisdiction in which such ownership or pledge was recorded at such time unless the Indenture Trustee shall have first received an Opinion of Counsel to the effect that the lien and security interest created by this Indenture with respect to such property will continue to be maintained after giving effect to such action or actions. The Issuer hereby designates the Indenture Trustee its agent and attorney-in-fact to sign any financing statement, continuation statement or other instrument required to be signed pursuant to this Section 3.04 upon the Issuer’s preparation thereof and delivery to the Indenture Trustee.

Appears in 1 contract

Samples: Indenture (Citigroup Mortgage Loan Trust 2005-11)

Protection of Trust Estate. (a) The Issuer will Issuing Entity will, from time to time time, execute and deliver all such supplements and amendments hereto and all such financing statements, continuation statements, instruments of further assurance and other instruments, and will take such other action as may be necessary or advisable to: (i) Grant more effectively all or any portion of the Trust EstateEstate as made by this Indenture; (ii) maintain or preserve the lien of this Indenture or carry out more effectively the purposes hereof; (iii) perfect, publish notice of or protect the validity of any Grant made or to be made by this Indenture; (iv) enforce any of the Mortgage Loans, the Servicing Agreement, the Mortgage Loan Sale Agreement Loans or the Mortgage Loan Contribution Sale and Servicing Agreement; or (v) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, the Hedge Counterparties and of the Noteholders, Noteholders in the Mortgage Loans and the other property held as part of the Trust Estate against the claims of all Persons and parties. (b) The Indenture Trustee shall not remove any portion of the Trust Estate that consists of money or is evidenced by an instrument, certificate or other writing from the jurisdiction in which it was held, or to which it is intended to be removed, as described in the Opinion of Counsel delivered held at the Closing Date pursuant to Section 2.1l(c), or cause or permit ownership or the pledge of any portion of the Trust Estate that consists of book-entry securities to be recorded on the books of a Person located in a different jurisdiction from the jurisdiction in which such ownership or pledge was recorded at such time unless the Indenture Trustee shall have first received an Opinion of Counsel to the effect that the lien and security interest created by this Indenture with respect to such property will continue to be maintained after giving effect to such action or actions.

Appears in 1 contract

Samples: Indenture (NovaStar Mortgage Funding Trust, Series 2006-1)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!