Common use of Protection of Trust Estate Clause in Contracts

Protection of Trust Estate. (a) The Issuing Entity 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 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 or the 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 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 at the Closing Date (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 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 2006-2), Indenture (Accredited Mortgage Loan REIT Trust)

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Protection of Trust Estate. (a) The Issuing Entity will, will from time to timetime 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 as made by this Indenture; (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 Issuing Entity or Servicer to enforce any of the rights to the Mortgage Loans or the Sale and Servicing AgreementLoans; or (viv) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, the Swap Provider Trustee and the Noteholders in the Mortgage Loans and the other property held as part of the 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 at the Closing Date (provided that the Indenture Trustee may allow for the release date of the Indenture Trustee’s Mortgage File as provided in the Sale and Servicing Agreement and may also move its files most recent Opinion of Counsel delivered pursuant to the State of California) Section 3.07 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 it was held as described in the Opinion of Counsel delivered on the Closing Date pursuant to Section 3.07(a) hereof, or pledge was recorded at such time if no Opinion of Counsel has yet been delivered pursuant to Section 3.07(b) hereof, 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 Issuing Entity 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 3.06 upon the Issuing Entity’s preparation thereof and delivery to the Indenture Trustee.

Appears in 2 contracts

Samples: Indenture (New Century Home Equity Loan Trust 2006-1), Indenture (New Century Home Equity Loan Trust 2006-2)

Protection of Trust Estate. (a) The Issuing Entity 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 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 or the Sale and Servicing Agreement; or (v) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, the Swap Provider Hedge Providers and 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 at the Closing Date (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 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 REIT Trust), Indenture (Accredited Mortgage Loan REIT Trust)

Protection of Trust Estate. (a) The Issuing Entity will, Issuer will from time to timetime 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 as made by this Indenture; (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 Issuer or Master Servicer to enforce any of the rights to the Mortgage Loans or the Sale and Servicing AgreementLoans; or (viv) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, the Swap Provider Note Insurer and the Noteholders in the Mortgage Loans and the other property held as part of the 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 at the Closing Date (provided that the Indenture Trustee may allow for the release date of the Indenture Trustee’s Mortgage File as provided in the Sale and Servicing Agreement and may also move its files most recent Opinion of Counsel delivered pursuant to the State of California) Section 3.07 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 it was held as described in the Opinion of Counsel delivered on the Closing Date pursuant to Section 3.07(a) hereof, or pledge was recorded at such time if no Opinion of Counsel has yet been delivered pursuant to Section 3.07(b) hereof, 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 3.06 upon the Issuer's preparation thereof and delivery to the Indenture Trustee.

Appears in 1 contract

Samples: Indenture (Argent Securities Inc)

Protection of Trust Estate. (a) The Issuing Entity will, Issuer will from time to timetime 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 as made by this Indenture; (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 Issuer or Master Servicer to enforce any of the Mortgage Loans or rights to the Sale and Servicing AgreementHome Loans; or (viv) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, the Swap Provider Trustee and the Noteholders in the Mortgage Loans and the other property held as part of the 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 at the Closing Date (provided that the Indenture Trustee may allow for the release date of the Indenture Trustee’s Mortgage File as provided in the Sale and Servicing Agreement and may also move its files most recent Opinion of Counsel delivered pursuant to the State of California) Section 3.07 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 it was held as described in the Opinion of Counsel delivered on the Closing Date pursuant to Section 3.07(a) hereof, or pledge was recorded at such time if no Opinion of Counsel has yet been delivered pursuant to Section 3.07(b) hereof 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 3.06 upon the Issuer's preparation thereof and delivery to the Indenture Trustee. The Issuer will cause each such statement or instrument to indicate that the Indenture Trustee is acting as the agent and attorney-in-fact of the Issuer.

Appears in 1 contract

Samples: Indenture (Southern Pacific Secured Assets Corp)

Protection of Trust Estate. (a) The Issuing Entity will, Issuer will from time to timetime 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 as made by this Indenture; (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 Issuer or the Servicer to enforce any of their rights with respect to the Mortgage Loans or the Sale and Servicing AgreementLoans; orand (viv) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, the Swap Provider Bond Insurer and the Noteholders Bondholders in the Mortgage Loans and the other property held as part of the 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 at the Closing Date (provided that the Indenture Trustee may allow for the release date of the Indenture Trustee’s Mortgage File as provided in the Sale and Servicing Agreement and may also move its files most recent Opinion of Counsel delivered pursuant to 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 Section 3.07 hereof, 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 3.06 upon the Issuer's preparation thereof and delivery to the Indenture Trustee.

Appears in 1 contract

Samples: Indenture (Merrill Lynch Mortgage Investors Inc)

Protection of Trust Estate. (a) The Issuing Entity will, Issuer 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 Estate as made by this IndentureEstate; (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 enforcing the provisions of any of the Mortgage Loans Home Loans, the Servicing Agreement, the Home Loan Sale Agreement, the Custodial Agreement, the Insurance Agreement or the Sale and Servicing Trust Agreement; or (v) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, and of the Swap Provider Noteholders and the Noteholders Note Insurer, in the Mortgage Home 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 at the date of the most recent Opinion of Counsel delivered pursuant to this Section 3.05 (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 it was held, or to which it is intended to be removed, as described in the Opinion of Counsel delivered at the Closing Date (provided that the Indenture Trustee may allow for the release pursuant to Section 2.11(c), if no Opinion of the Indenture Trustee’s Mortgage File as provided in the Sale and Servicing Agreement and may also move its files Counsel has yet been delivered pursuant to the State of Californiathis Section 3.05) 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 addressed to the Indenture Trustee and the Note Insurer 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 (Financial Asset Securities Corp)

Protection of Trust Estate. (a) The Issuing Entity 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 Estate as made by this Indenture; (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 Issuing Entity to enforce any of the Mortgage Loans or the Sale and Servicing AgreementLoans; or (viv) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, the Swap Provider Trustee and the Noteholders in the Mortgage Loans and the other property held as part of the 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 at the Closing Date (provided that the Indenture Trustee may allow for the release date of the Indenture Trustee’s Mortgage File as provided in the Sale and Servicing Agreement and may also move its files most recent Opinion of Counsel delivered pursuant to the State of California) Section 3.07 (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 it was recorded held as described in the Opinion of Counsel delivered at such time the Closing Date pursuant to Section 3.07(a), if no Opinion of Counsel has yet been delivered pursuant to 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 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 3.06.

Appears in 1 contract

Samples: Indenture (BNP Paribas Mortgage Securities LLC)

Protection of Trust Estate. (a) The Issuing Entity will, Issuer will from time to timetime 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 as made by this Indenture; (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 Issuer or the Servicer to enforce any of their rights with respect to the Mortgage Loans or the Sale and Servicing AgreementLoans; orand (viv) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, the Swap Provider Bond Insurer and the Noteholders Bondholders in the Mortgage Loans and the other property held as part of the 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 at the Closing Date (provided that the Indenture Trustee may allow for the release date of the Indenture Trustee’s Mortgage File as provided in the Sale and Servicing Agreement and may also move its files most recent Opinion of Counsel delivered pursuant to 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 Section 3.07 hereof, 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 3.06 upon the Issuer's preparation thereof and delivery to the Indenture Trustee.

Appears in 1 contract

Samples: Indenture (Novastar Mortgage Funding Corp)

Protection of Trust Estate. (a) The Issuing Entity will, Issuer will from time to timetime 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 as made by this Indenture; (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 Issuer or Master Servicer to enforce any of the rights to the Mortgage Loans or the Sale and Servicing AgreementLoans; or (viv) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, the Swap Provider Trustee and the Noteholders in the Mortgage Loans and the other property held as part of the 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 at the Closing Date (provided that the Indenture Trustee may allow for the release date of the Indenture Trustee’s Mortgage File as provided in the Sale and Servicing Agreement and may also move its files most recent Opinion of Counsel delivered pursuant to the State of California) Section 3.07 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 it was held as described in the Opinion of Counsel delivered on the Closing Date pursuant to Section 3.07(a) hereof, or pledge was recorded at such time if no Opinion of Counsel has yet been delivered pursuant to Section 3.07(b) hereof 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 3.06 upon the Issuer's preparation thereof and delivery to the Indenture Trustee.

Appears in 1 contract

Samples: Indenture (Imh Assets Corp)

Protection of Trust Estate. (a) The Issuing Entity will, will from time to timetime 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 as made by this Indenture; (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 Indenture Trustee or Master Servicer to enforce any of the rights to the Mortgage Loans or the Sale and Servicing AgreementLoans; or (viv) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, the Swap Provider Trustee and the Noteholders in the Mortgage Loans and the other property held as part of the 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 at the Closing Date (provided that the Indenture Trustee may allow for the release date of the Indenture Trustee’s Mortgage File as provided in the Sale and Servicing Agreement and may also move its files most recent Opinion of Counsel delivered pursuant to the State of California) Section 3.06 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 it was held as described in the Opinion of Counsel delivered on the Closing Date pursuant to Section 3.06(a) hereof, or pledge was recorded at such time if no Opinion of Counsel has yet been delivered pursuant to Section 3.06(b) hereof, 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 Issuing Entity 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 3.05 upon the Issuing Entity's preparation thereof and delivery to the Indenture Trustee.

Appears in 1 contract

Samples: Indenture (Merrill Lynch Mortgage Investors Inc)

Protection of Trust Estate. (a) The Issuing Entity will, Issuer will from time to timetime 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 as made by this Indenture; (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 Issuer or Master Servicer to enforce any of the rights to the Mortgage Loans or the Sale and Servicing AgreementLoans; or (viv) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, the Swap Provider Trustee and the Noteholders in the Mortgage Loans and the other property held as part of the 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 at the Closing Date (provided that the Indenture Trustee may allow for the release date of the Indenture Trustee’s Mortgage File as provided in the Sale and Servicing Agreement and may also move its files most recent Opinion of Counsel delivered pursuant to the State of California) Section 3.07 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 it was recorded at such time held as described in the Opinion of Counsel delivered on the Closing Date pursuant to Section 3.07(a) hereof, if no Opinion of Counsel has yet been delivered pursuant to Section 3.07(b) hereof), 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 3.06 upon the Issuer’s preparation thereof and delivery to the Indenture Trustee. The Indenture Trustee shall not have any obligation to prepare, file or record any financing statements.

Appears in 1 contract

Samples: Indenture (American Home Mortgage Investment Trust 2004-3)

Protection of Trust Estate. (a) The Issuing Entity will, Issuer 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 Estate as made by this IndentureEstate; (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 Loans, the Servicing Agreement or the Sale and Servicing Mortgage Loan Contribution Agreement; or (v) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, and of the Swap Provider and 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 at the date of the most recent Opinion of Counsel delivered pursuant to Section 3.06 (or 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 (provided that the Indenture Trustee may allow for the release pursuant to Section 2.11(c), if no Opinion of the Indenture Trustee’s Mortgage File as provided in the Sale and Servicing Agreement and may also move its files Counsel has yet been delivered pursuant to the State of CaliforniaSection 3.06) 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 Agreement (Fund America Investors Corp Ii)

Protection of Trust Estate. (a) The Issuing Entity will, Issuer will from time to timetime 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 as made by this Indenture; (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 Issuer or Master Servicer to enforce any of the rights to the Mortgage Loans or the Sale and Servicing AgreementLoans; or (viv) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, the Swap Provider Trustee and the Noteholders in the Mortgage Loans and the other property held as part of the 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 at the Closing Date (provided that the Indenture Trustee may allow for the release date of the Indenture Trustee’s Mortgage File as provided in the Sale and Servicing Agreement and may also move its files most recent Opinion of Counsel delivered pursuant to the State of California) Section 3.07 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 it was recorded at such time held as described in the Opinion of Counsel delivered on the Closing Date pursuant to Section 3.07(a) hereof, if no Opinion of Counsel has yet been delivered pursuant to Section 3.07(b) hereof), 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 3.06 upon the Issuer's preparation thereof and delivery to the Indenture Trustee.

Appears in 1 contract

Samples: Indenture (American Home Mortgage Investment Trust 2004-2)

Protection of Trust Estate. (a) The Issuing Entity will, Issuer will from time to timetime 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 as made by this Indenture; (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 Issuer or Servicer to enforce any of the rights to the Mortgage Loans or the Sale and Servicing AgreementLoans; or (viv) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee[, the Swap Provider Note Insurer] and the Noteholders in the Mortgage Loans and the other property held as part of the 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 at the Closing Date (provided that the Indenture Trustee may allow for the release date of the Indenture Trustee’s Mortgage File as provided in the Sale and Servicing Agreement and may also move its files most recent Opinion of Counsel delivered pursuant to the State of California) Section 3.07 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 it was held as described in the Opinion of Counsel delivered on the Closing Date pursuant to Section 3.07(a) hereof, or pledge was recorded at such time if no Opinion of Counsel has yet been delivered pursuant to Section 3.07(b) hereof 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 3.06 upon the Issuer's preparation thereof and delivery to the Indenture Trustee.

Appears in 1 contract

Samples: Indenture (Superior Bank FSB)

Protection of Trust Estate. (a) The Issuing Entity will, Issuer shall from time to timetime prepare, execute and deliver all such supplements and amendments hereto and all such financing statements, continuation statements, statements instruments of further assurance and other instruments, and upon receipt of written notice from the Indenture Trustee continuation statements, 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 as made by this Indenture; (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 Issuer or Servicer to enforce any of the rights to the Mortgage Loans or the Sale and Servicing AgreementLoans; or (viv) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, the Swap Provider Trustee and the Noteholders in the Mortgage Loans and the other property held as part of the 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 at the Closing Date (provided that the Indenture Trustee may allow for the release date of the Indenture Trustee’s Mortgage File as provided in the Sale and Servicing Agreement and may also move its files most recent Opinion of Counsel delivered pursuant to the State of California) Section 3.07 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 it was held as described in the Opinion of Counsel delivered on the Closing Date pursuant to Section 3.07(a) hereof, or pledge was recorded at such time if no Opinion of Counsel has yet been delivered pursuant to Section 3.07(b) hereof, 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 3.06 upon the Issuer's preparation thereof and delivery to the Indenture Trustee.

Appears in 1 contract

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

Protection of Trust Estate. (a) The Issuing Entity 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 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 or the Sale and Servicing Agreement; or (v) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, the Swap Provider Noteholders and 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 at the Closing Date (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 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 REIT Trust)

Protection of Trust Estate. (a) The Issuing Entity will, Issuer will from time to timetime 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 as made by this Indenture; (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 Issuer or Master Servicer to enforce any of the rights to the Mortgage Loans or the Sale and Servicing AgreementLoans; or (viv) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, the Swap Provider Bond Insurer and the Noteholders Bondholders in the Mortgage Loans and the other property held as part of the such Trust Estate 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 is evidenced by an instrument, certificate or other writing from the jurisdiction in which it was held at the Closing Date (provided that the Indenture Trustee may allow for the release date of the Indenture Trustee’s Mortgage File as provided in the Sale and Servicing Agreement and may also move its files most recent Opinion of Counsel delivered pursuant to the State of California) Section 3.07 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 it was held as described in the Opinion of Counsel delivered on the Closing Date pursuant to Section 3.07(a) hereof, or pledge was recorded at such time if no Opinion of Counsel has yet been delivered pursuant to Section 3.07(b) hereof, 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 3.06 upon the Issuer’s preparation thereof and delivery to the Indenture Trustee.

Appears in 1 contract

Samples: Indenture (Imh Assets Corp., Collateralized Asset-Backed Bonds, Series 2005-7)

Protection of Trust Estate. (a) The Issuing Entity will, Issuer will from time to timetime 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 as made by this Indenture; (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 Issuer or Master Servicer to enforce any of the rights to the Mortgage Loans or the Sale and Servicing AgreementLoans; or (viv) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, the Swap Provider Trustee and the Noteholders Bondholders in the Mortgage Loans and the other property held as part of the 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 at the Closing Date (provided that the Indenture Trustee may allow for the release date of the Indenture Trustee’s Mortgage File as provided in the Sale and Servicing Agreement and may also move its files most recent Opinion of Counsel delivered pursuant to the State of California) Section 3.07 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 it was held as described in the Opinion of Counsel delivered on the Closing Date pursuant to Section 3.07(a) hereof, or pledge was recorded at such time if no Opinion of Counsel has yet been delivered pursuant to Section 3.07(b) hereof 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 3.06 upon the Issuer's preparation thereof and delivery to the Indenture Trustee.

Appears in 1 contract

Samples: Indenture (Imh Assets Corp)

Protection of Trust Estate. (a) The Issuing Entity will, will from time to timetime 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 as made by this Indenture; (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 Issuing Entity, the Servicer or the Master Servicer to enforce any of the rights to the Mortgage Loans or the Sale and Servicing AgreementLoans; or (viv) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, the Swap Provider Trustee and the Noteholders in the Mortgage Loans and the other property held as part of the such Trust Estate against the claims of all Persons persons and parties. (b) The Indenture Trustee Except as otherwise provided in this Indenture, the Securities Administrator 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 at the Closing Date (provided that the Indenture Trustee may allow for the release date of the Indenture Trustee’s Mortgage File as provided in the Sale and Servicing Agreement and may also move its files most recent Opinion of Counsel delivered pursuant to the State of California) Section 3.07 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 it was held as described in the Opinion of Counsel delivered on the Closing Date pursuant to Section 3.07(a) hereof, or pledge was recorded at such time if no Opinion of Counsel has yet been delivered pursuant to Section 3.07(b) hereof, unless the Indenture Trustee Securities Administrator 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 Issuing Entity hereby designates the Securities Administrator its agent and attorney-in-fact to sign any financing statement, continuation statement or other instrument required to be signed pursuant to this Section 3.06 upon the Issuing Entity's preparation thereof and delivery to the Securities Administrator.

Appears in 1 contract

Samples: Indenture (Newcastle Mortgage Securities Trust 2007-1)

Protection of Trust Estate. (a) The Issuing Entity will, Issuer will from time to timetime 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 as made by this Indenture; (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 Issuer or Master Servicer to enforce any of the rights to the Mortgage Loans Loans; or the Sale and Servicing Agreement; or (viv) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, the Swap Provider Bond Insurer and the Noteholders Bondholders in the Mortgage Loans and the other property held as part of the 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 at the Closing Date (provided that the Indenture Trustee may allow for the release date of the Indenture Trustee’s Mortgage File as provided in the Sale and Servicing Agreement and may also move its files most recent Opinion of Counsel delivered pursuant to the State of California) Section 3.07 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 it was held as described in the Opinion of Counsel delivered on the Closing Date pursuant to Section 3.07(a) hereof, or pledge was recorded at such time if no Opinion of Counsel has yet been delivered pursuant to Section 3.07(b) hereof, 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 3.06 upon the Issuer's preparation thereof and delivery to the Indenture Trustee.

Appears in 1 contract

Samples: Indenture (IMPAC CMB Trust Series 2004-10)

Protection of Trust Estate. (a) The Issuing Entity will, will from time to timetime 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 as made by this Indenture; (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 Indenture Trustee or Master Servicer to enforce any of the rights to the Mortgage Loans or the Sale and Servicing AgreementLoans; or (viv) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, the Swap Provider Trustee and the Noteholders in the Mortgage Loans and the other property held as part of the 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 at the Closing Date (provided that the Indenture Trustee may allow for the release date of the Indenture Trustee’s Mortgage File as provided in the Sale and Servicing Agreement and may also move its files most recent Opinion of Counsel delivered pursuant to the State of California) Section 3.06 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 it was held as described in the Opinion of Counsel delivered on the Closing Date pursuant to Section 3.06(a) hereof, or pledge was recorded at such time if no Opinion of Counsel has yet been delivered pursuant to Section 3.06(b) hereof, 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 Issuing Entity 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 3.05 upon the Issuing Entity’s preparation thereof and delivery to the Indenture Trustee.

Appears in 1 contract

Samples: Indenture (GSC Capital Corp. Mortgage Trust 2006-1)

Protection of Trust Estate. (a) The Issuing Entity will, Issuer will from time to timetime 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 as made by this Indenture; (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 Issuer or Master Servicer to enforce any of the rights to the Mortgage Loans or the Sale and Servicing AgreementLoans; or (viv) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, the Swap Provider Bond Insurer and the Noteholders Bondholders in the Mortgage Loans and the other property held as part of the 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 at the Closing Date (provided that the Indenture Trustee may allow for the release date of the Indenture Trustee’s Mortgage File as provided in the Sale and Servicing Agreement and may also move its files most recent Opinion of Counsel delivered pursuant to the State of California) Section 3.07 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 it was held as described in the Opinion of Counsel delivered on the Closing Date pursuant to Section 3.07(a) hereof, or pledge was recorded at such time if no Opinion of Counsel has yet been delivered pursuant to Section 3.07(b) hereof 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 3.06 upon the Issuer's preparation thereof and delivery to the Indenture Trustee.

Appears in 1 contract

Samples: Indenture (Imh Assets Corp)

Protection of Trust Estate. (a) The Issuing Entity will, Issuer will from time to timetime 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 as made by this Indenture; (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 Issuer or related Servicer to enforce any of the rights to the Mortgage Loans or the Sale and Servicing AgreementHELOC Mortgage Loans, as applicable; or (viv) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, the Swap Provider Insurer and the Noteholders in the Mortgage Loans and the other property held as part of the 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 at the Closing Date (provided that the Indenture Trustee may allow for the release date of the Indenture Trustee’s Mortgage File as provided in the Sale and Servicing Agreement and may also move its files most recent Opinion of Counsel delivered pursuant to the State of California) Section 3.11 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 it was recorded at such time held as described in the Opinion of Counsel delivered on the Closing Date pursuant to Section 3.11(a) hereof, if no Opinion of Counsel has yet been delivered pursuant to Section 3.11(b) hereof), 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 3.11 upon the Issuer’s preparation thereof and delivery to the Indenture Trustee.

Appears in 1 contract

Samples: Trust Agreement (American Home Mortgage Investment Trust 2005-4)

Protection of Trust Estate. (a) The Issuing Entity will, Issuer 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 Estate as made by this IndentureEstate; (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 Home Equity Loans, the Servicing Agreement, the Loan Sale Agreement or the Sale and Servicing Loan Transfer Agreement; or (v) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, and of the Swap Provider and the Noteholders Noteholders, in the Mortgage Home Equity 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 at the date of the most recent Opinion of Counsel delivered pursuant to Section 3.06 (or 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 (provided that the Indenture Trustee may allow for the release pursuant to Section 2.1l(c), if no Opinion of the Indenture Trustee’s Mortgage File as provided in the Sale and Servicing Agreement and may also move its files Counsel has yet been delivered pursuant to the State of CaliforniaSection 3.06) 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 (Home Equity Securitization Corp)

Protection of Trust Estate. (a) The Issuing Entity will, Issuer will from time to timetime 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 as made by this Indenture; (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 Issuer or Servicer to enforce any of the Mortgage Loans or rights to the Sale and Servicing AgreementAssets; or (viv) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, the Swap Provider Trustee and the Noteholders in the Mortgage Loans and the other property held as part of the 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 at the Closing Date (provided that the Indenture Trustee may allow for the release date of the Indenture Trustee’s Mortgage File as provided in the Sale and Servicing Agreement and may also move its files most recent Opinion of Counsel delivered pursuant to the State of California) Section 3.07 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 it was held as described in the Opinion of Counsel delivered on the Closing Date pursuant to Section 3.07(a) hereof, or pledge was recorded at such time if no Opinion of Counsel has yet been delivered pursuant to Section 3.07(b) hereof, 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 3.06 upon the Issuer's preparation thereof and delivery to the Indenture Trustee.

Appears in 1 contract

Samples: Indenture (Origen Residential Securities, Inc.)

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Protection of Trust Estate. (a) The Issuing Entity Trust 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 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 or the Sale and Servicing Agreement; or (v) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, the Swap Provider Noteholders and the Noteholders Initial Purchaser 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, and shall not permit the Collateral Agent 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 at the Closing Date (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 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 (American Business Financial Services Inc /De/)

Protection of Trust Estate. (a) The Issuing Entity will, Issuer will from time to timetime 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 as made by this Indenture; (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 Issuer or Master Servicer to enforce any of the rights to the Mortgage Loans or the Sale and Servicing AgreementLoans; or (viv) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, the Swap Provider Trustee and the Noteholders in the Mortgage Loans and the other property held as part of the 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 at the Closing Date (provided that the Indenture Trustee may allow for the release date of the Indenture Trustee’s Mortgage File as provided in the Sale and Servicing Agreement and may also move its files most recent Opinion of Counsel delivered pursuant to the State of California) Section 3.07 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 it was held as described in the Opinion of Counsel delivered on the Closing Date pursuant to Section 3.07(a) hereof, or pledge was recorded at such time if no Opinion of Counsel has yet been delivered pursuant to Section 3.07(b) hereof 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 3.06 upon the Issuer's preparation thereof and delivery to the Indenture Trustee.

Appears in 1 contract

Samples: Indenture (Impac Secured Assets CMN Trust Series 1998-1)

Protection of Trust Estate. (a) The Issuing Entity will, Issuer will from time to timetime 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 as made by this Indenture; (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 Issuer or RMBS Servicer to enforce any of the rights to the Mortgage Loans or the Sale and Servicing AgreementLoans; or (viv) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, the Swap Provider Trustee and the Noteholders in the Mortgage Loans and the other property held as part of the 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 at the Closing Date (provided that the Indenture Trustee may allow for the release date of the Indenture Trustee’s Mortgage File as provided in the Sale and Servicing Agreement and may also move its files most recent Opinion of Counsel delivered pursuant to the State of California) Section 3.12 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 it was recorded at such time held as described in the Opinion of Counsel delivered on the Closing Date pursuant to Section 3.12(a) hereof, if no Opinion of Counsel has yet been delivered pursuant to Section 3.12(b) hereof), 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 3.11 upon the Issuer’s preparation thereof and delivery to the Indenture Trustee.

Appears in 1 contract

Samples: Trust Agreement (American Home Mortgage Investment Trust 2005-4)

Protection of Trust Estate. (a) The Issuing Entity will, Issuer will from time to timetime 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 as made by this Indenture; (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 Issuer or the Servicer to enforce any of their rights with respect to the Mortgage Loans or the Sale and Servicing AgreementLoans; or (viv) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, the Swap Provider Trustee and the Noteholders in the Mortgage Loans and the other property held as part of the 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 at the Closing Date (provided that the Indenture Trustee may allow for the release date of the Indenture Trustee’s Mortgage File as provided in the Sale and Servicing Agreement and may also move its files most recent Opinion of Counsel delivered pursuant to the State of California) Section 3.09 (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 it was recorded held as described in the Opinion of Counsel delivered at such time the Closing Date pursuant to Section 3.07(a), if no Opinion of Counsel has yet been delivered pursuant to 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 3.07 upon the Issuer's preparation thereof and delivery to the Indenture Trustee.

Appears in 1 contract

Samples: Indenture (C-Bass Mortgage Loan as-BCK Nt Sal Mort Ln Tr Ser 2001-Cb4)

Protection of Trust Estate. (a) The Issuing Entity will, Issuer will from time to timetime 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 as made by this Indenture; (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 Issuer or the Servicers to enforce any of their rights with respect to the Mortgage Loans or the Sale and Servicing AgreementLoans; orand (viv) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, the Swap Provider Trustee and the Noteholders in the Mortgage Loans and the other property held as part of the 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 at the Closing Date (provided that the Indenture Trustee may allow for the release date of the Indenture Trustee’s Mortgage File as provided in the Sale and Servicing Agreement and may also move its files most recent Opinion of Counsel delivered pursuant to 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 Section 3.08 hereof, 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 3.07 upon the Issuer's preparation thereof and delivery to the Indenture Trustee.

Appears in 1 contract

Samples: Indenture (Salomon Br Mor Sec Vii Inc Series 1998-11)

Protection of Trust Estate. (a) The Issuing Entity will, Issuer will from time to timetime 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 as made by this Indenture; (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 Issuer or the Indenture Trustee to enforce any of the rights to the Mortgage Loans or the Sale and Servicing AgreementLoans; or (viv) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, the Swap Provider Trustee and the Noteholders in the Mortgage Loans and the other property held as part of the 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 at the Closing Date (provided that the Indenture Trustee may allow for the release date of the Indenture Trustee’s Mortgage File as provided in the Sale and Servicing Agreement and may also move its files most recent Opinion of Counsel delivered pursuant to the State of California) Section 3.07 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 it was held as described in the Opinion of Counsel delivered on the Closing Date pursuant to Section 3.07(a) hereof, or pledge was recorded at such time if no Opinion of Counsel has yet been delivered pursuant to Section 3.07(b) hereof, 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 3.06 upon the Issuer's preparation thereof and delivery to the Indenture Trustee.

Appears in 1 contract

Samples: Indenture (Structured Asset Mort Inv Inc Mort Back NTS Ser 2003-1)

Protection of Trust Estate. (a) The Issuing Entity Trust 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 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 or the Sale and Servicing Agreement; or (v) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, the Swap Provider Noteholders and 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 at the Closing Date (provided that the Indenture Trustee may allow for the release of the Indenture Trustee’s 's Mortgage File as provided in the Sale and Servicing Agreement and may also move its files to the State of CaliforniaAgreement) 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 Home Lenders Inc)

Protection of Trust Estate. (a) The Issuing Entity will, will from time to timetime 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 as made by this Indenture; (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 Issuing Entity or the Indenture Trustee to enforce any of the rights to the Mortgage Loans or the Sale and Servicing AgreementLoans; or (viv) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, the Swap Provider Trustee and the Noteholders in the Mortgage Loans and the other property held as part of the 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 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 at the Closing Date (provided that the Indenture Trustee may allow for the release date of the Indenture Trustee’s Mortgage File as provided in the Sale and Servicing Agreement and may also move its files most recent Opinion of Counsel delivered pursuant to the State of California) Section 3.05 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 it was recorded at such time held as described in the Opinion of Counsel delivered on the Closing Date pursuant to Section 3.05(a) hereof, if no Opinion of Counsel has yet been delivered pursuant to Section 3.05(b) hereof), 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 Issuing Entity 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 Issuing Entity’s preparation thereof and delivery to the Indenture Trustee.

Appears in 1 contract

Samples: Indenture (Bear Stearns ARM Trust 2006-1)

Protection of Trust Estate. (a) The Issuing Entity 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 Estate as made by this Indenture; (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 Issuing Entity to enforce any of the Mortgage Loans or the Sale and Servicing AgreementLoans; or (viv) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, the Swap Provider Trustee and the Noteholders Bondholders in the Mortgage Loans and the other property held as part of the 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 at the Closing Date (provided that the Indenture Trustee may allow for the release date of the Indenture Trustee’s Mortgage File as provided in the Sale and Servicing Agreement and may also move its files most recent Opinion of Counsel delivered pursuant to the State of California) Section 3.07 (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 it was recorded held as described in the Opinion of Counsel delivered at such time the Closing Date pursuant to Section 3.07(a), if no Opinion of Counsel has yet been delivered pursuant to 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 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 3.06.

Appears in 1 contract

Samples: Indenture (Imh Assets Corp)

Protection of Trust Estate. (a) The Issuing Entity will, Issuer will from time to timetime 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 as made by this Indenture; (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 Issuer or the Indenture Trustee to enforce any of the rights to the Mortgage Loans or the Sale and Servicing AgreementLoans; or (viv) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, the Swap Provider Trustee and the Noteholders in the Mortgage Loans and the other property held as part of the Trust Estate against the claims of all Persons persons and parties. (bl) 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 at the Closing Date (provided that the Indenture Trustee may allow for the release date of the Indenture Trustee’s Mortgage File as provided in the Sale and Servicing Agreement and may also move its files most recent Opinion of Counsel delivered pursuant to the State of California) Section 3.07 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 it was held as described in the Opinion of Counsel delivered on the Closing Date pursuant to Section 3.07(a) hereof, or pledge was recorded at such time if no Opinion of Counsel has yet been delivered pursuant to Section 3.07(b) hereof, 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 3.06 upon the Issuer's preparation thereof and delivery to the Indenture Trustee with appropriate instructions.

Appears in 1 contract

Samples: Indenture (MORTGAGEIT TRUST 2005-2, Mortgage-Backed Notes, Series 2005-2)

Protection of Trust Estate. (a) The Issuing Entity Trust 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 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 or the Sale and Servicing Agreement; or (v) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, the Swap Provider Noteholder and 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, and shall not permit the Collateral Agent 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 at the Closing Date (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 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 (American Business Financial Services Inc /De/)

Protection of Trust Estate. (a) The Issuing Entity 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 Estate as made by this Indenture; (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 Gxxxx made or to be made by this Indenture; (iviii) cause the Issuing Entity to enforce any of the Mortgage Loans or the Sale and Servicing AgreementLoans; or (viv) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, the Swap Provider Trustee and the Noteholders in the Mortgage Loans and the other property held as part of the 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 at the Closing Date (provided that the Indenture Trustee may allow for the release date of the Indenture Trustee’s Mortgage File as provided in the Sale and Servicing Agreement and may also move its files most recent Opinion of Counsel delivered pursuant to the State of California) Section 3.07 (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 it was recorded held as described in the Opinion of Counsel delivered at such time the Closing Date pursuant to Section 3.07(a), if no Opinion of Counsel has yet been delivered pursuant to 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 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 3.06.

Appears in 1 contract

Samples: Indenture (Opteum Mortgage Acceptance CORP)

Protection of Trust Estate. (a) The Issuing Entity will, Issuer will from time to timetime 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 as made by this Indenture; (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 Issuer or Master Servicer to enforce any of the rights to the Mortgage Loans or the Sale and Servicing AgreementLoans; or (viv) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, the Swap Provider Bond Insurer and the Noteholders Bondholders in the Mortgage Loans and the other property held as part of the 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 at the Closing Date (provided that the Indenture Trustee may allow for the release date of the Indenture Trustee’s Mortgage File as provided in the Sale and Servicing Agreement and may also move its files most recent Opinion of Counsel delivered pursuant to the State of California) Section 3.07 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 it was held as described in the Opinion of Counsel delivered on the Closing Date pursuant to Section 3.07(a) hereof, or pledge was recorded at such time if no Opinion of Counsel has yet been delivered pursuant to Section 3.07(b) hereof 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 3.06 upon the Issuer's preparation thereof and delivery to the Indenture Trustee. The Indenture Trustee shall not be responsible for determining the enforceability, effectiveness or suitability of any such document or instrument and the Indenture Trustee shall incur no liability or responsibility in respect of any such matters.

Appears in 1 contract

Samples: Indenture (Imh Assets Corp Collateralized Asset Backed Bonds Ser 2000 1)

Protection of Trust Estate. (a) The Issuing Entity will, Issuer 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 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 as made by this Indenture;Estate, (ii) maintain or preserve the lien of this Indenture or carry out more effectively the purposes hereof;, (iii) perfect, publish notice of of, or protect the validity of of, any Grant made or to be made by this Indenture;, (iv) enforce any of the Mortgage Loans or the Sale and Servicing Agreement; orAsset Documents, (v) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, the Swap Provider Trustee and of the Noteholders in the Mortgage Loans Asset Documents and the other property held as part of the Trust Estate against the claims of all Persons persons and parties, or (vi) pay all taxes or assessments levied or assessed upon the Trust Estate when due. The Issuer hereby designates the Indenture Trustee its agent and attorney-in-fact to file any financing statement or continuation statement and execute and/or file any other instrument required pursuant to this Section 3.05; provided, however, that such designation shall not be deemed to create a duty in the Indenture Trustee to monitor the compliance of the Issuer with the foregoing covenants and provided, further, that the duty of the Indenture Trustee to execute any instrument required pursuant to this Section 3.05 shall arise only if the Indenture Trustee has knowledge of any failure of the Issuer to comply with provisions of this Section 3.05. The Issuer shall execute a power of attorney coupled with an interest which shall be irrevocable, and the Issuer hereby ratifies and confirms all that the Indenture Trustee may do by virtue thereof. (b) The Except as otherwise provided herein and in the Servicing Agreements, 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 at the Closing Date (provided that the Indenture Trustee may allow for the release date of the Indenture Trustee’s Mortgage File as provided in the Sale and Servicing Agreement and may also move its files most recent Opinion of Independent Counsel delivered pursuant to the State of California) Section 3.06 (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 it was recorded held as described in the Opinion of Counsel delivered at such time the Closing Date pursuant to Section 2.12(l), if no Opinion of Independent Counsel has yet been delivered pursuant to Section 3.06) unless the Indenture Trustee shall have first received an Opinion of Independent 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 (Mid State Capital Corp)

Protection of Trust Estate. (a) The Issuing Entity will, Issuer will from time to timetime 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 as made by this Indenture; (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 Issuer or Servicer to enforce any of the rights to the Mortgage Loans or the Sale and Servicing AgreementLoans; or (viv) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, the Swap Provider Trustee and the Noteholders in the Mortgage Loans and the other property held as part of the 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 at the Closing Date (provided that the Indenture Trustee may allow for the release date of the Indenture Trustee’s Mortgage File as provided in the Sale and Servicing Agreement and may also move its files most recent Opinion of Counsel delivered pursuant to the State of California) Section 3.07 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 it was held as described in the Opinion of Counsel delivered on the Closing Date pursuant to Section 3.07(a) hereof, or pledge was recorded at such time if no Opinion of Counsel has yet been delivered pursuant to Section 3.07(b) hereof, 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 3.06 upon the Issuer’s preparation thereof and delivery to the Indenture Trustee.

Appears in 1 contract

Samples: Indenture (New Century Alternative Mortgage Loan Trust 2006-Alt1)

Protection of Trust Estate. (a) The Issuing Entity willIssuer shall, 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, 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 as made by this Indenture; (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 Issuer or the Indenture Trustee to enforce any of the rights to the Mortgage Loans or the Sale and Servicing AgreementLoans; or (viv) preserve and defend title to the Trust Estate and the rights of the Indenture Trustee, the Swap Provider Trustee and the Noteholders in the Mortgage Loans and the other property held as part of the 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 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 at the Closing Date (provided that the Indenture Trustee may allow for the release date of the Indenture Trustee’s Mortgage File as provided in the Sale and Servicing Agreement and may also move its files most recent Opinion of Counsel delivered pursuant to the State of California) Section 3.07 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 it was held as described in the Opinion of Counsel delivered on the Closing Date pursuant to Section 3.07(a) hereof, or pledge was recorded at such time if no Opinion of Counsel has yet been delivered pursuant to Section 3.07(b) hereof, unless the Indenture Trustee shall have first received an Opinion of Counsel Counsel, which shall be at the expense of the Indenture Trustee, to the effect that the lien and security interest created by this Indenture with respect to such property will shall 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 3.06 upon the Issuer’s preparation thereof and delivery to the Indenture Trustee with appropriate instructions.

Appears in 1 contract

Samples: Indenture (Peoples Choice Home Loan Securities Trust Series 2005-4)

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