Common use of Reliance of Custodian Clause in Contracts

Reliance of Custodian. The Custodian may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon any request, instructions, certificate, opinion or other document furnished to the Custodian, reasonably believed by the Custodian to be genuine and to have been signed or presented by the proper party or parties and conforming to the requirements of this Agreement; but in the case of any loan document or other request, instruction, document or certificate which by any provision hereof is specifically required to be furnished to the Custodian, the Custodian shall be under a duty to examine the same to determine, subject to the limitations on the Custodian’s obligations set forth herein, whether or not it conforms to the requirements of this Agreement.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Soundview Home Loan Trust 2006-Opt4), Pooling and Servicing Agreement (Soundview Home Loan Trust 2006-Opt3), Pooling and Servicing Agreement (Soundview Home Loan Trust 2006-Opt2)

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Reliance of Custodian. The Custodian may conclusively --------------------- rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon any request, instructions, certificate, opinion or other document furnished to the Custodian, reasonably believed believe by the Custodian to be genuine and to have been signed or presented by the proper party or parties and conforming to the requirements of this Agreement; but in the any case of any loan document or other request, instruction, document or certificate which by any provision hereof is specifically required to be furnished to the Custodian, the Custodian shall be under a duty to examine the same to determine, subject to the limitations on the Custodian’s obligations set forth herein, determine whether or not it conforms to the requirements of this Agreement.

Appears in 1 contract

Samples: Tri Party Custodial Agreement (Franchise Mortgage Acceptance Co)

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Reliance of Custodian. The Custodian may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon any request, instructionsinstruction, certificate, opinion or other document furnished to the Custodian, reasonably believed by the Custodian to be genuine and to have been signed or presented by the proper party or parties and conforming to the requirements of this Custodian Agreement; but in the case of any loan document Collateral Document or other request, instruction, document or certificate which by any provision hereof is specifically required to be furnished to the Custodian, the Custodian shall be under a duty to examine the same to determine, subject to the limitations on the Custodian’s obligations set forth herein, whether or not it conforms to in accordance with the requirements of this Custodian Agreement.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Cityscape Financial Corp)

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