Trustee and Securities Administrator Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the signature of the Securities Administrator, the authentication of the Securities Administrator on the Certificates, the acknowledgments of the Securities Administrator contained in Article II) shall be taken as the statements of the Company and neither the Trustee nor the Securities Administrator assumes any responsibility for their correctness. Neither the Trustee nor the Securities Administrator makes any representations or warranties as to the validity or sufficiency of this Agreement or of the Certificates (other than the signature and authentication of the Trustee on the Certificates) or of any Mortgage Loan or related document, or of MERS or the MERS(R) System. Neither the Trustee nor the Securities Administrator shall be accountable for the use or application by the Company of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Company or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from the Custodial Account by the Master Servicer.
Appears in 8 contracts
Samples: Pooling and Servicing Agreement (Homestar Mortgage Accep Corp Asst Back Certs Ser 2004-2.), Pooling and Servicing Agreement (Homestar Mortgage Acceptance Corp Asset Backed Pass-Through Certificates, Series 2004-5), Pooling and Servicing Agreement (Opteum Mortgage Acceptance Corp Asset Backed Pass-Through Certificates, 2005-2)
Trustee and Securities Administrator Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the signature of the Securities Administrator, the authentication of the Securities Administrator on the Certificates, the acknowledgments of the Securities Administrator contained in Article II) shall be taken as the statements of the Company Depositor and neither the Trustee nor the Securities Administrator assumes any responsibility for their correctness. Neither the Trustee nor the Securities Administrator makes any representations or warranties as to the validity or sufficiency of this Agreement or of the Certificates (other than with respect to the Securities Administrator, the signature and authentication of the Trustee Securities Administrator on the Certificates) or of any Mortgage Loan or related document, or of MERS or the MERS(R) MERS® System. Neither the Trustee nor the Securities Administrator shall be accountable for the use or application by the Company Depositor of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Company Depositor or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from the Custodial Distribution Account by the Master Servicer.
Appears in 6 contracts
Samples: Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2006-5), Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2007-1), Pooling and Servicing Agreement (TBW Mortgage-Backed Trust Series 2006-5)
Trustee and Securities Administrator Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the signature of the Securities Administrator, the authentication of the Securities Administrator on the Certificates, the acknowledgments of the Securities Administrator contained in Article II) shall be taken as the statements of the Company and neither the Trustee nor the Securities Administrator assumes any responsibility for their correctness. Neither the Trustee nor the Securities Administrator makes any representations or warranties as to the validity or sufficiency of this Agreement or of the Certificates (other than with respect to the Securities Administrator, the signature and authentication of the Trustee Securities Administrator on the Certificates) or of any Mortgage Loan or related document, or of MERS or the MERS(R) MERS® System. Neither the Trustee nor the Securities Administrator shall be accountable for the use or application by the Company of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Company or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from the Custodial Distribution Account by the Master Servicer.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2006-2), Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2005-2), Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2005-1)
Trustee and Securities Administrator Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the signature of the Securities Administrator, the authentication of the Securities Administrator on the Certificates, the acknowledgments of the Trustee and the Securities Administrator contained in Article II) shall be taken as the statements of the Company and neither the Trustee nor and the Securities Administrator assumes any no responsibility for their correctness. Neither the The Trustee nor and the Securities Administrator makes any no representations or warranties as to the validity or sufficiency of this Agreement or of the Certificates (other than the signature and authentication of the Trustee Securities Administrator on the Certificates) or of any Mortgage Loan or related document, or of MERS or the MERS(R) System. Neither the Trustee nor the Securities Administrator shall be accountable for the use or application by the Company of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Company or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from the Custodial Account by the Master Servicer.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Impac Secured Assets Corp)
Trustee and Securities Administrator Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the signature of the Securities Administrator, the authentication of the Securities Administrator on the Certificates, the acknowledgments of the Securities Administrator contained in Article II) shall be taken as the statements of the Company Depositor and neither the Trustee nor the Securities Administrator assumes any responsibility for their correctness. Neither the Trustee nor the Securities Administrator makes any representations or warranties as to the validity or sufficiency of this Agreement Agreement, the Derivative Contracts or of the Certificates (other than with respect to the Securities Administrator, the signature and authentication of the Trustee Securities Administrator on the Certificates) or of any Mortgage Loan or related document, or of MERS or the MERS(R) MERS® System. Neither the Trustee nor the Securities Administrator shall be accountable for the use or application by the Company Depositor of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Company Depositor or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from the Custodial Distribution Account by the Master Servicer.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2007-3)
Trustee and Securities Administrator Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the signature of the Securities Administrator, the authentication of the Securities Administrator on the Certificates, the acknowledgments of the Securities Administrator contained in Article II) shall be taken as the statements of the Company Depositor and neither the Trustee nor the Securities Administrator assumes any responsibility for their correctness. Neither the Trustee nor the Securities Administrator makes any representations or warranties as to the validity or sufficiency of this Agreement Agreement, the Interest Rate Swap Agreements, the Underlying Interests or of the Certificates (other than with respect to the Securities Administrator, the signature and authentication of the Trustee Securities Administrator on the Certificates) or of any Mortgage Loan or related document, or of MERS or the MERS(R) MERS® System. Neither the Trustee nor the Securities Administrator shall be accountable for the use or application by the Company Depositor of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Company Depositor or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from the Custodial Distribution Account by the Master Servicer.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2007-2)
Trustee and Securities Administrator Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the signature of the Securities Administrator, the authentication of the Securities Administrator on the Certificates, the acknowledgments of the Securities Administrator contained in Article II) shall be taken as the statements of the Company Depositor and neither the Trustee nor the Securities Administrator assumes any responsibility for their correctness. Neither the Trustee nor the Securities Administrator makes any representations or warranties as to the validity or sufficiency of this Agreement, the Swap Agreement, the Corridor Agreement, the Cap Agreement or of the Certificates (other than with respect to the Securities Administrator, the signature and authentication of the Trustee Securities Administrator on the Certificates) or of any Mortgage Loan or related document, or of MERS or the MERS(R) MERS® System. Neither the Trustee nor the Securities Administrator shall be accountable for the use or application by the Company Depositor of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Company Depositor or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from the Custodial Distribution Account by the Master Servicer.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2007-4)