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 Trustee, the authentication of the Trustee on the Certificates, the acknowledgments of the Trustee contained in Article II and the representations and warranties of the Trustee in Section 8.12) shall be taken as the statements of the 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 (other than as specifically set forth in Section 8.12) or of the Certificates (other than the signature of the Trustee and authentication of the Trustee on the Certificates) or of any Mortgage Loan or related document. The Trustee shall not be accountable for the use or application by the 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of any funds paid to the Depositor or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from the Master Servicer Collection Account by the Master Servicer, other than any funds held by or on behalf of the Trustee in accordance with Section 3.23 and 3.24.
Appears in 6 contracts
Samples: Pooling and Servicing Agreement (Ace Securities Corp Home Equity Loan Trust 2002- He1), Pooling and Servicing Agreement (Ace Securities Corp), Pooling and Servicing Agreement (Ace Securities Corp Home Equity Loan Trust Series 2002-He2)
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 TrusteeSecurities Administrator, the authentication of the Trustee Securities Administrator on the Certificates, the acknowledgments of the Trustee contained in Article II and the representations and warranties of the Trustee in Section 8.129.12) shall be taken as the statements of the 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 (other than as specifically set forth in Section 8.129.12) or of the Certificates (other than the signature of the Trustee Securities Administrator and authentication of the Trustee Securities Administrator on the Certificates) or of any Mortgage Loan or related document. The Trustee and the Securities Administrator shall not be accountable for the use or application by the 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 Depositor or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from the Master Servicer Collection Account by the Master Servicer, other than with respect to the Securities Administrator any funds held by it or on behalf of the Trustee in accordance with Section 3.23 and 3.24.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Sg Mortgage Securities Trust 2006-Fre2), Pooling and Servicing Agreement (Ace Securities Corp Home Equity Loan Trust Series 2004-Op1)
Trustee and Securities. Administrator not Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the signature of the TrusteeSecurities Administrator, the authentication of the Trustee Securities Administrator on the Certificates, the acknowledgments of the Trustee Securities Administrator contained in Article II and the representations and warranties of the Trustee in Section 8.12II) shall be taken as the statements of the 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 (other than as specifically set forth in Section 8.12) or of the Certificates (other than the signature of the Trustee and authentication of the Trustee Securities Administrator on the Certificates) or of any Mortgage Loan or related document, or of MERS or the MERS® System. The Neither the Trustee nor the Securities Administrator shall not be accountable for the use or application by the 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 Depositor or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from the Master Servicer Collection Custodial Account by the Master Servicer, other than any funds held by or on behalf of the Trustee in accordance with Section 3.23 and 3.24.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Opteum Mortgage Acceptance CORP Trust 2006-2)
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 TrusteeSecurities Administrator, the authentication of the Trustee Securities Administrator on the Certificates, the acknowledgments of the Trustee contained in Article II and the representations and warranties of the Trustee in Section 8.129.12) shall be taken as the statements of the 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 (other than as specifically set forth in Section 8.129.12) or of the Certificates (other than the signature of the Trustee Securities Administrator and authentication of the Trustee Securities Administrator on the Certificates) or of any Mortgage Loan or related document. The Trustee and the Securities Administrator shall not be accountable for the use or application by the 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 Depositor or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from the Master Servicer any Collection Account by the Master related Servicer, other than with respect to the Securities Administrator any funds held by it or on behalf of the Trustee in accordance with Section 3.23 and 3.24.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ace Securities Corp Home Equity Loan Trust Series 2004 He1)
Trustee and Securities. Administrator not Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the signature of the TrusteeSecurities Administrator, the authentication of the Trustee Securities Administrator on the Certificates, the acknowledgments of the Trustee Securities Administrator contained in Article II and the representations and warranties of the Trustee in Section 8.12II) shall be taken as the statements of the 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 (other than as specifically set forth in Section 8.12) or of the Certificates (other than the signature of the Trustee and authentication of the Trustee on the Certificates) or of any Mortgage Loan or related document, or of MERS or the MERS® System. The Neither the Trustee nor the Securities Administrator shall not be accountable for the use or application by the 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 Depositor or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from the Master Servicer Collection Custodial Account by the Master Servicer, other than any funds held by or on behalf of the Trustee in accordance with Section 3.23 and 3.24.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Opteum Mortgage Acceptance CORP Trust 2006-1)
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 TrusteeSecurities Administrator, the authentication of the Trustee Securities Administrator on the Certificates, the acknowledgments of the Trustee contained in Article II and the representations and warranties of the Trustee in Section 8.129.12) shall be taken as the statements of the 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 (other than as specifically set forth in Section 8.129.12) or of the Certificates (other than the signature of the Trustee Securities Administrator and authentication of the Trustee Securities Administrator on the Certificates) or of any Mortgage Loan or related document. The Trustee and the Securities Administrator shall not be accountable for the use or application by the 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 Depositor or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from the Master Servicer Collection Account by the Master Servicer, other than with respect to the Securities Administrator any funds held by or on behalf of the Trustee in accordance with Section 3.23 and 3.24.. -152-
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ace Securities Corp Home Equity Loan Trust Series 2004 Fm1)
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 TrusteeSecurities Administrator, the authentication of the Trustee Securities Administrator on the Certificates, the acknowledgments of the Trustee contained in Article II and the representations and warranties of the Trustee in Section 8.129.12) shall be taken as the statements of the Depositor 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 (other than as specifically set forth in Section 8.129.12) or of the Certificates (other than the signature of the Trustee Securities Administrator and authentication of the Trustee Securities Administrator on the Certificates) or of any Mortgage Loan or related document. The Trustee and the Securities Administrator shall not be accountable for the use or application by the Depositor 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 Depositor Company or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from the Master Servicer Collection Account by the Master Servicer, other than with respect to the Securities Administrator any funds held by or on behalf of the Trustee in accordance with Section 3.23 and 3.24.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Peoples Choice Home Loan Securities Trust Series 2004-1)
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 TrusteeSecurities Administrator, the authentication of the Trustee Securities Administrator on the Certificates, the acknowledgments of the Trustee contained in Article II and the representations and warranties of the Trustee in Section 8.129.12) shall be taken as the statements of the 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 (other than as specifically set forth in Section 8.129.12) or of the Certificates (other than the signature of the Trustee Securities Administrator and authentication of the Trustee Securities Administrator on the Certificates) or of any Mortgage Loan or related document. The Trustee and the Securities Administrator shall not be accountable for the use or application by the 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 Depositor or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from the Master Servicer Collection Account by the Master Servicer, other than with respect to the Securities Administrator any funds held by or on behalf of the Trustee in accordance with Section 3.23 and 3.24.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Home Equity Loan Trust Series 2004-Hs1)