Common use of Trustee Not Liable for Certificates or Home Equity Loans Clause in Contracts

Trustee Not Liable for Certificates or Home Equity Loans. The recitals contained herein and in the Certificates shall be taken as the statements of the Servicer, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to the validity or sufficiency of this Agreement or of the Certificates (other than the signature of the Trustee on the Certificates) or of any Home Equity Loan or related document. The Trustee shall not be accountable for the use or application by the Servicer 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application of any funds paid to the Depositor or the Servicer in respect of the Home Equity Loans or deposited in or withdrawn from the Collection Account by the Servicer. The Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Mortgage or any Home Equity Loan, or the perfection and priority of any Mortgage or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Trust or its ability to generate the payments to be distributed to Certificateholders under this Agreement, including, without limitation: the existence, condition and ownership of any Mortgaged Property; the existence and enforceability of any hazard insurance thereon (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.02); the existence and contents of any Home Equity Loan on any computer or other record thereof (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.02); the validity of the assignment of any Home Equity Loan to the Trustee, on behalf of the Trust, or of any intervening assignment; the completeness of any Home Equity Loan; the performance or enforcement of any Home Equity Loan (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.02); the compliance by the Depositor or the Servicer with any warranty or representation made under this Agreement or in any related document or the accuracy of any such warranty or representation prior to the Trustee’s receipt of notice or other discovery of any non-compliance therewith or any breach thereof; any investment of monies by or at the direction of the Servicer or any loss resulting therefrom, it being understood that the Trustee shall remain responsible for any Trust property that it may hold in its individual capacity; the acts or omissions of the Depositor, the Servicer (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.02), any Subservicer (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.02 and shall engage such Subservicer as its subservicer) or any Mortgagor; any action of the Servicer (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.02), or any Subservicer (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.02 and shall engage such Subservicer as its subservicer) taken in the name of the Trustee; or any action by the Trustee taken at the instruction of the Servicer in accordance with the terms of this Agreement (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.02); provided, however, that the foregoing shall not relieve the Trustee of its obligation to perform its duties under this Agreement. The Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder (unless the Trustee shall have become the successor Servicer) or to prepare or file any SEC filing for the Trust or to record this Agreement.

Trustee Not Liable for Certificates or Home Equity Loans. The recitals contained herein and in the Certificates (other than the authentication of the Trustee on the Certificates) shall be taken as the statements of the Master Servicer, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations 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 Home Equity Loan or related document. The Trustee shall not be accountable for the use or application by the Master Servicer 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 Home Equity Loans or deposited in or withdrawn from the Collection Account by the Master Servicer. The Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Mortgage or any Home Equity Loan, or the perfection and priority of any Mortgage or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Trust or its ability to generate the payments to be distributed to Certificateholders under this Agreement, including, without limitation: the existence, condition and ownership of any Mortgaged Property; the existence and enforceability of any hazard insurance thereon (other than if the Trustee shall assume the duties of the Master Servicer pursuant to Section 7.028.02); the existence and contents of any Home Equity Loan on any computer or other record thereof (other than if the Trustee shall assume the duties of the Master Servicer pursuant to Section 7.028.02); the validity of the assignment of any Home Equity Loan to the Trustee, on behalf of the Trust, Trust or of any intervening assignment; the completeness of any Home Equity Loan; the performance or enforcement of any Home Equity Loan (other than if the Trustee shall assume the duties of the Master Servicer pursuant to Section 7.028.02); the compliance by the Depositor or the Master Servicer with any warranty or representation made under this Agreement or in any related document or the accuracy of any such warranty or representation prior to the Trustee’s 's receipt of notice or other discovery of any non-compliance therewith or any breach thereof; any investment of monies by or at the direction of the Master Servicer or any loss resulting therefrom, it being understood that the Trustee shall remain responsible for any Trust property that it may hold in its individual capacity; the acts or omissions of the Depositor, the Master Servicer (other than if the Trustee shall assume the duties of the Master Servicer pursuant to Section 7.028.02), any Subservicer (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.02 and shall engage such Subservicer as its subservicer) or any Mortgagor; any action of the Servicer (other than if the Trustee shall assume the duties of the Master Servicer pursuant to Section 7.02), 8.02 and shall engage such Servicer as its subservicer) or any Subservicer Mortgagor; any action of the Master Servicer (other than if the Trustee shall assume the duties of the Master Servicer pursuant to Section 7.02 8.02), or any Servicer (other than if the Trustee shall assume the duties of the Master Servicer pursuant to Section 8.02 and shall engage such Subservicer Servicer as its subservicer) taken in the name of the Trustee; or any action by the Trustee taken at the instruction of the Master Servicer in accordance with the terms of this Agreement (other than if the Trustee shall assume the duties of the Master Servicer pursuant to Section 7.028.02); provided, however, that the foregoing shall not relieve the Trustee of its obligation to perform its duties under this Agreement. The Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder (unless the Trustee shall have become the successor Master Servicer) or to prepare or file any SEC Securities and Exchange Commission filing for the Trust or to record this Agreement.

Trustee Not Liable for Certificates or Home Equity Loans. The recitals contained herein and in the Certificates (other than the authentication of the Trustee on the Certificates) shall be taken as the statements of the Servicer, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations 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 Home Equity Loan or related document. The Trustee shall not be accountable for the use or application by the Servicer 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 Servicer in respect of the Home Equity Loans or deposited in or withdrawn from the Collection Account by the Servicer. The Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Mortgage or any Home Equity Loan, or the perfection and priority of any Mortgage or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Trust or its ability to generate the payments to be distributed to Certificateholders under this Agreement, including, without limitation: the existence, condition and ownership of any Mortgaged Property; the existence and enforceability of any hazard insurance thereon (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.028.02); the existence and contents of any Home Equity Loan on any computer or other record thereof (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.028.02); the validity of the assignment of any Home Equity Loan to the Trustee, on behalf of the Trust, Trust or of any intervening assignment; the completeness of any Home Equity Loan; the performance or enforcement of any Home Equity Loan (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.028.02); the compliance by the Depositor or the Servicer with any warranty or representation made under this Agreement or in any related document or the accuracy of any such warranty or representation prior to the Trustee’s receipt of notice or other discovery of any non-compliance therewith or any breach thereof; any investment of monies by or at the direction of the Servicer or any loss resulting therefrom, it being understood that the Trustee shall remain responsible for any Trust property that it may hold in its individual capacity; the acts or omissions of the Depositor, the Servicer (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.028.02), any Subservicer (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.02 8.02 and shall engage such Subservicer as its subservicer) or any Mortgagor; any action of the Servicer (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.028.02), or any Subservicer (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.02 8.02 and shall engage such Subservicer as its subservicer) taken in the name of the Trustee; or any action by the Trustee taken at the instruction of the Servicer in accordance with the terms of this Agreement (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.028.02); provided, however, that the foregoing shall not relieve the Trustee of its obligation to perform its duties under this Agreement. The Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder (unless the Trustee shall have become the successor Servicer) or to prepare or file any SEC Securities and Exchange Commission filing for the Trust or to record this Agreement.

Trustee Not Liable for Certificates or Home Equity Loans. The recitals contained herein and in the Certificates (other than the signature and countersignature of the Trustee on the Certificates) shall be taken as the statements of the Master Servicer, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to the validity or sufficiency of this Agreement or of the Certificates (other than the signature and countersignature of the Trustee on the Certificates) or of any Home Equity Loan or related document. The Trustee shall not be accountable for the use or application by the Master Servicer 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 Master Servicer or the Servicer any Originator in respect of the Home Equity Loans or deposited in or withdrawn from the Collection Account Certificate Accounts by the Master Servicer. The Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Mortgage or any Home Equity Loan, or the perfection and priority of any Mortgage or the maintenance of any such perfection and or priority, or for or with respect to the sufficiency of the Trust Fund or its ability to generate the payments to be distributed to Certificateholders under this Agreement, including, without limitation: , the existence, condition and ownership of any Mortgaged Property; the existence and enforceability of any hazard insurance thereon (other than if the Trustee shall assume the duties of the Master Servicer pursuant to Section 7.028.02); the existence and contents content of any Home Equity Loan on any computer or other record thereof (other than if the Trustee shall assume the duties of the Master Servicer pursuant to Section 7.028.02); the validity of the assignment of any Home Equity Loan to the Trustee, on behalf of the Trust, Trust Fund or of any intervening assignment; the completeness of any Home Equity Loan; the performance or enforcement of any Home Equity Loan (other than if the Trustee shall assume the duties of the Master Servicer pursuant to Section 7.028.02); the compliance by the Depositor or the Master Servicer with any warranty or representation made under this Agreement or in any related document or the accuracy of any such warranty or representation prior to the Trustee’s 's receipt of notice or other discovery of any non-compliance therewith or any breach thereof; any investment of monies by or at the direction of the Master Servicer or any loss resulting therefrom, it being understood that the Trustee shall remain responsible for any Trust Fund property that it may hold in its individual capacity; the acts or omissions of the Depositor, the Master Servicer (other than if the Trustee shall assume the duties of the Master Servicer pursuant to Section 7.028.02), any Subservicer (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.02 and shall engage such Subservicer as its subservicer) or any Mortgagor; any action of the Master Servicer (other than if the Trustee shall assume the duties of the master Servicer pursuant to Section 7.028.02), any Subservicer, or any Subservicer (other than if the Trustee shall assume the duties custodian of the Servicer pursuant to Section 7.02 and shall engage such Subservicer as its subservicer) Mortgage Files taken in the name of the Trustee; the failure of the Master Servicer, any Subservicer, or any custodian of the Mortgage Files to act or perform any duties required of it as agent of the Trustee hereunder; or any action by the Trustee taken at the instruction of the Master Servicer in accordance with the terms of this Agreement (other than if the Trustee shall assume the duties of the Master Servicer pursuant to Section 7.028.02); provided, however, that the foregoing shall not relieve the Trustee of its obligation to perform its duties under this AgreementAgreement or from any liability for its failure to so perform. The Trustee shall not be liable or accountable for the acts, omissions, misconduct or negligence of any Originator acting in its capacity as custodian of any Mortgage Files hereunder. The Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or otherwise to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder (unless the Trustee shall have become the successor Master Servicer) or to prepare or file any SEC Securities and Exchange Commission filing for the Trust Fund or to record this Agreement.

Trustee Not Liable for Certificates or Home Equity Loans. The recitals contained herein and in the Certificates shall be taken as the statements of the Servicer, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations as to the validity or sufficiency of this Agreement or of the Certificates (other than the signature of the Trustee on the Certificates) or of any Home Equity Loan or related document. The Trustee shall not be accountable for the use or application by the Servicer 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 Servicer in respect of the Home Equity Loans or deposited in or withdrawn from the Collection Account by the Servicer. The Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Mortgage or any Home Equity Loan, or the perfection and priority of any Mortgage or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Trust or its ability to generate the payments to be distributed to Certificateholders under this Agreement, including, without limitation: the existence, condition and ownership of any Mortgaged Property; the existence and enforceability of any hazard insurance thereon (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.02); the existence and contents of any Home Equity Loan on any computer or other record thereof (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.02); the validity of the assignment of any Home Equity Loan to the Trustee, on behalf of the Trust, Trust or of any intervening assignment; the completeness of any Home Equity Loan; the performance or enforcement of any Home Equity Loan (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.02); the compliance by the Depositor or the Servicer with any warranty or representation made under this Agreement or in any related document or the accuracy of any such warranty or representation prior to the Trustee’s receipt of notice or other discovery of any non-compliance therewith or any breach thereof; any investment of monies by or at the direction of the Servicer or any loss resulting therefrom, it being understood that the Trustee shall remain responsible for any Trust property that it may hold in its individual capacity; the acts or omissions of the Depositor, the Servicer (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.02), any Subservicer (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.02 and shall engage such Subservicer as its subservicer) or any Mortgagor; any action of the Servicer (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.02), or any Subservicer (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.02 and shall engage such Subservicer as its subservicer) taken in the name of the Trustee; or any action by the Trustee taken at the instruction of the Servicer in accordance with the terms of this Agreement (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.02); provided, however, that the foregoing shall not relieve the Trustee of its obligation to perform its duties under this Agreement. The Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder (unless the Trustee shall have become the successor Servicer) or to prepare or file any SEC filing for the Trust or to record this Agreement.

Trustee Not Liable for Certificates or Home Equity Loans. The recitals contained herein and in the Certificates (other than the authentication of the Trustee on the Certificates) shall be taken as the statements of the ServicerSeller, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations 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 Home Equity Loan or related document. The Trustee shall not be accountable for the use or application by the Master Servicer 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 Home Equity Loans or deposited in or withdrawn from the Collection Account by the Master Servicer. The Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Mortgage or any Home Equity Loan, or the perfection and priority of any Mortgage or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Trust or its ability to generate the payments to be distributed to Certificateholders under this Agreement, including, without limitation: the existence, condition and ownership of any Mortgaged Property; the existence and enforceability of any hazard insurance thereon (other than if the Trustee shall assume the duties of the Master Servicer pursuant to Section 7.02); the existence and contents of any Home Equity Loan on any computer or other record thereof (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.028.02); the validity of the assignment of any Home Equity Loan to the Trustee, on behalf of the Trust, Trustee or of any intervening assignment; the completeness of any Home Equity Loan; the performance or enforcement of any Home Equity Loan (other than if the Trustee shall assume the duties of the Master Servicer pursuant to Section 7.028.02); the compliance by the Depositor Seller, the Master Servicer, the Representative or the Servicer any Originator with any warranty or representation made under this Agreement or in any related document or the accuracy of any such warranty or representation prior to the Trustee’s 's receipt of notice or other discovery of any non-compliance therewith or any breach thereof; any investment of monies by or at the direction of the Master Servicer or any loss resulting therefrom, it being understood that the Trustee shall remain responsible for any Trust property that it may hold in its individual capacity; the acts or omissions of the Depositor, the Servicer (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.02), any Subservicer (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.02 and shall engage such Subservicer as its subservicer) or any Mortgagor; any action of the Servicer (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.02), or any Subservicer (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.02 and shall engage such Subservicer as its subservicer) taken in the name of the Trustee; or any action by the Trustee taken at the instruction of the Servicer in accordance with the terms of this Agreement (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.02); provided, however, that the foregoing shall not relieve the Trustee of its obligation to perform its duties under this Agreement. The Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder (unless the Trustee shall have become the successor Servicer) or to prepare or file any SEC filing for the Trust or to record this Agreement.;

Trustee Not Liable for Certificates or Home Equity Loans. The recitals contained herein and in the Certificates (other than the authentication of the Trustee on the Certificates) shall be taken as the statements of the ServicerSeller and the Depositor, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations 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 Home Equity Loan or related document. The Trustee shall not be accountable for the use or application by the Master Servicer 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 Home Equity Loans or deposited in or withdrawn from the Collection Account by the Master Servicer. The Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Mortgage or any Home Equity Loan, or the perfection and priority of any Mortgage or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Trust or its ability to generate the payments to be distributed to Certificateholders under this Agreement, including, without limitation: the existence, condition and ownership of any Mortgaged Property; the existence and enforceability of any hazard insurance thereon (other than the Trustee acting as Master Servicer if the Trustee shall assume the duties of the Master Servicer pursuant to Section 7.02); the existence and contents of any Home Equity Loan on any computer or other record thereof (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.028.02); the validity of the assignment of any Home Equity Loan to the Trustee, on behalf of the Trust, Trustee or of any intervening assignment; the completeness of any Home Equity Loan; the performance or enforcement of any Home Equity Loan (other than the Trustee acting as Master Servicer if the Trustee shall assume the duties of the Master Servicer pursuant to Section 7.028.02); the compliance by the Depositor Depositor, the Seller or the Master Servicer with any warranty or representation made under this Agreement or in any related document or the accuracy of any such warranty or representation prior to the Trustee’s 's receipt of notice or other discovery of any non-compliance therewith or any breach thereof; any investment of monies by or at the direction of the Master Servicer or any loss resulting therefrom, it being understood that the Trustee shall remain responsible for any Trust property that it may hold in its individual capacity; the acts or omissions of any of the DepositorMaster Servicer (other than the Trustee as Master Servicer if the Trustee shall assume the duties of the Master Servicer pursuant to Section 8.02), any Master Servicer or any Mortgagor; any action of the Master Servicer (other than if the Trustee shall assume the duties of the Master Servicer pursuant to Section 7.028.02), or any Subservicer (other than if Master Servicer taken in the name of the Trustee; the failure of the Master Servicer or any Master Servicer to act or perform any duties required of it as a third-party independent contractor of the Trustee shall assume hereunder; or any action by the duties Trustee taken at the instruction of the Servicer pursuant to Section 7.02 and shall engage such Subservicer as its subservicer) or any Mortgagor; any action of the Master Servicer (other than if the Trustee shall assume the duties of the Master Servicer pursuant to Section 7.02), or any Subservicer (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.02 and shall engage such Subservicer as its subservicer) taken in the name of the Trustee; or any action by the Trustee taken at the instruction of the Servicer in accordance with the terms of this Agreement (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.028.02); provided, however, that the foregoing shall not relieve the Trustee of its obligation to perform its duties under this Agreement, including, without limitation, the Trustee's duty to review the Mortgage File pursuant to Section 2.01. The Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder (unless the Trustee shall have become the successor Master Servicer) or to prepare or file any SEC filing for the Trust or to record this Agreement).

Trustee Not Liable for Certificates or Home Equity Loans. The -------------------------------------------------------- recitals contained herein and in the Certificates (other than the authentication of the Trustee on the Certificates) shall be taken as the statements of the ServicerSeller, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations 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 Home Equity Loan or related document. The Trustee shall not be accountable for the use or application by the Servicer of any of the Certificates or of the proceeds of such CertificatesServicer, or for the use or application of any funds paid to the Depositor or the Servicer in respect of the Home Equity Loans or deposited in or withdrawn from the Collection Account by the Servicer. The Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Mortgage or any Home Equity Loan, or the perfection and priority of any Mortgage or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Trust or its ability to generate the payments to be distributed to Certificateholders under this Agreement, including, without limitation: the existence, condition and ownership of any Mortgaged Property; the existence and enforceability of any hazard insurance thereon (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.02); the existence and contents of any Home Equity Loan on any computer or other record thereof (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.028.02); the validity of the assignment of any Home Equity Loan to the Trustee, on behalf of the Trust, Trustee or of any intervening assignment; the completeness of any Home Equity Loan; the performance or enforcement of any Home Equity Loan (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.028.02); the compliance by the Depositor Depositor, the Seller or the Servicer with any warranty or representation made under this Agreement or in any related document or the accuracy of any such warranty or representation prior to the Trustee’s 's receipt of notice or other discovery of any non-compliance therewith or any breach thereof; any investment of monies by or at the direction of the Servicer Certificate Administrator or any loss resulting therefrom, it being understood that the Trustee shall remain responsible for any Trust property that it may hold in its individual capacity; the acts or omissions of the Depositor, any of the Servicer (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.028.02), any Subservicer (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.02 and shall engage such Subservicer as its subservicer) or any Mortgagor; any action of the Servicer (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.028.02), or any Subservicer taken in the name of the Trustee; the failure of the Servicer or any Subservicer to act or perform any duties required of it as agent of the Trustee hereunder; or any action by the Trustee taken at the instruction of the Servicer (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.02 and shall engage such Subservicer as its subservicer) taken in the name of the Trustee; or any action by the Trustee taken at the instruction of the Servicer in accordance with the terms of this Agreement (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.028.02); provided, however, that -------- ------- the foregoing shall not relieve the Trustee of its obligation to perform its duties under this Agreement, including, without limitation, the Trustee's duty to review the Mortgage Files pursuant to Section 2.01(f). The Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder (unless the Trustee shall have become the successor Servicer) or to prepare or file any SEC filing for the Trust or to record this Agreement).

Trustee Not Liable for Certificates or Home Equity Loans. The recitals contained herein and in the Certificates (other than the authentication of the Trustee on the Certificates) shall be taken as the statements of the Master Servicer, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations 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 Home Equity Loan or related document. The Trustee shall not be accountable for the use or application by the Master Servicer 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 Home Equity Loans or deposited in or withdrawn from the Collection Account by the Master Servicer. The Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Mortgage or any Home Equity Loan, or the perfection and priority of any Mortgage or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Trust or its ability to generate the payments to be distributed to Certificateholders under this Agreement, including, without limitation: the existence, condition and ownership of any Mortgaged Property; the existence and enforceability of any hazard insurance thereon (other than if the Trustee shall assume the duties of the Master Servicer pursuant to Section 7.028.02); the existence and contents of any Home Equity Loan on any computer or other record thereof (other than if the Trustee shall assume the duties of the Master Servicer pursuant to Section 7.028.02); the validity of the assignment of any Home Equity Loan to the Trustee, on behalf of the Trust, Trust or of any intervening assignment; the completeness of any Home Equity Loan; the performance or enforcement of any Home Equity Loan (other than if the Trustee shall assume the duties of the Master Servicer pursuant to Section 7.028.02); the compliance by the Depositor or the Master Servicer with any warranty or representation made under this Agreement or in any related document or the accuracy of any such warranty or representation prior to the Trustee’s 's receipt of notice or other discovery of any non-compliance therewith or any breach thereof; any investment of monies by or at the direction of the Master Servicer or any loss resulting therefrom, it being understood that the Trustee shall remain responsible for any Trust property that it may hold in its individual capacity; the acts or omissions of the Depositor, the Master Servicer (other than if the Trustee shall assume the duties of the Master Servicer pursuant to Section 7.028.02), any Subservicer (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.02 and shall engage such Subservicer as its subservicer) or any Mortgagor; any action of the Servicer (other than if the Trustee shall assume the duties of the Master Servicer pursuant to Section 7.02), 8.02 and shall engage such Servicer as its subservicer) or any Subservicer Mortgagor; any action of the Master Servicer (other than if the Trustee shall assume the duties of the Master Servicer pursuant to Section 7.02 8.02), or any Servicer (other than if the Trustee shall assume the duties of the Master Servicer pursuant to Section 8.02 and shall engage such Subservicer Servicer as its subservicer) taken in the name of the Trustee; or any action by the Trustee taken at the instruction of the Master Servicer in accordance with the terms of this Agreement (other than if the Trustee shall assume the duties of the Master Servicer pursuant to Section 7.028.02); providedPROVIDED, howeverHOWEVER, that the foregoing shall not relieve the Trustee of its obligation to perform its duties under this Agreement. The Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder (unless the Trustee shall have become the successor Master Servicer) or to prepare or file any SEC Securities and Exchange Commission filing for the Trust or to record this Agreement.

Trustee Not Liable for Certificates or Home Equity Loans. The recitals contained herein and in the Certificates (other than the authentication of the Trustee on the Certificates) shall be taken as the statements of the Master Servicer, and the Trustee assumes no responsibility for the correctness of the same. The Trustee makes no representations 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 Home Equity Loan or related document. The Trustee shall not be accountable for the use or application by the Master Servicer 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 Home Equity Loans or deposited in or withdrawn from the Collection Account by the Master Servicer. The Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Mortgage or any Home Equity Loan, or the perfection and priority of any Mortgage or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Trust or its ability to generate the payments to be distributed to Certificateholders under this Agreement, including, without limitation: the existence, condition and ownership of any Mortgaged Property; the existence and enforceability of any hazard insurance thereon (other than if the Trustee shall assume the duties of the Master Servicer pursuant to Section 7.028.02); the existence and contents of any Home Equity Loan on any computer or other record thereof (other than if the Trustee shall assume the duties of the Master Servicer pursuant to Section 7.028.02); the validity of the assignment of any Home Equity Loan to the Trustee, on behalf of the Trust, Trust or of any intervening assignment; the completeness of any Home Equity Loan; the performance or enforcement of any Home Equity Loan (other than if the Trustee shall assume the duties of the Master Servicer pursuant to Section 7.028.02); the compliance by the Depositor or the Master Servicer with any warranty or representation made under this Agreement or in any related document or the accuracy of any such warranty or representation prior to the Trustee’s 's receipt of notice or other discovery of any non-compliance therewith or any breach thereof; any investment of monies by or at the direction of the Master Servicer or any loss resulting therefrom, it being understood that the Trustee shall remain responsible for any Trust property that it may hold in its individual capacity; the acts or omissions of the Depositor, the Master Servicer (other than if the Trustee shall assume the duties of the Master Servicer pursuant to Section 7.028.02), any Subservicer (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.02 and shall engage such Subservicer as its subservicer) or any Mortgagor; any action of the Servicer (other than if the Trustee shall assume the duties of the Master Servicer pursuant to Section 7.02), 8.02 65 71 and shall engage such Servicer as its subservicer) or any Subservicer Mortgagor; any action of the Master Servicer (other than if the Trustee shall assume the duties of the Master Servicer pursuant to Section 7.02 8.02), or any Servicer (other than if the Trustee shall assume the duties of the Master Servicer pursuant to Section 8.02 and shall engage such Subservicer Servicer as its subservicer) taken in the name of the Trustee; or any action by the Trustee taken at the instruction of the Master Servicer in accordance with the terms of this Agreement (other than if the Trustee shall assume the duties of the Master Servicer pursuant to Section 7.028.02); provided, however, that the foregoing shall not relieve the Trustee of its obligation to perform its duties under this Agreement. The Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder (unless the Trustee shall have become the successor Master Servicer) or to prepare or file any SEC Securities and Exchange Commission filing for the Trust or to record this Agreement.

Trustee Not Liable for Certificates or Home Equity Loans. The -------------------------------------------------------- recitals contained herein and in the Certificates (other than the signature and countersignature of the Trustee on the Certificates and its representations and warranties in Section 9.13) shall be taken as the statements of the Seller or the Master Servicer, as the case may be, and the Trustee assumes no responsibility for the correctness of the samethereof. The Trustee makes no representations as to the validity or sufficiency of this Agreement or of the Certificates (other than the signature and countersignature of the Trustee on the Certificates) ), or of any Home Equity Loan or related document. The Trustee shall not be accountable for the use or application by the Servicer 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 Servicer in respect of the Home Equity Loans or deposited in or withdrawn from the Collection Account by the Servicer. The Trustee shall at no time have any responsibility or liability for or with respect to the legality, validity and enforceability of any Mortgage or any Home Equity Loan, or the perfection and priority of any Mortgage or the maintenance of any such perfection and priority, or for or with respect to the sufficiency of the Trust Fund or its ability to generate the payments to be distributed to Certificateholders under this Agreement, including, without limitation: , the existence, condition and ownership of any Mortgaged Property; . The Trustee shall not be accountable for the existence and enforceability use or application by the Seller of any hazard insurance thereon (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.02); Certificates or of the existence and contents proceeds of such Certificates or for the use or application of any Home Equity Loan on any computer or other record thereof (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.02); the validity of the assignment of any Home Equity Loan funds paid to the Trustee, on behalf of the Trust, or of any intervening assignment; the completeness of any Home Equity Loan; the performance or enforcement of any Home Equity Loan (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.02); the compliance by the Depositor or the Servicer with any warranty or representation made under this Agreement or in any related document or the accuracy of any such warranty or representation prior to the Trustee’s receipt of notice or other discovery of any non-compliance therewith or any breach thereof; any investment of monies by or at the direction of the Servicer or any loss resulting therefrom, it being understood that the Trustee shall remain responsible for any Trust property that it may hold in its individual capacity; the acts or omissions of the Depositor, the Master Servicer (other than if the Trustee shall assume the duties of the Master Servicer pursuant to Section 7.02), any Subservicer (other than if the Trustee shall assume the duties 8.2) in respect of the Servicer pursuant to Section 7.02 and shall engage such Subservicer as its subservicer) Home Equity Loans or any Mortgagor; any action of deposited in or withdrawn from the Servicer (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.02), or any Subservicer (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.02 and shall engage such Subservicer as its subservicer) taken in the name of the Trustee; or any action Collection Account by the Trustee taken at the instruction of the Servicer in accordance with the terms of this Agreement (other than if the Trustee shall assume the duties of the Servicer pursuant to Section 7.02); provided, however, that the foregoing shall not relieve the Trustee of its obligation to perform its duties under this AgreementMaster Servicer. The Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder (unless the Trustee shall have become the successor Servicer) or to prepare or file any SEC Securities and Exchange Commission filing for the Trust or to record this Agreement.