Establishment of the Trust. The Depositor does hereby establish, pursuant to the further provisions of this Agreement and the laws of the State of New York, an express trust to be known, for convenience, as “Deutsche Alt-A Securities, Mortgage Loan Trust, Series 2006-AR2” and does hereby appoint HSBC Bank USA, National Association as Trustee in accordance with the provisions of this Agreement.
Establishment of the Trust. 10 SECTION 2.1 Name ...................................................................................10 SECTION 2.2 Office of the Delaware Trustee; Principal Place of Business.............................11 SECTION 2.3 Initial Contribution of Trust Property; Organizational Expenses.........................11 SECTION 2.4 Issuance of the Preferred Securities....................................................11 SECTION 2.5 Issuance of the Common Securities; Subscription and Purchase of Debentures..............12 SECTION 2.6 Declaration of Trust....................................................................12 SECTION 2.7 Authorization to Enter into Certain Transactions........................................13 SECTION 2.8
Establishment of the Trust. The parties hereto do hereby create and establish, pursuant to the laws of the State of New York and this Agreement, the Trust, which, for convenience, shall be known as "Advanta Mortgage Loan Trust 1997-2". Each Mortgage Loan Group shall constitute a sub-trust of the Trust.
Establishment of the Trust. (a) The Trust is intended to be a Grantor Trust, of which the Company is the Grantor, within the meaning of subpart E, part I, subchapter J, chapter 1, subtitle A of the Internal Revenue Code of 1986, as amended, and shall be construed accordingly.
Establishment of the Trust. The Depositor does hereby establish, pursuant to the further provisions of this Agreement and the laws of the State of New York, an express trust to be known, for convenience, as "Banc of America Funding 2006-6 Trust" and does hereby appoint U.S. Bank National Association as Trustee in accordance with the provisions of this Agreement.
Establishment of the Trust. The Sponsor and the Delaware Trustee hereby establish a trust (the "Trust") pursuant to the Trust Statute, to be known as Nelnet Student Loan Trust 2004-4. Simultaneously with the execution hereof, the Sponsor shall make a contribution to the Trust as the Sponsor's initial contribution, as described more fully in Exhibit A hereto, and thereafter may transfer and assign the property described in the granting clauses of the Indenture to the Trust under the terms of the Student Loan Purchase Agreements and other assignment agreements by and between the Sponsor, as seller or assignor, and the Trust, as purchaser or assignee, and may assume certain obligations under and in accordance with the Transaction Documents. Upon the making of such contribution, the Delaware Trustee shall record the amount thereof on the books of the Trust and the investment of the Sponsor therein. It is the intention of the parties hereto that the Trust shall constitute a statutory trust under the Trust Statute, that this Trust Agreement shall constitute the governing instrument of such Trust and that the Certificateholders shall hold all of the beneficial interests in the Trust. The rights of the Certificateholders shall be determined herein and the relationship between the parties hereto created by this Trust Agreement shall not constitute indebtedness for any purpose. Subject to Section 2.08 hereof, it is the intention of the parties hereto that, solely for purposes of federal income taxes, state and local income and franchise taxes, and any other taxes imposed on, measured by or based upon gross or net income, (i) if there is only one Certificateholder, the Trust shall be treated as a disregarded entity separate from its owner pursuant to ss. 301.7701-2(c)(2) of the Treasury Regulations and (ii) if there is more than one Certificateholder, the Trust shall be treated as a partnership, and that the provisions of this Trust Agreement shall be construed in accordance with such intent. The parties hereto agree to take no action inconsistent with such treatment, unless required otherwise by applicable law. The Delaware Trustee is hereby authorized to file the certificate required under Section 3810 et seq. of the Trust Statute in connection with the formation of the Trust under the Trust Statute.
Establishment of the Trust. Section 201. Name. The Trust continued hereby shall be known as "Wintrust Capital Trust I," as such name may be modified from time to time by the Administrative Trustees following written notice to the Holders of Trust Securities and the other Trustees, in which name the Trustees may engage in the transactions contemplated hereby, make and execute contracts and other instruments on behalf of the Trust and xxx and be sued. Section 202. Office of the Delaware Trustee; Principal Place of Business. The address of the Delaware Trustee in the State of Delaware is c/o Wilmington Trust Company, Xxxxxx Square North, 0000 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000-0000, Attn: Corporate Trust Administration, or such other address in the State of Delaware as the Delaware Trustee may designate by written notice to the Securityholders and the Depositor. The principal executive office of the Trust is c/o Wintrust Financial Corporation, 000 Xxxxx Xxxx Xxxx, Xxxx Xxxxxx, Xxxxxxxx 00000.
Establishment of the Trust. 10 Section 2.01 NAME.............................................................................................. 10 Section 2.02 OFFICES OF THE TRUSTEES; PRINCIPAL PLACE OF BUSINESS.............................................. 10 Section 2.03 INITIAL CONTRIBUTION OF TRUST PROPERTY; ORGANIZATIONAL EXPENSES................................... 10 Section 2.04 ISSUANCE OF THE TRUST PREFERRED SECURITIES........................................................ 11 Section 2.05 SUBSCRIPTION AND PURCHASE OF SUBORDINATED DEBENTURES; ISSUANCE OF THE TRUST COMMON SECURITIES..... 11
Establishment of the Trust. The parties hereto do hereby create and establish, pursuant to the laws of the State of New York and this Agreement, the Trust, which, for convenience, shall be known as "Centex Home Equity Loan Trust 2001-C" and which shall contain two subtrusts.
Establishment of the Trust. SECTION 201.