Duties of Trustee. (a) The Trustee, prior to the occurrence of an Event of Default and after the curing or waiver of all Events of Default which may have occurred, undertakes to perform such duties and only such duties as are specifically set forth in this Agreement. In case an Event of Default has occurred (which has not been cured or waived), the Trustee shall exercise such of the rights and powers vested in it by this Agreement, and use the same degree of care and skill in their exercise as a prudent investor would exercise or use under the circumstances in the conduct of such investor's own affairs.
Appears in 372 contracts
Samples: Pooling and Servicing Agreement (RFMSI Series 2007-Sa4 Trust), Pooling and Servicing Agreement (RFMSI Series 2007-S2 Trust), Pooling and Servicing Agreement (RFMSI Series 2006-S2 Trust)
Duties of Trustee. (a) The Trustee, prior to the occurrence of an Event of Default and after the curing or waiver of all Events of Default which may have occurred, undertakes to perform such duties and only such duties as are specifically set forth in this Agreement. In case an Event of Default has occurred (which has not been cured or waived), the Trustee shall exercise such of the rights and powers vested in it by this Agreement, and use the same degree of care and skill in their exercise as a prudent investor would exercise or use under the circumstances in the conduct of such investor's own affairs.
Appears in 170 contracts
Samples: Pooling and Servicing Agreement (RAMP Series 2006-Efc2 Trust), Pooling and Servicing Agreement (RAMP Series 2006-Rz4 Trust), Pooling and Servicing Agreement (RAMP Series 2006-Rz5 Trust)
Duties of Trustee. (a) The Trustee, prior to the occurrence of an Event of Default with respect to the Notes and after the curing or waiver waiving of all Events of Default which may have occurred, undertakes to perform such duties and only such duties as are specifically set forth in this AgreementIndenture. In case If an Event of Default has occurred (which has not been cured or waived)and is continuing, the Trustee shall exercise such of the rights and powers vested in it by this Agreement, Indenture and use the same degree of care and skill in their exercise as a prudent investor person would exercise or use under the circumstances in the conduct of such investor's person’s own affairs.
Appears in 83 contracts
Samples: Supplemental Indenture (TheRealReal, Inc.), Supplemental Indenture (Talos Energy Inc.), Supplemental Indenture (Talos Energy Inc.)
Duties of Trustee. (a) The Trustee, prior to the occurrence of an Event of Default and after the curing or waiver of all Events of Default which may have occurred, undertakes to perform such duties and only such duties as are specifically set forth in this Agreement. In case an Event of Default has occurred (which has not been cured or waived), ) the Trustee shall exercise such of the rights and powers vested in it by this Agreement, and use the same degree of care and skill in their its exercise as a prudent investor person would exercise or use under the circumstances in the conduct of such investorperson's own affairs.
Appears in 46 contracts
Samples: Pooling and Servicing Agreement (Washington Mutual MSC Mortgage Pass Thro Cert Ser 2001-Ms14), Pooling and Servicing Agreement (PNC Mortgage Securities Corp Mort Pass Thro Cert Ser 2000-9), Pooling and Servicing Agreement (PNC Mortgage Securities Corp)
Duties of Trustee. (a) The Trustee, prior to the occurrence of an Event of Default and after the curing or waiver of all Events of Default which may have occurred, undertakes to perform such duties and only such duties as are specifically set forth in this Agreement. In case If an Event of Default has occurred (which and has not been cured or waived), the Trustee shall exercise such of the rights and powers vested in it by this Agreement, and use the same degree of care and skill in their its exercise as a prudent investor person would exercise or use under the circumstances in the conduct of such investorperson's own affairs.
Appears in 12 contracts
Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp), Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp), Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp)
Duties of Trustee. (a) The Trustee, prior to the occurrence of an Event of Default and after the curing or waiver of all Events of Default which may have occurred, undertakes to perform such duties and only such duties as are specifically set forth in this Agreement. In case If an Event of Default has occurred (which and has not been cured or waived), the Trustee shall exercise such of the rights and powers power vested in it by this Agreement, and use the same degree of care and skill in their its exercise as a prudent investor person would exercise or use under the circumstances in the conduct of such investorperson's own affairs.
Appears in 10 contracts
Samples: Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp), Pooling and Servicing Agreement (Prudential Securities Secured Financing Corp), Pooling and Servicing Agreement (Residential Asset Funding Corp)
Duties of Trustee. (a) The Trustee, prior to the occurrence of an Event of Default and after the curing or waiver of all Events of Default which may have occurred, undertakes to perform such duties and only such duties as are specifically set forth in this Agreement. In case an Event of Default has occurred (which has not been cured or waived), the Trustee shall exercise such of the rights and powers vested in it by this Agreement, and use the same degree of care and skill in their exercise as a prudent investor would exercise or use under the circumstances in the conduct of such investor's ’s own affairs.
Appears in 9 contracts
Samples: Pooling and Servicing Agreement (Phoenix Residential Securities, LLC), Custodial Agreement (Phoenix Residential Securities, LLC), Pooling and Servicing Agreement (Phoenix Residential Securities, LLC)
Duties of Trustee. (a) The Trustee, prior to the occurrence of an Event of Default and after the curing or waiver of all Events of Default which may have occurred, undertakes to perform such duties and only such duties as are specifically set forth in this Agreement. In case an Event of Default has occurred (which has not been cured or waived), the Trustee shall exercise such of the rights and powers vested in it by this Agreement, and use the same degree of care and skill in their exercise as a prudent investor would exercise or use under the circumstances in the conduct of such investor's ’s own affairs.
Appears in 8 contracts
Samples: Trust Agreement (Residential Accredit Loans Inc), Pooling and Servicing Agreement (RASC Series 2005-Ks5 Trust), Pooling and Servicing Agreement (SG Mortgage Securities, LLC)
Duties of Trustee. (ab) The Trustee, prior to the occurrence of an Event of Default and after the curing or waiver of all Events of Default which may have occurred, undertakes to perform such duties and only such duties as are specifically set forth in this Agreement. In case an Event of Default has occurred (which has not been cured or waived), the Trustee shall exercise such of the rights and powers vested in it by this Agreement, and use the same degree of care and skill in their exercise as a prudent investor would exercise or use under the circumstances in the conduct of such investor's own affairs.
Appears in 6 contracts
Samples: Custodial Agreement (Residential Asset Mortgage Products Inc), Custodial Agreement (Residential Asset Mortgage Products Inc), Pooling and Servicing Agreement (Residential Asset Mortgage Products Inc)
Duties of Trustee. (a) The Trustee, prior to the occurrence of an Event of Default and after the curing or waiver of all Events of Default which may have occurred, undertakes to perform such duties and only such duties as are specifically set forth in this Agreement. In case an Event of Default has occurred (which has not been cured or waived), the Trustee shall exercise such of the rights and powers vested in it by this Agreement, and use the same degree of care and skill in their exercise as a reasonably prudent investor would exercise or use under the circumstances in the conduct of such investor's own affairs.
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (Ba Mortgage Securities Mortgage Pass Through Cert Ser 1997 1), Pooling and Servicing Agreement (Ba Mortgage Securities Inc Mort Pass THR Cert Series 1998-1), Pooling and Servicing Agreement (Bankamerica Mortgage Securities Inc)
Duties of Trustee. (a) The Trustee, prior to the occurrence of an Event of Default and after the curing or waiver of all Events of Default which may have occurred, undertakes to perform such duties and only such duties as are specifically set forth in this Agreement. In case an Event of Default has occurred (which has not been cured or waived), the Trustee shall exercise such of the rights and powers vested in it by this Agreement, and use the same degree of care and skill in their exercise as a prudent investor would exercise or use under the circumstances in the conduct of such investor's own affairs, unless the Trustee is acting as Master Servicer pursuant to Section 7.02, in which case it shall use the same degree of care and skill as is required of the Master Servicer under this Agreement.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (WMC Secured Assets Corp WMC Mort Pass THR Cert Ser 1999-A), Pooling and Servicing Agreement (WMC Secured Assets Corp WMC Mort Pass THR Cert Ser 2000-A)
Duties of Trustee. (a) .......The Trustee, prior to the occurrence of an Event of Default and after the curing or waiver of all Events of Default which may have occurred, undertakes to perform such duties and only such duties as are specifically set forth in this Agreement. In case an Event of Default has occurred (which has not been cured or waived), the Trustee shall exercise such of the rights and powers vested in it by this Agreement, and use the same degree of care and skill in their exercise as a prudent investor would exercise or use under the circumstances in the conduct of such investor's own affairs.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Residential Asset Mortgage Products Inc)
Duties of Trustee. (a) The Trustee, prior to the occurrence of an Event of Default and after the curing or waiver of all Events of Default which may have occurred, undertakes to perform such duties and only such duties as are specifically set forth in this Agreement. In case an Event of Default has occurred (which has not been cured or waived), the Trustee shall exercise such of the rights and powers vested in it by this Agreement, and use the same degree of care and skill in their exercise as a prudent investor would exercise or use under the circumstances in the conduct of such investor's own affairs.. 130
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Residential Asset Securities Corp)
Duties of Trustee. (a) The Trustee, prior to the occurrence of an Event of Default with respect to the Securities and after the curing or waiver waiving of all Events of Default which may have occurred, undertakes to perform such duties and only such duties as are specifically set forth in this AgreementIndenture. In case If an Event of Default has occurred (which has not been cured or waived)and is continuing, the Trustee shall exercise such of the rights and powers vested in it by this Agreement, Indenture and use the same degree of care and skill in their exercise as a prudent investor person would exercise or use under the circumstances in the conduct of such investor's their own affairs.
Appears in 1 contract
Samples: Mercantile Bank Corp
Duties of Trustee. (a) The Trustee, prior to the occurrence of an Event of Default and after the curing or waiver of all Events of Default which may have occurred, undertakes to perform such duties and only such duties as are specifically set forth in this Agreement. In case an Event of Default has occurred (which has not been cured or waived), the Trustee shall exercise such of the rights and powers vested in it by this Agreement, and use the same degree of care and skill in their exercise as a 124 prudent investor would exercise or use under the circumstances in the conduct of such investor's own affairs.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (RAMP Series 2006-Rs3 Trust)
Duties of Trustee. (a) The Trustee, prior to the occurrence of an Event of Default and after the curing or waiver of all Events of Default which may have occurred, undertakes to perform such duties and only such duties as are specifically set forth in this Agreement. In case an Event of Default has occurred (which has not been cured or waived), the Trustee shall exercise such of the rights and powers vested in it by this Agreement, and use the same degree of care and skill in their exercise as a prudent investor would exercise or use under the circumstances in the conduct of such investor's own affairs.. 122
Appears in 1 contract
Duties of Trustee. (a) The Trustee, prior to the occurrence of an Event of Default and after the curing or waiver of all Events of Default ` which may have occurred, undertakes to perform such duties and only such duties as are specifically set forth in this Agreement. In case an Event of Default has occurred (which has not been cured or waived), the Trustee shall exercise such of the rights and powers vested in it by this Agreement, and use the same degree of care and skill in their exercise as a prudent investor would exercise or use under the circumstances in the conduct of such investor's own affairs.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (RAMP Series 2005-Rs6 Trust)
Duties of Trustee. (a) The Trustee, prior to the occurrence of an Event of Default and after the curing or waiver of all Events of Default which may have occurred, undertakes to perform such duties and only such duties as are specifically set forth in this Agreement. In case an Event of Default has occurred (which has not been 91 cured or waived), the Trustee shall exercise such of the rights and powers vested in it by this Agreement, and use the same degree of care and skill in their exercise as a prudent investor would exercise or use under the circumstances in the conduct of such investor's own affairs.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Residential Asset Securities Corp)