Common use of Acceptance of Trusts and Duties Clause in Contracts

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Trust Agreement. The Owner Trustee and the Certificate Paying Agent also agree to disburse all moneys actually received by it constituting part of the Owner Trust Estate upon the terms of the Basic Documents and this Trust Agreement. The Owner Trustee shall not be answerable or accountable hereunder or under any Basic Document under any circumstances, except (i) for its own willful misconduct, negligence or bad faith or negligent failure to act or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 6.03 expressly made by the Owner Trustee. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):

Appears in 78 contracts

Samples: Trust Agreement (Home Equity Loan Trust 2007-Hsa3), Trust Agreement (Home Equity Loan Trust 2007-Hsa1), Trust Agreement (Ab Mortgage Securities Corp)

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Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts trusts, but only upon the terms of this Trust Agreement. The Owner Trustee and the Certificate Paying Agent also agree to disburse all moneys actually received by it constituting part of the Owner Trust Estate upon the terms of the Basic Documents and this Trust AgreementAgreement and the other Basic Documents. The Owner Trustee shall not be answerable or accountable hereunder or under any Basic Document under any circumstances, except (i) for its own willful misconduct, negligence or bad faith or negligent failure to act or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 6.03 expressly made by the Owner Trustee. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):

Appears in 46 contracts

Samples: Trust Agreement (BellaVista Finance CORP), Trust Agreement (Phoenix Residential Securities, LLC), Trust Agreement (GMACM Home Equity Loan Trust 2006-He1)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby xxxxxx created and agrees to perform its express duties hereunder with respect to such trusts trusts, but only upon the terms of this Trust AgreementAgreement and the other Basic Documents. The Owner Trustee and the Certificate Paying Agent also agree agrees to disburse all moneys actually received by it constituting part of the Owner Trust Estate Assets upon the terms of this Agreement and the other Basic Documents and this Trust AgreementDocuments. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misconductmisfeasance, bad faith, fraud or negligence or bad faith or negligent failure to act or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 6.03 7.03 expressly made by the Owner TrusteeTrustee in its individual capacity. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):limitation:

Appears in 42 contracts

Samples: Trust Agreement, Trust Agreement, Trust Agreement

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its express duties hereunder with respect to such trusts trusts, but only upon the terms of this Trust AgreementAgreement and the other Basic Documents. The Owner Trustee and the Certificate Paying Agent also agree agrees to disburse all moneys actually received by it constituting part of the Owner Trust Estate Assets upon the terms of this Agreement and the other Basic Documents and this Trust AgreementDocuments. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misconductmisfeasance, bad faith, fraud or negligence or bad faith or negligent failure to act or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 6.03 7.03 expressly made by the Owner TrusteeTrustee in its individual capacity. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):limitation:

Appears in 34 contracts

Samples: Trust Agreement, Trust Agreement, Trust Agreement

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Trust Agreement. The Owner Trustee and the Certificate Paying Agent also agree agrees to disburse all moneys monies actually received by it constituting part of the Owner Trust Estate upon the terms of the Basic Documents and this Trust Agreementto which the Issuing Entity or the Owner Trustee is a party. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misconduct, negligence or bad faith or negligent failure to act negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 6.03 expressly 7.03 made by the Owner Trustee. In particular, but not by way of limitation (limitation, and subject to the exceptions set forth in the preceding sentence)::

Appears in 28 contracts

Samples: Trust Agreement (Nissan Auto Leasing LLC Ii), Trust Agreement (Nissan Auto Lease Trust 2010-B), Trust Agreement (Nissan Auto Lease Trust 2010-B)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Trust Agreement. The Owner Trustee and the Certificate Paying Agent also agree agrees to disburse all moneys monies actually received by it constituting part of the Owner Trust Estate upon the terms of this Agreement to which the Trust or Owner Trustee is a party and the other Basic Documents and this Trust AgreementDocuments. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misconduct, negligence or bad faith or negligent failure to act negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 6.03 7.3 expressly made by the Owner Trustee, in its individual capacity. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):

Appears in 27 contracts

Samples: Trust Agreement (Mmca Auto Owner Trust 2001 2), Trust Agreement (Mmca Auto Receivables Trust), Trust Agreement (Mmca Auto Owner Trust 2001 2)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Trust Agreement. The Owner Trustee and the Certificate Paying Agent also agree agrees to disburse all moneys monies actually received by it constituting part of the Owner Trust Estate upon the terms of this Agreement and the other Basic Documents and this Trust Agreementto which the Owner Trustee is a party. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misconduct, negligence or bad faith or negligent failure to act negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 6.03 6.9 expressly made by the Owner Trustee. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):

Appears in 27 contracts

Samples: Trust Agreement (USAA Auto Owner Trust 2007-1), Trust Agreement (USAA Auto Owner Trust 2007-2), Trust Agreement (Usaa Federal Savings Bank)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Trust Agreement. The Owner Trustee and the Certificate Paying Agent also agree agrees to disburse all moneys monies actually received by it constituting part of the Owner Trust Estate upon the terms of the Basic Documents and this Trust Agreementto which the Issuing Entity or the Owner Trustee is a party. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misconduct, negligence or bad faith or negligent failure to act negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 6.03 expressly 7.03 made by the Owner Trustee. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):addition:

Appears in 26 contracts

Samples: Trust Agreement (Nissan Auto Leasing LLC Ii), Trust Agreement (Nissan Auto Leasing LLC Ii), Trust Agreement (Nissan Auto Leasing LLC Ii)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its express duties hereunder with respect to such trusts trusts, but only upon the terms of this Trust AgreementAgreement and the other Basic Documents. The Owner Trustee and the Certificate Paying Agent also agree agrees to disburse all moneys actually received by it constituting part of the Owner Trust Estate upon the terms of this Agreement and the other Basic Documents and this Trust AgreementDocuments. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misconductmisfeasance, bad faith, fraud or negligence or bad faith or negligent failure to act or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 6.03 7.03 expressly made by the Owner TrusteeTrustee in its individual capacity. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):limitation:

Appears in 13 contracts

Samples: Trust Agreement, Trust Agreement, And Restated Trust Agreement

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby xxxxxx created and agrees to perform its express duties hereunder with respect to such trusts trusts, but only upon the terms of this Trust AgreementAgreement and the other Basic Documents. The Owner Trustee and the Certificate Paying Agent also agree agrees to disburse all moneys actually received by it constituting part of the Owner Trust Estate upon the terms of this Agreement and the other Basic Documents and this Trust AgreementDocuments. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misconductmisfeasance, bad faith, fraud or negligence or bad faith or negligent failure to act or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 6.03 7.03 expressly made by the Owner TrusteeTrustee in its individual capacity. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):limitation:

Appears in 13 contracts

Samples: Trust Agreement, Trust Agreement, And Restated Trust Agreement

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Trust Agreement. The Owner Trustee and the Certificate Paying Agent also agree to disburse all moneys actually received by it constituting part of the Owner Trust Estate upon the terms of the Basic Documents and this Trust Agreement. The Owner Trustee shall not be answerable or accountable hereunder or under any Basic Document under any circumstances, except (i) for its own willful misconduct, negligence or bad faith or negligent failure to act or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 6.03 expressly made by the Owner Trustee. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding pre ceding sentence):

Appears in 10 contracts

Samples: Trust Agreement (National City Mortgage Capital LLC), Trust Agreement (Argent Securities Inc), Trust Agreement (WaMu Asset Acceptance Corp.)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Owner Trust Agreement. The Owner Trustee and the Certificate Paying Agent also agree to disburse all moneys actually received by it constituting part of the Owner Trust Estate upon the terms of the Basic Documents and this Owner Trust Agreement. The Owner Trustee shall not be answerable or accountable hereunder or under any Basic Document under any circumstances, except (i) for its own willful misconduct, gross negligence or bad faith or negligent failure to act or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 6.03 expressly made by the Owner Trustee. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):

Appears in 8 contracts

Samples: Owner Trust Agreement (DLJ Mortgage Acceptance Corp), Trust Agreement (Nomura Asset Acceptance Corp), Owner Trust Agreement (Cendant Mortgage Capital LLC)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts trusts, but only upon the terms of this Trust Agreement. The Owner Trustee and the Certificate Paying Agent also agree to disburse all moneys actually received by it constituting part of the Owner Trust Estate upon the terms of this Trust Agreement and the other Basic Documents and this Trust Agreementto which each is a party. The Owner Trustee shall not be answerable or accountable hereunder or under any Basic Document under any circumstances, except (i) for its own willful misconduct, negligence or bad faith or negligent failure to act or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 6.03 expressly made by the Owner Trustee. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):

Appears in 6 contracts

Samples: Trust Agreement (Wachovia Mortgage Loan Trust, LLC), Trust Agreement (Wachovia Asset Securitization Inc 2002 He2 Trust), Trust Agreement (Wachovia Asset Funding Trust, LLC)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Trust Agreement. The Owner Trustee and the Certificate Paying Agent also agree agrees to disburse all moneys monies actually received by it constituting part of the Owner Trust Estate upon the terms of this Agreement to which the Trust or Owner Trustee is a party and the other Basic Documents and this Trust AgreementDocuments. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misconduct, negligence or bad faith or negligent failure to act negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 6.03 7.3 expressly made by the Owner Trustee. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):

Appears in 6 contracts

Samples: Trust Agreement (Ford Credit Auto Receivables Two L P), Trust Agreement (Mmca Auto Receivables Inc), Trust Agreement (Ford Motor Credit Co)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Owner Trust Agreement. The Owner Trustee and the Certificate Paying Agent also agree to disburse all moneys actually received by it constituting part of the Owner Trust Estate upon the terms of the Basic Documents and this Owner Trust Agreement. The Owner Trustee shall not be answerable or accountable hereunder or under any Basic Document under any circumstances, except (i) for its own willful misconduct, negligence or bad faith or negligent failure to act or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 6.03 expressly made by the Owner Trustee. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):

Appears in 5 contracts

Samples: Owner Trust Agreement (Residential Funding Mortgage Securities Ii Inc), Owner Trust Agreement (Residential Funding Mortgage Securities Ii Inc), Owner Trust Agreement (Residential Fund Mort Sec Home Loan-BCKD NTS Ser 2004-Hi1)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Trust AgreementAgreement and the Transaction Documents. The Owner Trustee and the Certificate Paying Agent also agree agrees to disburse all moneys actually received by it constituting part of the Owner Trust Estate upon the terms of the Basic Transaction Documents and this Trust Agreement. The Owner Trustee shall not be answerable or accountable hereunder or under any Basic Transaction Document under any circumstances, except (i) for its own willful misconduct, negligence or bad faith or negligent failure to act negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 6.03 7.3 below expressly made by the Owner Trustee. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):

Appears in 4 contracts

Samples: Trust Agreement (Fleet Home Equity Loan Corp), Trust Agreement (HFC Revolving Corp), Trust Agreement (Household Mortgage Funding Corp Iii)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Trust AgreementAgreement and the Transaction Documents. The Owner Trustee and the Certificate Paying Agent also agree agrees to disburse all moneys actually received by it constituting part of the Owner Trust Estate upon the terms of the Basic Transaction Documents and this Trust Agreement. The Owner Trustee shall not be answerable or accountable hereunder or under any Basic Transaction Document under any circumstances, except (i) for its own willful misconduct, negligence or bad faith or negligent failure to act negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 6.03 8.3 below expressly made by the Owner Trustee. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):

Appears in 4 contracts

Samples: Trust Agreement (Chec Funding LLC), Trust Agreement (Renaissance Mortgage Acceptance Corp), Trust Agreement (Renaissance Mortgage Acceptance Corp)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts trusts, but only upon the terms of this Trust AgreementAgreement and the Basic Documents. The Owner Trustee and the Certificate Paying Agent also agree agrees to disburse all moneys actually received by it constituting part of the Owner Trust Estate upon the terms of the Basic Documents and this Trust Agreement. The Owner Trustee Trustee, in its capacity as Owner Trustee, shall not be answerable or accountable hereunder or under any Basic Document under any circumstances, except (i) for its own willful misconduct, negligence or bad faith or negligent failure to act or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 6.03 7.03 expressly made by the Owner TrusteeTrustee in its individual capacity. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):

Appears in 3 contracts

Samples: Deposit Trust Agreement (Banccap Asset Securization Issuance Corp), Deposit Trust Agreement (Aegis Asset Backed Securities Corp), Trust Agreement (Finance America Securities LLC)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts trust hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Trust Agreement. The Owner Trustee and the Certificate Paying Agent also agree to disburse all moneys actually received by it constituting part of the Owner Trust Estate upon the terms of the Basic Documents and this Trust Agreement. The Owner Trustee shall not be answerable or accountable hereunder or under any Basic Document under any circumstances, except (i) for its own willful misconduct, negligence or bad faith or negligent failure to act or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 6.03 7.03 expressly made by the Owner Trustee. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):

Appears in 3 contracts

Samples: Trust Agreement (Household Consumer Loan Trust 1997-2), Trust Agreement (Household Consumer Loan Trust 1997-1), Trust Agreement (Household Consumer Loan Trust 1997-2)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts trusts, but only upon the terms of this Trust Agreement. The Owner Trustee and the Certificate Paying Agent also agree agrees to disburse all moneys monies actually received by it constituting part of the Owner Trust Estate upon the terms of the Basic Documents and this Trust Agreement. The Owner Trustee shall not be answerable or accountable hereunder or under any Basic Transaction Document under any circumstances, except (i) for its own willful misconduct, negligence or bad faith or negligent failure gross negligence in the performance of its duties or the omission to act perform any such duties or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 6.03 expressly made by the Owner TrusteeTrustee in its individual capacity. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):

Appears in 2 contracts

Samples: Note Purchase Agreement (Bon Ton Stores Inc), Trust Agreement (Nordstrom Credit Inc)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Trust Agreement. The Owner Trustee and the Certificate Paying Agent also agree agrees to disburse all moneys monies actually received by it constituting part of the Owner Trust Estate Property upon the terms of this Agreement and the other Basic Documents and this Trust Agreementto which the Owner Trustee is a party. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misconduct, negligence or bad faith or negligent failure to act negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 6.03 6.9 expressly made by the Owner Trustee. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):

Appears in 2 contracts

Samples: Trust Agreement (USAA Auto Owner Trust 2008-1), Trust Agreement (Usaa Acceptance LLC)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Trust Agreement. The Owner Trustee and the Certificate Paying Agent also agree to disburse all moneys actually received by it constituting part of the Owner Trust Estate upon the terms of the Basic Documents and this Trust Agreement. The Owner Trustee shall not be answerable or accountable hereunder or under any Basic Document under any circumstances, except (i) for its own willful misconduct, negligence or bad faith or negligent failure to act or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 6.03 expressly made by the Owner Trustee. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):

Appears in 2 contracts

Samples: Trust Agreement (Irwin Whole Loan Home Equity Trust 2005-C), Trust Agreement (Irwin Whole Loan Home Equity Trust 2005-B)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Owner Trust Agreement. The Owner Trustee and the Certificate Paying Agent also agree to disburse all moneys actually received by it constituting part of the Owner Trust Estate upon the terms of the Basic Documents and this Owner Trust Agreement. The Owner Trustee shall not be answerable or accountable hereunder or under any Basic Document under any circumstances, except (i) for its own willful misconduct, negligence or bad faith or negligent failure to act or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 6.03 expressly made by the Owner Trustee. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):

Appears in 2 contracts

Samples: Owner Trust Agreement (Residential Funding Mortgage Securities Ii Inc), Owner Trust Agreement (Residential Funding Mortgage Securities Ii Inc)

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Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts trusts, but only upon the terms of this Trust Agreement. The Owner Trustee and the Certificate Paying Agent also agree to disburse all moneys actually received by it constituting part of the Owner Trust Estate upon the terms of the Basic Documents and this Trust AgreementAgreement and the other Basic Documents. The Owner Trustee shall not be answerable or accountable hereunder or under any Basic Document under any circumstances, except (i) for its own willful misconduct, negligence or bad faith or negligent failure to act or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 6.03 below expressly made by the Owner Trustee. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):

Appears in 2 contracts

Samples: Trust Agreement (SG Mortgage Securities, LLC), Trust Agreement (Gmacm Home Equity Loan Trust 2003-He2)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts trusts, but only upon the terms of this Trust Agreement. The Owner Trustee and the Certificate Paying Agent also agree agrees to disburse all moneys monies actually received by it constituting part of the Owner Trust Estate Assets upon the terms of the Basic Documents and this Trust Agreement. The Owner Trustee shall not be answerable or accountable hereunder or under any Basic Transaction Document under any circumstances, except (i) for its own willful misconduct, negligence or bad faith or negligent failure gross negligence in the performance of its duties or the omission to act perform any such duties or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 6.03 expressly made by the Owner TrusteeTrustee in its individual capacity. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):

Appears in 2 contracts

Samples: Trust Agreement (Nordstrom Inc), Trust Agreement (Nordstrom Inc)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts trusts, but only upon the terms of this Trust Agreement. The Owner Trustee and the Certificate Paying Agent also agree agrees to disburse all moneys actually received by it constituting part of the Owner Trust Estate upon the terms of the Basic Documents and this Trust AgreementTransaction Documents. The Owner Trustee shall not be personally answerable or accountable hereunder or under any Basic Transaction Document under any circumstances, except (i) for its own willful misconduct, negligence or bad faith or negligent failure gross negligence in the performance of its duties or the omission to act perform any such duties or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 6.03 6.3 expressly made by the Owner TrusteeTrustee in its individual capacity. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):

Appears in 1 contract

Samples: Trust Agreement (Dc Funding International Inc)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts trusts, but only upon the terms of this Trust Agreement. The Owner Trustee and the Certificate Paying Agent also agree agrees to disburse all moneys actually received by it constituting part of the Owner Trust Estate upon the terms of the Basic Documents and this Trust AgreementTransaction Documents. The Owner Trustee shall not be personally answerable or accountable hereunder or under any Basic Transaction Document under any circumstances, except (i) for its own willful misconduct, negligence or bad faith or negligent failure negligence in the performance of its duties or the omission to act perform any such duties or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 6.03 6.3 expressly made by the Owner TrusteeTrustee in its individual capacity. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):

Appears in 1 contract

Samples: Trust Agreement (Fnanb Credit Card Master Trust)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts trusts, but only upon the terms of this Trust Agreement. The Owner Trustee and the Certificate Paying Agent also agree to disburse all moneys actually received by it constituting part of the Owner Trust Estate upon the terms of the Basic Documents and this Trust AgreementAgreement and the other Basic Documents. The Owner Trustee shall not be answerable or accountable hereunder or under any Basic Document under any circumstances, except (i) for its own willful misconduct, negligence or bad faith or negligent failure to act or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 6.03 below expressly made by the Owner Trustee. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):the

Appears in 1 contract

Samples: Trust Agreement (Residential Asset Mortgage Products Inc)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby xxxxxx created and agrees to perform its duties hereunder with respect to such trusts trusts, but only upon the terms of this Trust Agreement. The Owner Trustee and the Certificate Paying Agent also agree to disburse all moneys actually received by it constituting part of the Owner Trust Estate upon the terms of the Basic Documents and this Trust AgreementAgreement and the other Basic Documents. The Owner Trustee shall not be answerable or accountable hereunder or under any Basic Document under any circumstances, except (i) for its own willful misconduct, negligence or bad faith or negligent failure to act or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 6.03 expressly made by the Owner Trustee. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):

Appears in 1 contract

Samples: Trust Agreement (Wachovia Asset Sec Inc Asst Back Notes Ser 2002 He1)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby xxxxxx created and agrees to perform its duties hereunder with respect to such trusts trusts, but only upon the terms of this Trust Agreement. The Owner Trustee and the Certificate Paying Agent also agree agrees to disburse all moneys monies actually received by it constituting part of the Owner Trust Estate upon the terms of this Agreement and the other Basic Documents and this Trust AgreementDocuments. The Owner Trustee shall not be answerable or accountable hereunder or under any other Basic Document under any circumstances, except (i) for its own willful misconductmisfeasance, negligence or bad faith faith, negligent action or negligent failure to act or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 6.03 7.03 expressly made by the Owner Trustee. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):

Appears in 1 contract

Samples: Trust Agreement (American Honda Receivables Corp)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Owner Trust Agreement. The Owner Trustee and the Certificate Paying Agent also agree to disburse all moneys actually received by it constituting part of the Owner Trust Estate upon the terms of the Basic Documents and this Owner Trust Agreement. The Owner Trustee shall not be answerable or accountable hereunder or under any Basic Document under any circumstances, except (i) for its own willful misconduct, negligence or bad faith or negligent failure to act or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 6.03 expressly made by the Owner Trustee. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):

Appears in 1 contract

Samples: Owner Trust Agreement (Credit Suisse First Boston Mor Ac Corp CSFB Abs Tr 2002 Hi23)

Acceptance of Trusts and Duties. The Owner ------------------------------------- Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Owner Trust Agreement. The Owner Trustee and the Certificate Paying Agent also agree to disburse all moneys actually received by it constituting part of the Owner Trust Estate upon the terms of the Basic Documents and this Owner Trust Agreement. The Owner Trustee shall not be answerable or accountable hereunder or under any Basic Document under any circumstances, except (i) for its own willful misconduct, negligence or bad faith or negligent failure to act or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 6.03 expressly made by the Owner Trustee. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):

Appears in 1 contract

Samples: Owner Trust Agreement (CSFB Acceptance Corp Home Equity Loan Back Notes Ser 2003-A)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Trust Agreement. The Owner Trustee and the Certificate Paying Agent also agree agrees to disburse all moneys monies actually received by it constituting part of the Owner Trust Estate upon the terms of this Agreement to which the Basic Documents Trust or Owner Trustee is a party and this Trust Agreementthe other Transaction Documents. The Owner Trustee shall not be answerable or accountable hereunder or under any Basic other Transaction Document under any circumstances, except (i) for its own willful misconduct, negligence or bad faith or negligent failure to act negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 6.03 7.3 expressly made by the Owner Trustee, in its individual capacity. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):

Appears in 1 contract

Samples: Trust Agreement (Carmax Auto Receivables LLC)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Trust Agreement. The Owner Trustee and the Certificate Paying Agent also agree to disburse all moneys actually received by it constituting part of the Owner Trust Estate upon the terms of the Basic Documents and this Trust Agreement. The Owner Trustee shall not be answerable or accountable hereunder or under any Basic Document under any circumstances, except (i) for its own willful misconduct, negligence or bad faith or negligent failure to act or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 6.03 expressly made by the Owner Trustee. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):)

Appears in 1 contract

Samples: Trust Agreement (Residential Funding Mortgage Securities Ii Inc)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts trusts, but only upon the terms of this Trust Agreement. The Owner Trustee and the Certificate Paying Agent also agree agrees to disburse all moneys actually received by it constituting part of the Owner Trust Estate upon the terms of the Basic Documents and this Trust AgreementTransaction Documents. The Owner Trustee shall not be personally answerable or accountable hereunder or under any Basic Transaction Document under any circumstances, except (i) for its own willful misconduct, negligence or bad faith or negligent failure gross negligence in the performance of its duties or the omission to act perform any such duties or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 6.03 expressly made by the Owner TrusteeTrustee in its individual capacity. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):

Appears in 1 contract

Samples: Trust Agreement (First Bankcard Master Credit Card Trust)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Trust Agreement. The Owner Trustee and the Certificate Paying Agent also agree to disburse all moneys actually received by it constituting part of the Owner Trust Estate upon the terms of the Basic Documents and this Trust Agreement. The Owner Trustee shall not be answerable or accountable liable hereunder or under any Basic Document under any circumstances, except (i) for its own willful misconduct, negligence or bad faith or negligent failure to act or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 6.03 expressly made by the Owner Trustee. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):

Appears in 1 contract

Samples: Trust Agreement (Superior Bank FSB Afc Mortgage Ln Asset Bk Notes Ser 1999-3)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts but only upon the terms of this Trust Agreement. The Owner Trustee and the Certificate Paying Agent also agree to disburse all moneys actually received by it constituting part of the Owner Trust Estate upon the terms of the Basic Documents and this Trust Agreement. The Owner Trustee shall not be answerable or accountable hereunder or under any Basic Document under any circumstances, except (i) for its own willful misconduct, gross negligence or bad faith or negligent failure to act or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 6.03 expressly made by the Owner Trustee. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):

Appears in 1 contract

Samples: Trust Agreement (C-Bass Mortgage Loan as-BCK Nt Sal Mort Ln Tr Ser 2001-Cb4)

Acceptance of Trusts and Duties. The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts trusts, but only upon the terms of this Trust Agreement. The Owner Trustee and the Certificate Paying Agent also agree agrees to disburse all moneys actually received by it constituting part of the Owner Trust Estate upon the terms of the Basic Documents and this Trust AgreementTransaction Documents. The Owner Trustee shall not be personally answerable or accountable hereunder or under any Basic Transaction Document under any circumstances, except (i) for its own willful misconduct, misconduct or gross negligence in the performance of its duties or bad faith or negligent failure the omission to act perform any such duties or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 6.03 6.3 expressly made by the Owner TrusteeTrustee in its individual capacity. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence):

Appears in 1 contract

Samples: Trust Agreement (Sunterra Corp)

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