Common use of Duties of Trustee and Securities Administrator Clause in Contracts

Duties of Trustee and Securities Administrator. (a) The Trustee, except during the continuance of an Event of Default, and the Securities Administrator, undertake to perform such duties and only such duties as are specifically set forth in this Agreement. Any permissive right of the Trustee or the Securities Administrator provided for in this Agreement shall not be construed as a duty of the Trustee or the Securities Administrator. If an Event of Default has occurred and has not otherwise been cured or waived, the Trustee or the Securities Administrator 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 Person would exercise or use under the circumstances in the conduct of such Person’s own affairs, unless the Securities Administrator is acting as Master Servicer, in which case it shall use the same degree of care and skill as the Master Servicer hereunder.

Appears in 49 contracts

Samples: Trust Agreement (Structured Asset Investment Loan Trust 2006-Bnc1), Custodial Agreement (Structured Asset Investment Loan Trust 2004-6), Trust Agreement (Sasco 2006-Bc2)

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Duties of Trustee and Securities Administrator. (a) The Trustee, except during prior to the continuance occurrence of an Event a Master Servicer Default, and after the curing or waiver of Defaultall Master Servicer Defaults, which may have occurred, and the Securities Administrator, Administrator each undertake to perform such duties and only such duties as are specifically set forth in this Agreement. Any permissive right Agreement as duties of the Trustee or the Securities Administrator provided for in this Agreement shall not be construed as a duty of the Trustee or and the Securities Administrator, respectively. If an Event of a Master Servicer Default has occurred and has not otherwise been cured or waived, the Trustee or the Securities Administrator shall exercise such of the rights and powers vested in it by this Agreement Agreement, and use the same degree of care and skill in their exercise exercise, as a prudent Person person would exercise or use under the circumstances in the conduct of such Person’s own affairs, unless . Any permissive right of the Securities Administrator is acting Trustee enumerated in this Agreement shall not be construed as Master Servicer, in which case it shall use the same degree of care and skill as the Master Servicer hereundera duty.

Appears in 21 contracts

Samples: Pooling and Servicing Agreement (Nomura Home Equity Loan, Inc., Home Equity Loan Trust, Series 2006-He1), Pooling and Servicing Agreement (Nomura Asset Acceptance Corporation, Alternative Loan Trust, Series 2006-Ar4), Pooling and Servicing Agreement (Nomura Asset Acceptance Corporation, Alternative Loan Trust, Series 2007-3)

Duties of Trustee and Securities Administrator. (a) The Trustee, except during the continuance of an a Master Servicer Event of Default, and the Securities Administrator, undertake each undertakes to perform such duties and only such duties as are specifically set forth in this Agreement. Any permissive right of the Trustee or the Securities Administrator provided for in this Agreement shall not be construed as a duty of the Trustee or the Securities Administrator. If an a Master Servicer Event of Default has occurred and has not otherwise been cured or waived, the Trustee or the Securities Administrator 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 Person would exercise or use under the circumstances in the conduct of such Person’s 's own affairs, unless the Securities Administrator is acting as Master Servicer, in which case it shall use the same degree of care and skill as the Master Servicer hereunder.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series MLCC 2007-1), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series MLCC 2006-2), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series MLCC 2007-3)

Duties of Trustee and Securities Administrator. (a) The Trustee, except during prior to the continuance occurrence of an Event a Master Servicer Default, and after the curing or waiver of Defaultall Master Servicer Defaults, which may have occurred, and the Securities Administrator, Administrator each undertake to perform such duties and only such duties as are specifically set forth in this Agreement. Any permissive right Agreement as duties of the Trustee or the Securities Administrator provided for in this Agreement shall not be construed as a duty of the Trustee or and the Securities Administrator, respectively. If an Event of a Master Servicer Default has occurred and has not otherwise been cured or waived, the Trustee or the Securities Administrator shall exercise such of the rights and powers vested in it by this Agreement Agreement, and use the same degree of care and skill in their exercise exercise, as a prudent Person person would exercise or use under the circumstances in the conduct of such Person’s 's own affairs, unless . Any permissive right of the Securities Administrator is acting Trustee enumerated in this Agreement shall not be construed as Master Servicer, in which case it shall use the same degree of care and skill as the Master Servicer hereundera duty.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Nomura Asset Acceptance Corp), Pooling and Servicing Agreement (Nomura Home Equity Loan, Inc.)

Duties of Trustee and Securities Administrator. (a) The Trustee, except during the continuance of an Event of Default, and the Securities Administrator, undertake to perform such duties and only such duties as are specifically set forth in this Agreement. Any permissive right of the Trustee or the Securities Administrator provided for in this Agreement shall not be construed as a duty of the Trustee or the Securities Administrator. If an Event of Default has occurred and has not otherwise been cured or waived, the Trustee or the Securities Administrator 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 Person would exercise or use under the circumstances in the conduct of such Person’s own affairs, unless the Securities Administrator is acting as Master Servicer, in which case it shall shall, in performing the duties and obligations of the Master Servicer, use the same degree of care and skill as the Master Servicer hereunder.

Appears in 1 contract

Samples: Trust Agreement (Fremont Home Loan Trust 2004-3)

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Duties of Trustee and Securities Administrator. (a) The Trustee, except during the continuance of an Event of Default, Default and the Securities Administrator, undertake Administrator undertakes to perform such duties and only such duties as are specifically set forth in this Agreement. Any permissive right of the Trustee or the Securities Administrator provided for in this Agreement shall not be construed as a duty of the Trustee or the Securities Administrator. If an Event of Default has occurred and has not otherwise been cured or waived, the Trustee or the Securities Administrator 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 Person would exercise or use under the circumstances in the conduct of such Person’s own affairs, unless the Securities Administrator Trustee is acting as Master Servicer, in which case it shall use the same degree of care and skill as the Master Servicer hereunder.

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-Bc7)

Duties of Trustee and Securities Administrator. (a) The Trustee, except during the continuance of an Event of Default, and the Securities Administrator, undertake to perform such duties and only such duties as are specifically set forth in this Agreement. Any permissive right of the Trustee or the Securities Administrator provided for in this Agreement shall not be construed as a duty of the Trustee or the Securities Administrator. If an Event of Default has occurred and has not otherwise been cured or waived, the Trustee or the Securities Administrator 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 Person would exercise or use under the circumstances in the conduct of such Person’s own affairs, unless the Securities Administrator is acting as Master Servicer, in which case it shall use the same degree of care and skill as the Master Servicer hereunder.

Appears in 1 contract

Samples: Trust Agreement (Structured Asset Investment Loan Trust 2004-7)

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