Duties of Trustees. (a) The Trustee, prior to the occurrence of an Event of Default and after the curing 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 its exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Duties of Trustees. 122 Section 8.02. Certain Matters Affecting the Trustees......................................123 Section 8.03. Trustees Not Liable for Certificates or Mortgage Loans......................124
Duties of Trustees. The Trustees shall:
Duties of Trustees. The Trustee, prior to the occurrence of a Servicer Event of Default and after the curing of all Servicer Events of Default which may have occurred, undertakes to perform such duties and only such duties as are specifically set forth in this Agreement. During a Servicer Event of Default, 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 person would exercise or use under the circumstances in the conduct of such person’s own affairs. Any permissive right of the Trustee enumerated in this Agreement shall not be construed as a duty. The Trustee, upon receipt of all resolutions, certificates, statements, opinions, reports, documents, orders or other instruments furnished to the Trustee which are specifically required to be furnished pursuant to any provision of this Agreement, shall examine them to determine whether they conform to the requirements of this Agreement. If any such instrument is found not to conform to the requirements of this Agreement in a material manner, the Trustee shall take such action as it deems appropriate to have the instrument corrected, and if the instrument is not corrected to the Trustee’s satisfaction, the Trustee will provide notice thereof to the Certificateholders. No provision of this Agreement shall be construed to relieve the Trustee or Delaware Trustee from liability for its own negligent action, its own negligent failure to act or its own willful misconduct; provided, however, that:
Duties of Trustees. (a) The Trustee, prior to the occurrence of an Event of Default hereunder or under the Countrywide Agreement and after the curing 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 hereunder or under the Countrywide Agreement 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 or the Countrywide Agreement, as applicable, and use the same degree of care and skill in its exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Duties of Trustees. Except for any duties imposed by the Declaration or by Section 36(a) of the 1940 Act, in performing his duties hereunder or otherwise, no Trustee shall owe a duty of any kind, including, without limitation, any common law fiduciary duty to the Trust, the Shareholders, another Trustee or any other person; provided that the foregoing shall not eliminate a Trustee’s implied covenant of good faith and fair dealing.
Duties of Trustees. 40 Section 8.02. Certain Matters Affecting the Trustees...........................................41 Section 8.03. Trustees Not Liable for Certificates or Underlying Certificates..................42 Section 8.04. Trustees May Own Certificates....................................................43 Section 8.05. The Certificate Administrator to Pay Trustees' Fees and Expenses.................43
Duties of Trustees. (a) If an Event of Default has occurred and is continuing, the Trustees shall exercise the rights and powers vested in it by this Indenture and use the same degree of care and skill in its exercise as a prudent Person would exercise or use under the circumstances in the conduct of such person’s own affairs.
Duties of Trustees. 12.1 In addition to any other duty imposed by this Trust Deed (whether expressed or implied), the Trustees shall–
Duties of Trustees. 66 Section 8.02. Certain Matters Affecting the Trustees...........................................68 Section 8.03. Trustees Not Liable for Certificates or Underlying Certificates..................69 Section 8.04. Trustees May Own Certificates....................................................69 Section 8.05. The Certificate Administrator to Pay Trustees' Fees and Expenses.................69 Section 8.06. Eligibility Requirements for Trustees............................................70 Section 8.07. Resignation and Removal of Trustees..............................................70 Section 8.08. Successor Trustee................................................................71 Section 8.09. Merger or Consolidation of Trustee...............................................72 Section 8.10. Appointment of Co-Trustee or Separate Trustee....................................72 Section 8.11. Authenticating Agents............................................................73 Section 8.12. Paying Agents....................................................................74 Section 8.13. Duties of Delaware Trustee.......................................................75 Section 8.14. Amendment to Certificate of Trust................................................75 Section 8.15.
