Common use of Successor Trustee and Fiscal Agent Clause in Contracts

Successor Trustee and Fiscal Agent. (a) Any successor Trustee or Fiscal Agent appointed as provided in Section 8.07 shall execute, acknowledge and deliver to the Depositor, the Servicer, the Special Servicer and to its predecessor Trustee or Fiscal Agent, as applicable, an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Trustee or Fiscal Agent, as applicable, shall become effective and such successor Trustee or Fiscal Agent, as applicable, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor hereunder, with the like effect as if originally named as Trustee or Fiscal Agent herein. The predecessor Trustee shall deliver to the successor trustee all Mortgage Files and related documents and statements held by it hereunder (other than any Mortgage Files at the time held on its behalf by a Custodian, which Custodian shall become the agent of the successor Trustee), and the Depositor, the Servicer, the Special Servicer and the predecessor Trustee shall execute and deliver such instruments and do such other things as may reasonably be required to more fully and certainly vest and confirm in the successor Trustee all such rights, powers, duties and obligations, and to enable the successor Trustee to perform its obligations hereunder.

Successor Trustee and Fiscal Agent. (a) Any successor Trustee trustee or Fiscal Agent fiscal agent appointed as provided in Section 8.07 shall execute, acknowledge and deliver to the Depositor, the Master Servicer, the Special Servicer and to its predecessor Trustee trustee or Fiscal Agent, as applicable, fiscal agent an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Trustee trustee or Fiscal Agent, as applicable, fiscal agent shall become effective and such successor Trustee trustee or Fiscal Agent, as applicablefiscal agent, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor hereunder, with the like effect as if originally named as Trustee trustee or Fiscal Agent fiscal agent herein. The predecessor Trustee trustee or fiscal agent shall deliver to the successor trustee or fiscal agent all Mortgage Files and related documents and statements held by it hereunder (other than any Mortgage Files at the time held on its behalf by a Custodian, which Custodian shall become the agent of the successor Trusteetrustee or fiscal agent), and the Depositor, the Master Servicer, the Special Servicer and the predecessor Trustee trustee or fiscal agent shall execute and deliver such instruments and do such other things as may reasonably be required to more fully and certainly vest and confirm in the successor Trustee trustee or fiscal agent all such rights, powers, duties and obligations, and to enable the successor Trustee trustee or fiscal agent to perform its obligations hereunder.

Successor Trustee and Fiscal Agent. (a) Any successor Trustee trustee or Fiscal Agent fiscal agent appointed as provided in Section 8.07 shall execute, acknowledge and deliver to the Depositor, the Master Servicer, the Special Servicer and to its predecessor Trustee trustee or Fiscal Agent, as applicable, fiscal agent an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Trustee or Fiscal Agent, as applicable, trustee shall become effective and such successor Trustee trustee or Fiscal Agent, as applicablefiscal agent, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor hereunder, with the like effect as if originally named as Trustee trustee or Fiscal Agent fiscal agent herein. The predecessor Trustee trustee or fiscal agent shall deliver to the successor trustee or fiscal agent all Mortgage Files and related documents and statements held by it hereunder (other than any Mortgage Files at the time held on its behalf by a Custodian, which Custodian shall become the agent of the successor Trusteetrustee or fiscal agent), and the Depositor, the Master Servicer, the Special Servicer and the predecessor Trustee trustee or fiscal agent shall execute and deliver such instruments and do such other things as may reasonably be required to more fully and certainly vest and confirm in the successor Trustee trustee or fiscal agent all such rights, powers, duties and obligations, and to enable the successor Trustee trustee or fiscal agent to perform its obligations hereunder.

Successor Trustee and Fiscal Agent. (a) Any successor Trustee or Fiscal Agent trustee and successor fiscal agent, if applicable, appointed as provided in Section 8.07 shall execute, acknowledge and deliver to the Depositor, the Master Servicer, the Special Servicer Servicer, the REMIC Administrator and to its predecessor Trustee or Fiscal Agent, as applicable, trustee and predecessor fiscal agent an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Trustee or Fiscal Agent, as applicable, trustee and predecessor fiscal agent shall become effective and such successor Trustee or Fiscal Agenttrustee and successor fiscal agent, as if applicable, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor hereunder, with the like effect as if originally named as Trustee trustee or Fiscal Agent fiscal agent, as applicable, herein. The predecessor Trustee trustee shall deliver to the successor trustee all Mortgage Files and related documents and statements held by it hereunder (other than any Mortgage Files at the time held on its behalf by a Custodian, which Custodian shall become the agent of the successor Trustee)hereunder, and the Depositor, the Master Servicer, the Special Servicer Servicer, the REMIC Administrator and the predecessor Trustee trustee shall execute and deliver such instruments and do such other things as may reasonably be required to more fully and certainly vest and confirm in the successor Trustee trustee all such rights, powers, duties and obligations, and to enable the successor Trustee trustee to perform its obligations hereunder. If such predecessor trustee was removed as Trustee under this Agreement without cause, the cost of any such execution, delivery or action shall be at the expense of the Trust.

Successor Trustee and Fiscal Agent. (a) Any successor Trustee trustee or Fiscal Agent fiscal agent appointed as provided in Section 8.07 shall execute, acknowledge and deliver to the Depositor, the Master Servicer, the Special Servicer and to its predecessor Trustee or Fiscal Agent, as applicable, trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Trustee trustee or Fiscal Agent, as applicable, fiscal agent shall become effective and such successor Trustee trustee or Fiscal Agent, as applicablefiscal agent, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor hereunder, with the like effect as if originally named as Trustee trustee or Fiscal Agent fiscal agent herein. The predecessor Trustee trustee or fiscal agent shall deliver to the successor trustee or fiscal agent all Mortgage Files and related documents and statements held by it hereunder (other than any Mortgage Files at the time held on its behalf by a Custodian, which Custodian shall become the agent of the successor Trusteetrustee), and the Depositor, the Master Servicer, the Special Servicer and the predecessor Trustee trustee or fiscal agent shall execute and deliver such instruments and do such other things as may reasonably be required to more fully and certainly vest and confirm in the successor Trustee trustee all such rights, powers, duties and obligations, and to enable the successor Trustee trustee and fiscal agent, if applicable, to perform its obligations hereunder.

Successor Trustee and Fiscal Agent. (a) Any successor Trustee or Fiscal Agent appointed as provided in Section 8.07 shall execute, acknowledge and deliver to the Depositor, the Servicer, the Special Servicer and to its predecessor Trustee or Fiscal Agent, as applicable, an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Trustee or Fiscal Agent, as applicable, shall become effective and such successor Trustee or Fiscal Agent, as applicable, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor hereunder, with the like effect as if originally named as Trustee or Fiscal Agent herein. The predecessor Trustee shall deliver to the successor trustee all Mortgage Files and related documents and statements held by it hereunder (other than any Mortgage Files at the time held on its behalf by a Custodian, which Custodian Custodian, at Custodian's option, shall become the agent of the successor Trustee), and the Depositor, the Servicer, the Special Servicer and the predecessor Trustee shall execute and deliver such instruments and do such other things as may reasonably be required to more fully and certainly vest and confirm in the successor Trustee all such rights, powers, duties and obligations, and to enable the successor Trustee to perform its obligations hereunder.

Successor Trustee and Fiscal Agent. (a) Any successor Trustee or Fiscal Agent trustee and successor fiscal agent, if applicable, appointed as provided in Section 8.07 shall execute, acknowledge and deliver to the Depositor, the Mortgage Loan Sellers, the Master Servicer, the Special Servicer Servicer, the REMIC Administrator and to its predecessor Trustee or Fiscal Agent, as applicable, trustee and predecessor fiscal agent an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Trustee or Fiscal Agent, as applicable, trustee and predecessor fiscal agent shall become effective and such successor Trustee or Fiscal Agenttrustee and successor fiscal agent, as if applicable, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor hereunder, with the like effect as if originally named as Trustee trustee or Fiscal Agent fiscal agent herein. The predecessor Trustee trustee shall deliver (or shall cause to be delivered) to the successor trustee all Mortgage Files and related documents and statements held by it hereunder (other than any Mortgage Files at the time held on its behalf by a Custodian, which Custodian shall become the agent of the successor Trustee)hereunder, and the Depositor, the Mortgage Loan Sellers, the Master Servicer, the Special Servicer Servicer, the REMIC Administrator and the predecessor Trustee trustee shall execute and deliver such instruments and do such other things as may reasonably be required to more fully and certainly vest and confirm in the successor Trustee trustee all such rights, powers, duties and obligations, and to enable the successor Trustee trustee to perform its obligations hereunder. If such predecessor trustee was removed as Trustee under this Agreement without cause, the cost of any such execution, delivery or action shall be at the expense of the Trust.

Successor Trustee and Fiscal Agent. (a) Any successor Trustee trustee or Fiscal Agent fiscal agent appointed as provided in Section 8.07 shall execute, acknowledge and deliver to the Depositor, the Master Servicer, the Special Servicer and to its predecessor Trustee or Fiscal Agent, as applicable, trustee an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Trustee trustee or Fiscal Agent, as applicable, fiscal agent shall become effective and such successor Trustee trustee or Fiscal Agent, as applicablefiscal agent, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor hereunder, with the like effect as if originally named as Trustee trustee or Fiscal Agent fiscal agent herein. The predecessor Trustee trustee or fiscal agent shall deliver to the successor trustee or fiscal agent all Mortgage Files and related documents and statements held by it hereunder (other than any Mortgage Files at the time held on its behalf by a Custodian, which Custodian shall become the agent of the successor Trusteetrustee or fiscal agent), and the Depositor, the Master Servicer, the Special Servicer and the predecessor Trustee trustee or fiscal agent shall execute and deliver such instruments and do such other things as may reasonably be required to more fully and certainly vest and confirm in the successor Trustee trustee or fiscal agent all such rights, powers, duties and obligations, and to enable the successor Trustee trustee or fiscal agent to perform its obligations hereunder.

Successor Trustee and Fiscal Agent. (a) Any successor Trustee trustee or Fiscal Agent fiscal agent appointed as provided in Section 8.07 shall execute, acknowledge and deliver to the Depositor, the Master Servicer, the Special Servicer and to its predecessor Trustee trustee or Fiscal Agent, as applicable, fiscal agent an instrument accepting such appointment hereunder, and thereupon the resignation or removal of the predecessor Trustee trustee or Fiscal Agent, as applicable, fiscal agent shall become effective and such successor Trustee trustee or Fiscal Agent, as applicablefiscal agent, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor hereunderhere under, with the like effect as if originally named as Trustee or Fiscal Agent trustee herein. The predecessor Trustee trustee or fiscal agent shall deliver to the successor trustee or fiscal agent all Mortgage Files and related documents and statements held by it hereunder (other than any Mortgage Files at the time held on its behalf by a Custodian, which Custodian shall become the agent of the successor Trusteetrustee), and the Depositor, the Master Servicer, the Special Servicer and the predecessor Trustee trustee or fiscal agent shall execute and deliver such instruments and do such other things as may reasonably be required to more fully and certainly vest and confirm in the successor Trustee trustee or fiscal agent all such rights, powers, duties and obligations, and to enable the successor Trustee trustee or fiscal agent to perform its obligations hereunder.