Common use of Trustee Not Liable for Certificates or Contracts Clause in Contracts

Trustee Not Liable for Certificates or Contracts. The recitals contained herein and in the Certificates (other than the countersignature of the Certificates) shall be taken as the statements of Vanderbilt or the Servicer, as the case may be, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations or warranties as to the validity or sufficiency of this Agreement, of the Certificates (except that the Certificates shall be duly and validly countersigned by it), of any Contract or related document or the conveyance of the Contracts and any related Mortgages or documents. The Trustee shall not be accountable for the use or application by Vanderbilt of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to Vanderbilt or the Servicer in respect of the Contracts or deposited in or withdrawn from the Certificate Account by Vanderbilt or the Servicer. The Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder (unless the Trustee shall have become the successor Servicer) or to prepare or file any Securities and Exchange Commission filing for the trust created hereby or to record this Agreement.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (Vanderbilt Mort & Fin Inc Senior Sub Pas THR Cert Ser 2002 A), Custodial Agreement (Vanderbilt Mort & Fin Inc Senior Sub Pas THR Cert Ser 2002-C), Pooling and Servicing Agreement (Senior Subordinate Pass Through Certificates Series 2001-C)

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Trustee Not Liable for Certificates or Contracts. The recitals contained herein and in the Certificates (other than the countersignature of the Certificates) shall be taken as the statements of Vanderbilt the Company or the Servicer, as the case may be, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations or warranties as to the validity or sufficiency of this Agreement, of the Certificates (except that the Certificates shall be duly and validly countersigned by it), ) or of any Contract or related document or the conveyance of the Contracts and any related Mortgages or documentsdocument. The Trustee shall not be accountable for the use or application by Vanderbilt the Company of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to Vanderbilt the Company or the Servicer in respect of the Contracts or deposited in or withdrawn from the Certificate Account Accounts by Vanderbilt the Company or the Servicer. The Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder (unless the Trustee shall have become the successor Servicer) or to prepare or file any Securities and Exchange Commission filing for the trust created hereby or to record this Agreement.

Appears in 3 contracts

Samples: Custodial Agreement (Vanderbilt Mort & Finance Pass Through Cert Series 1999b), Pooling and Servicing Agreement (Vanderbilt Mort & Fin Inc Sen Sub Pas THR Cert Ser 1999c), Pooling and Servicing Agreement (Vanderbilt Mort & Fin Inc MFR HSG Sr Sub Pa Th Ce Sr 1998c)

Trustee Not Liable for Certificates or Contracts. The recitals contained herein and in the Certificates (other than the countersignature of the Certificates) shall be taken as the statements of Vanderbilt the Company or the Servicer, as the case may be, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations or warranties as to the validity or sufficiency of this Agreement, of the Certificates (except that the Certificates shall be duly and validly countersigned by it), of any Contract or related document or the conveyance of the Contracts and any related Mortgages or documents. The Trustee shall not be accountable for the use or application by Vanderbilt the Company of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to Vanderbilt the Company or the Servicer in respect of the Contracts or deposited in or withdrawn from the Certificate Account by Vanderbilt the Company or the Servicer. The Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder (unless the Trustee shall have become the successor Servicer) or to prepare or file any Securities and Exchange Commission filing for the trust created hereby or to record this Agreement.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Vanderbilt Mortgage & Finance Inc), Pooling and Servicing Agreement (Vanderbilt Mortgage & Fi in Ma Ho Co Sr Su Pa Th C Se 2001a)

Trustee Not Liable for Certificates or Contracts. The recitals contained herein and in the Certificates (other than the countersignature of the Certificates) shall be taken 95 as the statements of Vanderbilt or the Servicer, as the case may be, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations or warranties as to the validity or sufficiency of this Agreement, of the Certificates (except that the Certificates shall be duly and validly countersigned by it), of any Contract or related document or the conveyance of the Contracts and any related Mortgages or documents. The Trustee shall not be accountable for the use or application by Vanderbilt of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to Vanderbilt or the Servicer in respect of the Contracts or deposited in or withdrawn from the Certificate Account by Vanderbilt or the Servicer. The Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder (unless the Trustee shall have become the successor Servicer) or to prepare or file any Securities and Exchange Commission filing for the trust created hereby or to record this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Vanderbilt Mortgage & Finance Inc)

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Trustee Not Liable for Certificates or Contracts. The ------------------------------------------------ recitals contained herein and in the Certificates (other than the countersignature of the Certificates) shall be taken as the statements of Vanderbilt the Company or the Servicer, as the case may be, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations or warranties as to the validity or sufficiency of this Agreement, of the Certificates (except that the Certificates shall be duly and validly countersigned by it), of any Contract or related document or the conveyance of the Contracts and any related Mortgages or documents. The Trustee shall not be accountable for the use or application by Vanderbilt the Company of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to Vanderbilt the Company or the Servicer in respect of the Contracts or deposited in or withdrawn from the Certificate Account by Vanderbilt the Company or the Servicer. The Trustee shall have no responsibility for filing any financing or continuation statement in any public office at any time or to otherwise perfect or maintain the perfection of any security interest or lien granted to it hereunder (unless the Trustee shall have become the successor Servicer) or to prepare or file any Securities and Exchange Commission filing for the trust created hereby or to record this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Vanderbilt Mort & Fin Inc Sen Sub Pass THR Cert Ser 2000-D)

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