Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the execution of the Certificates and relating to the acceptance and receipt of the Mortgage Loans) shall be taken as the statements of the Company or the Master Servicer as the case may be, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Agreement or of the Certificates (except that the Certificates shall be duly and validly executed and authenticated by it as Certificate Registrar) or of any Mortgage Loan or related document, or of MERS or the MERS(R)System. Except as otherwise provided herein, the Trustee shall not be accountable for the use or application by the Company or the Master Servicer of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Company or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from the Custodial Account or the Certificate Account by the Company or the Master Servicer.
Appears in 80 contracts
Samples: Pooling and Servicing Agreement (RFMSI Series 2006-S12 Trust), Pooling and Servicing Agreement (RFMSI Series 2007-S3 Trust), Pooling and Servicing Agreement (RFMSI Series 2007-S2 Trust)
Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the execution authentication of the Certificates and relating to the acceptance and receipt by an authorized signatory of the Mortgage LoansTrustee) shall be taken as the statements of the Company Depositor or the Master Servicer 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 or of the Certificates (except that (except as set forth herein) the Certificates shall be duly and validly executed and authenticated by it as Certificate Registrarit) or of any Mortgage Loan or related document, or of MERS or the MERS(R)System. Except as otherwise provided herein, the The Trustee shall not be accountable for the use or application by the Company Depositor or the Master Servicer of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Company Depositor or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from the Custodial Account or the Certificate Collection Account by the Company Depositor or the Master Servicer. The Trustee, in its capacity as trustee hereunder, shall have no responsibility for the timeliness or the amount of payments made by the Paying Agent to the Certificateholders.
Appears in 71 contracts
Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Corp), Pooling and Servicing Agreement (Chase Mortgage Finance Corp), Pooling and Servicing Agreement (Chase Mortgage Finance Corp)
Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the execution of the Certificates and relating to the acceptance and receipt of the Mortgage Loans) shall be taken as the statements of the Company Depositor or the Master Servicer as the case may be, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Agreement or of the Certificates (except that the Certificates shall be duly and validly executed and authenticated by it as Certificate Registrar) or of any Mortgage Loan or related document, or of MERS or the MERS(R)System. Except as otherwise provided herein, the Trustee shall not be accountable for the use or application by the Company Depositor or the Master Servicer of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Company Depositor or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from the Custodial Account or the Certificate Account by the Company Depositor or the Master Servicer.
Appears in 29 contracts
Samples: Pooling and Servicing Agreement (RASC Series 2006-Emx9 Trust), Pooling and Servicing Agreement (RAAC Series 2007 SP2 Trust), Pooling and Servicing Agreement (RASC Series 2007-Ks3 Trust)
Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the execution signature of the Certificates and relating to Trustee, the acceptance and receipt authentication of the Mortgage LoansCertificate Registrar on the Certificates, the acknowledgments of the Trustee contained in Article II and the representations and warranties of the Trustee in Section 8.12) shall be taken as the statements of the Company or the Master Servicer as the case may be, Depositor 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 (other than as specifically set forth in Section 8.12) or of the Certificates (except that other than the Certificates shall be duly signature of the Trustee and validly executed and authenticated by it as authentication of the Certificate RegistrarRegistrar on the Certificates) or of any Mortgage Loan or related document, or of MERS or the MERS(R)System. Except as otherwise provided herein, the The Trustee shall not be accountable for the use or application by the Company or the Master Servicer Depositor of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Company Depositor or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from the Custodial Account or the Certificate Collection Account by the Company or the Master Servicer, other than any funds held by or on behalf of the Trustee in accordance with Section 3.10.
Appears in 26 contracts
Samples: Pooling and Servicing Agreement (Salomon Broth Mor Sec Vii Asset Bac Float Rt Cer Se 1997 Lb1), Distribution Instructions (Salomon Brothers Mort Sec Vii Inc Asst Back Cert Se 1997-Lb2), Pooling and Servicing Agreement (Salomon Bros Mort Sec Vii Inc Ast Bk Fl Rte Cer Se 1997-Aq2)
Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the execution signature of the Certificates and relating to Trustee, the acceptance and receipt authentication of the Mortgage LoansCertificate Registrar on the Certificates, the acknowledgments of the Trustee contained in Article II and the representations and warranties of the Trustee in Section 8.13) shall be taken as the statements of the Company or the Master Servicer as the case may be, Depositor and the Trustee assumes no does not assume any responsibility for their correctness. The Trustee makes no representations or warranties as to the validity or sufficiency of this Agreement (other than as specifically set forth in Section 8.13) or of the Certificates (except that other than the Certificates shall be duly signature of the Trustee and validly executed and authenticated by it as authentication of the Certificate RegistrarRegistrar on the Certificates) or of any Mortgage Loan or related document, or of MERS or the MERS(R)System. Except as otherwise provided herein, the The Trustee shall not be accountable for the use or application by the Company or the Master Servicer Depositor of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Company Depositor or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from the Custodial Account or the Certificate Collection Account by the Company or the Master Servicer.
Appears in 24 contracts
Samples: Pooling and Servicing Agreement (Asset Backed Pass-Through Certificates, Series 2004-He5), Pooling and Servicing Agreement (Home Equity Loan Trust Series 2003-He2), Pooling and Servicing Agreement (Asset Backed Pass-Through Certificates, Series 2004-He4)
Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the execution of the Certificates and relating to the acceptance and receipt of the Mortgage Loans) shall be taken as the statements of the Company or the Master Servicer as the case may be, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Agreement or of the Certificates (except that the Certificates shall be duly and validly executed and authenticated by it as Certificate Registrar) or of any Mortgage Loan or related document, or of MERS or the MERS(R)System. Except as otherwise provided herein, the Trustee shall not be accountable for the use or application by the Company or the Master Servicer of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Company or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from the Custodial Account or the Certificate Account by the Company or the Master Servicer.
Appears in 18 contracts
Samples: Custodial Agreement (Residential Funding Mortgage Securities I Inc), Pooling and Servicing Agreement (Residential Funding Mortgage Securities I Inc), Pooling and Servicing Agreement (Residential Funding Mortgage Securities I Inc)
Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the execution of the Certificates and relating to the acceptance and receipt of the Mortgage Loans) shall be taken as the statements of the Company or the Master Servicer as the case may be, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Agreement or of the Certificates (except that the Certificates shall be duly and validly executed and authenticated by it as Certificate Registrar) or of any Mortgage Loan or related document, or of MERS or the MERS(R)SystemMERS(R) System. Except as otherwise provided herein, the Trustee shall not be accountable for the use or application by the Company or the Master Servicer of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Company or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from the Custodial Account or the Certificate Account by the Company or the Master Servicer.
Appears in 15 contracts
Samples: Pooling and Servicing Agreement (RFMSI Series 2006-S2 Trust), Pooling and Servicing Agreement (RFMSI Series 2006-S5 Trust), Servicing Agreement (RALI Series 2006-Qo1 Trust)
Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the execution of the Certificates and relating to the acceptance and receipt of the Mortgage Loans) shall be taken as the statements of the Company Depositor or the Master Servicer as the case may be, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Agreement or of the Certificates (except that the Certificates shall be duly and validly executed and authenticated by it as Certificate Registrar) or of any Mortgage Loan or related document, or of MERS or the MERS(R)SystemMERS® System. Except as otherwise provided herein, the Trustee shall not be accountable for the use or application by the Company Depositor or the Master Servicer of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Company Depositor or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from the Custodial Account or the Certificate Account by the Company Depositor or the Master Servicer.
Appears in 14 contracts
Samples: Pooling and Servicing Agreement (Phoenix Residential Securities, LLC), Pooling and Servicing Agreement (SG Mortgage Securities, LLC), Pooling and Servicing Agreement (SG Mortgage Securities, LLC)
Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the execution of the Certificates and relating to the acceptance and receipt of the Mortgage Loans) shall be taken as the statements of the Company Depositor or the Master Servicer as the case may be, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Agreement or of the Certificates (except that the Certificates shall be duly and validly executed and authenticated by it as Certificate Registrar) or of any Mortgage Loan or related document, or of MERS or the MERS(R)SystemMERS(R) System. Except as otherwise provided herein, the Trustee shall not be accountable for the use or application by the Company Depositor or the Master Servicer of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Company Depositor or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from the Custodial Account or the Certificate Account by the Company Depositor or the Master Servicer.
Appears in 11 contracts
Samples: Pooling and Servicing Agreement (RAMP Series 2006-Rs6 Trust), Pooling and Servicing Agreement (RAMP Series 2006-Rs2 Trust), Pooling and Servicing Agreement (RAMP Series 2005-Rs6 Trust)
Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the execution signature of the Certificates and relating to Trustee, the acceptance and receipt authentication of the Mortgage LoansTrustee on the Certificates, the acknowledgments of the Trustee contained in Article II) shall be taken as the statements of the Company or the Master Servicer as the case may be, Depositor 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 or of the Certificates (except that other than the Certificates shall be duly signature and validly executed and authenticated by it as Certificate Registrarauthentication of the Trustee on the Certificates) or of any Mortgage Loan or related document, or of MERS or the MERS(R)SystemMERS® System. Except as otherwise provided herein, the The Trustee shall not be accountable for the use or application by the Company or the Master Servicer Depositor of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Company Depositor or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from the Custodial Account or the Certificate Account by the Company or the Master Servicer.
Appears in 8 contracts
Samples: Pooling and Servicing Agreement (Impac Secured Assets Trust 2007-3), Pooling and Servicing Agreement (Impac Secured Assets Corp., Mortgage Pass-Through Certificates, Series 2007-2), Pooling and Servicing Agreement (Impac Secured Assets Corp., Mortgage Pass-Through Certificates, Series 2006-5)
Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the execution signature of the Certificates and relating to Trustee, the acceptance and receipt authentication of the Mortgage LoansTrustee on the Certificates, the acknowledgments of the Trustee contained in Article II) shall be taken as the statements of the Company or the Master 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 or of the Certificates (except that other than the Certificates shall be duly signature and validly executed and authenticated by it as Certificate Registrarauthentication of the Trustee on the Certificates) or of any Mortgage Loan or related document, or of MERS or the MERS(R)SystemMERS(R) System. Except as otherwise provided herein, the The Trustee shall not be accountable for the use or application by the Company or the Master Servicer of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Company or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from the Custodial Account or the Certificate Account by the Company or the Master Servicer.
Appears in 7 contracts
Samples: Pooling and Servicing Agreement (Impac Secured Assets Corp Mor Pass Thru Cert Ser 2003-3), Pooling and Servicing Agreement (Impac Secured Assets Corp), Pooling and Servicing Agreement (Impac Secured Assets Corp Mortgage Pass THR Cert Ser 2002-3)
Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the execution of the Certificates and relating to the acceptance and receipt of the Mortgage LoansNotes) shall be taken as the statements of the Company or the Master Servicer as the case may be, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Agreement or of the Certificates (except that the Certificates shall be duly and validly executed and authenticated by it as Certificate Registrar) or of any Mortgage Loan Loan, Mortgage File or related document, or of MERS or the MERS(R)SystemMERS(R) System. Except as otherwise provided herein, the The Trustee shall not be accountable for the use or application by the Company CompanY or the Master Servicer of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Company or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from the Custodial Account or the Certificate Payment Account by the Company or the Master Servicer.
Appears in 6 contracts
Samples: Execution (Residential Asset Mortgage Products Inc), Execution (Gmacm Mortgage Loan Trust 2005-Ar3), Pooling and Servicing Agreement (GMACM Mortgage Loan Trust 2005-Ar2)
Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the execution of the Certificates and relating to the acceptance and receipt of the Mortgage Loans) shall be taken as the statements of the Company Depositor or the Master Servicer as the case may be, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Agreement or of the Certificates (except that the Certificates shall be duly and validly executed and authenticated by it as Certificate Registrar) or of any Mortgage Loan or related document, or of MERS or the MERS(R)System. Except as otherwise provided herein, the Trustee shall not be accountable for the use or application by the Company Depositor or the Master Servicer of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Company Depositor or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from the Custodial Account or the Certificate Account by the Company Depositor or the Master Servicer.
Appears in 5 contracts
Samples: Mortgage Loan Purchase Agreement (Ba Mortgage Securities Inc Mort Pass THR Cert Series 1998-3), Mortgage Loan Purchase Agreement (Ba Mortgage Securities Inc Mort Pass THR Cert Series 1998-2), Mortgage Loan Purchase Agreement (Ba Mortgage Securities Inc/)
Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the execution of the Certificates and relating to the acceptance and receipt of the Mortgage LoansNotes) shall be taken as the statements of the Company or the Master Servicer as the case may be, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Agreement or of the Certificates (except that the Certificates shall be duly and validly executed and authenticated by it as Certificate Registrar) or of any Mortgage Loan Loan, Mortgage File or related document, or of MERS or the MERS(R)SystemMERS(R) System. Except as otherwise provided herein, the The Trustee shall not be accountable for the use or application by the Company or the Master Servicer of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Company or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from the Custodial Account or the Certificate Payment Account by the Company or the Master Servicer.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Gmacm Mortgage Loan Trust 2005-Af1), Execution (Gmacm Mortgage Loan Trust 2005-Af2), Pooling and Servicing Agreement (Gmacm Mortgage Loan Trust 2005-Ar4)
Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the execution of the Certificates and relating to the acceptance and receipt of the Mortgage Loans) shall be taken as the statements of the Company Depositor or the Master Servicer Servicers as the case may be, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Agreement or of the Certificates (except that the Certificates shall be duly and validly executed and authenticated by it as Certificate Registrar) or of any Mortgage Loan or related document, or of MERS or the MERS(R)System. Except as otherwise provided herein, the Trustee shall not be accountable for the use or application by the Company Depositor or the Master Servicer Servicers of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Company Depositor or the Master Servicer Servicers in respect of the Mortgage Loans or deposited in or withdrawn from the Custodial Account or the Certificate Account Accounts by the Company Depositor or the Master ServicerServicers.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Bankamerica Mortgage Securities Inc), Mortgage Loan Purchase Agreement (Ba Mortgage Securities Inc Mort Pass THR Cert Series 1997-3), Pooling and Servicing Agreement (Ba Mortgage Securities Inc/)
Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the execution of the Certificates and relating to the acceptance and receipt of the Mortgage Loans) shall be taken as the statements of the Company or the Master Servicer as the case may be, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Agreement or of the Certificates (except that the Certificates shall be duly and validly executed and authenticated by it as Certificate Registrar) or of any Mortgage Loan or related document, or of MERS or the MERS(R)SystemMERS® System. Except as otherwise provided herein, the Trustee shall not be accountable for the use or application by the Company or the Master Servicer of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Company or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from the Custodial Account or the Certificate Account by the Company or the Master Servicer.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Phoenix Residential Securities, LLC), Residential Accredit (RALI Series 2006-Qh1 Trust), Pooling and Servicing Agreement (Phoenix Residential Securities, LLC)
Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the execution of the Certificates and relating to the acceptance and receipt of the Mortgage Loans) shall be taken as the statements of the Company or the Master Servicer as the case may be, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Agreement or of the Certificates (except that the Certificates shall be duly and validly executed and authenticated by it as Certificate Registrar) or of any Mortgage Loan or related document, or of MERS or the MERS(R)System. Except as otherwise provided herein, the Trustee shall not be accountable for the use or application by the Company or the Master Servicer of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Company or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from the Custodial Account or the Certificate Account by the Company or the Master Servicer.
Appears in 2 contracts
Samples: Custodial Agreement (Stanwich Asset Acceptance CO LLC), Pooling and Servicing Agreement (Taconic Asset Acceptance Company, L.L.C.)
Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the execution authentication of the Certificates and relating to the acceptance and receipt by an authorized signatory of the Mortgage LoansTrustee) shall be taken as the statements of the Company Depositor or the Master Servicer Servicers, 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 or of the Certificates (except that (except as set forth herein) the Certificates shall be duly and validly executed and authenticated by it as Certificate Registrarit) or of any Mortgage Loan or related document, or of MERS or the MERS(R)System. Except as otherwise provided herein, the The Trustee shall not be accountable for the use or application by the Company or Depositor, the Master Servicer or the Servicers of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Company or Depositor, the Master Servicer or the Servicers in respect of the Mortgage Loans or deposited in or withdrawn from the Custodial Account or the Certificate Collection Account by the Company Depositor, the Master Servicer or the Master Servicer. The Trustee, in its capacity as trustee hereunder, shall have no responsibility for the timeliness or the amount of payments made by the Paying Agent to the Certificateholders.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Corp), Pooling and Servicing Agreement (Chase Mortgage Finance Corp)
Trustee Not Liable for Certificates or Mortgage Loans. 103 The recitals contained herein and in the Certificates (other than the execution of the Certificates and relating to the acceptance and receipt of the Mortgage Loans) shall be taken as the statements of the Company or the Master Servicer Servicer, as the case may be, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Agreement or of the Certificates (except that the Certificates shall be duly and validly executed and authenticated by it as Certificate Registrar) or of any Mortgage Loan or related document, or of MERS or the MERS(R)System. Except as otherwise provided herein, the Trustee shall not be accountable for the use or application by the Company or the Master Servicer of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Company or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from any of the Custodial Account or the Certificate Account Accounts by the Company or the Master Servicer.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (WMC Secured Assets Corp WMC Mort Pass THR Cert Ser 2000-A), Pooling and Servicing Agreement (WMC Secured Assets Corp WMC Mort Pass THR Cert Ser 1999-A)
Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the execution of the Certificates and relating to the acceptance and receipt of the Mortgage LoansNotes) shall be taken as the statements of the Company or the Master Servicer as the case may be, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Agreement or of the Certificates (except that the Certificates shall be duly and validly executed and authenticated by it as Certificate Registrar) or of any Mortgage Loan Loan, Mortgage File or related document, or of MERS or the MERS(R)SystemMERS® System. Except as otherwise provided herein, the The Trustee shall not be accountable for the use or application by the Company or the Master Servicer of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Company or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from the Custodial Account or the Certificate Payment Account by the Company or the Master Servicer.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Gmacm Mortgage Loan Trust 2005-J1), Pooling and Servicing Agreement (Gmacm Mortgage Loan Trust 2005-Ar6)
Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the execution of the Certificates and relating to the acceptance and receipt of the Mortgage Loans) shall be taken as the statements of the Company or the Master Servicer as the case may be, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Agreement or of the Certificates (except that the Certificates shall be duly and validly executed and authenticated by it as Certificate Registrar) or of any Mortgage Loan Loan, Mortgage File or related document, or of MERS or the MERS(R)SystemMERS® System. Except as otherwise provided herein, the Trustee shall not be accountable for the use or application by the Company or the Master Servicer of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Company or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from the Custodial Account or the Certificate Payment Account by the Company or the Master Servicer.. -105- Pooling and Servicing Agreement
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (GMACM Mortgage Pass-Through Cerificates, Series 2004-J5), Pooling and Servicing Agreement (GMACM Mortgage Pass-Through Cerificates, Series 2004-J5)
Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the execution of the Certificates and relating to the acceptance and receipt of the Mortgage Loans) shall be taken as the statements of the Company Depositor or the Master Servicer as the case may be, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Agreement or of the Certificates (except that the Certificates shall be duly and validly executed and authenticated by it as Certificate Registrar) or of any Mortgage Loan or related document, or of MERS or the MERS(R)System. Except as otherwise provided herein, the Trustee shall not be accountable for the use or application by the Company Depositor or the Master Servicer of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Company Depositor or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from the Custodial Account or the Certificate Account by the Company Depositor or the Master Servicer.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc)
Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the execution of the Certificates and relating to the acceptance and receipt of the Mortgage Loans) shall be taken as the statements of the Company or the Master Servicer as the case may be, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Agreement or of the Certificates (except that the Certificates shall be duly and validly executed and authenticated by it as Certificate Registrar) or of any Mortgage Loan or related document, or of MERS or the MERS(R)System. MERS(R) System.. Except as otherwise provided herein, the Trustee shall not be accountable for the use or application by the Company or the Master Servicer of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Company or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from the Custodial Account or the Certificate Account by the Company or the Master Servicer.
Appears in 1 contract
Samples: Custodial Agreement (RFMSII Series 2006-Hsa1 Trust)
Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the execution authentication of the Certificates and relating to the acceptance and receipt by an authorized signatory of the Mortgage LoansTrustee) shall be taken as the statements of the Company Company, the Certificate Administrator or the Master Servicer 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 or of the Certificates (except that the Certificates shall be duly and validly executed and authenticated by it as Certificate Registrarit) or of any Mortgage Loan or related document, or of MERS or the MERS(R)System. Except as otherwise provided herein, the The Trustee shall not be accountable for the use or application by the Company Company, the Certificate Administrator or the Master Servicer of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Company Company, the Certificate Administrator or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from the Custodial Collection Account or the Certificate Account by the Company Company, the Certificate Administrator or the Master Servicer.the
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Chase Manhattan Acceptance Corp /De/)
Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the execution authentication of the Certificates and relating to the acceptance and receipt by an authorized signatory of the Mortgage LoansTrustee) shall be taken as the statements of the Company Depositor or the Master Servicer 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 or of the Certificates (except that (except as set forth herein) the Certificates shall be duly and validly executed and authenticated by it as Certificate Registrarit) or of any Mortgage Loan or related document, or of MERS or the MERS(R)System. Except as otherwise provided herein, the The Trustee shall not be accountable for the use or application by the Company Depositor or the Master Servicer of any of the Certificates or of the proceeds of such Certificates, or for the use or 77 application of any funds paid to the Company Depositor or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from the Custodial Account or the Certificate Collection Account by the Company Depositor or the Master Servicer. The Trustee, in its capacity as trustee hereunder, shall have no responsibility for the timeliness or the amount of payments made by the Paying Agent to the Certificateholders.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Corp)
Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the execution authentication of the Certificates and relating to the acceptance and receipt by an authorized signatory of the Mortgage LoansTrustee) shall be taken as the statements of the Company Depositor or the Master Servicer Servicer, as the case may be, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations or 110 warranties as to the validity or sufficiency of this Agreement or of the Certificates (except that (except as set forth herein) the Certificates shall be duly and validly executed and authenticated by it as Certificate Registrarit) or of any Mortgage Loan or related document, or of MERS or the MERS(R)System. Except as otherwise provided herein, the The Trustee shall not be accountable for the use or application by the Company Depositor or the Master Servicer of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Company Depositor or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from the Custodial Account or the Certificate Collection Account by the Company Depositor or the Master Servicer. The Trustee, in its capacity as trustee hereunder, shall have no responsibility for the timeliness or the amount of payments made by the Paying Agent to the Certificateholders.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Trust Series 2005-S1)
Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the execution authentication of the Certificates and relating to the acceptance and receipt by an authorized signatory of the Mortgage LoansTrustee) shall be taken as the statements of the Company Depositor or the Master Servicer Servicers, 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 or of the Certificates (except that (except as set forth herein) the Certificates shall be duly and validly executed and authenticated by it as Certificate Registrarit) or of any Mortgage Loan or related document, or of MERS or the MERS(R)System. Except as otherwise provided herein, the The Trustee shall not be accountable for the use or application by the Company Depositor, the Certificate Administrator or the Master Servicer Servicers of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Company Depositor, the Certificate Administrator or the Master Servicer Servicers in respect of the Mortgage Loans or deposited in or withdrawn from the Custodial Account or the Certificate Collection Account by the Company Depositor, the Certificate Administrator or the Master Servicer. The Trustee, in its capacity as trustee hereunder, shall have no responsibility for the timeliness or the amount of payments made by the Paying Agent to the Certificateholders.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Corp)
Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the execution of the Certificates and relating to the acceptance and receipt of the Mortgage LoansNotes) shall be taken as the statements of the Company or the Master Servicer as the case may be, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Agreement or of the Certificates (except that the Certificates shall be duly and validly executed and authenticated by it as Certificate Registrar) or of any Mortgage Loan Loan, Mortgage File or related document, or of MERS or the MERS(R)System. Except as otherwise provided herein, the The Trustee shall not be accountable for the use or application by the Company or the Master Servicer of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Company or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from the Custodial Account or the Certificate Payment Account by the Company or the Master Servicer.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GMACM Mortgage Loan Trust 2006-Ar2)
Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the execution authentication of the Certificates and relating to the acceptance and receipt by an authorized signatory of the Mortgage LoansTrustee) shall be taken as the statements of the Company Depositor or the Master Servicer Servicers, 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 or of the Certificates (except that (except as set forth herein) the Certificates shall be duly and validly executed and authenticated by it as Certificate Registrarit) or of any Mortgage Loan or related document, or of MERS or the MERS(R)System. Except as otherwise provided herein, the The Trustee shall not be accountable for the use or application by the Company or Depositor, the Master Servicer or the Servicers of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Company or Depositor, the Master Servicer or the Servicers in respect of the Mortgage Loans or deposited in or withdrawn from the Custodial Account or the Certificate any Collection Account by the Company Depositor, the Master Servicer or the Master ServicerServicers. The Trustee, in its capacity as trustee hereunder, shall have no responsibility for the timeliness or the amount of payments made by the Paying Agent to the Certificateholders.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Corp)
Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the execution of the Certificates and relating to the acceptance and receipt of the Mortgage Loans) shall be taken as the statements of the Company Depositor or the Master Servicer as the case may be, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Agreement or of the Certificates (except that the Certificates shall be duly and validly executed and authenticated by it as Certificate Registrar) or of any Mortgage Loan or related document, or of MERS or the MERS(R)System. Except as otherwise provided herein, the Trustee shall not be accountable for the use or application by the Company Depositor or the Master Servicer of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Company Depositor or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from the Custodial Account or the Certificate Account by the Company Depositor or the Master Servicer.. 100 112
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ba Mortgage Securities Inc Mort Pass THR Cert Series 1998-1)
Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the execution of the Certificates and relating to the acceptance and receipt of the Mortgage Loans) shall be taken take n as the statements of the Company or the Master Servicer as the case may be, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Agreement or of the Certificates (except that the Certificates shall be duly and validly executed and authenticated by it as Certificate Registrar) or of any Mortgage Loan or related document, or of MERS or the MERS(R)System. Except as otherwise provided herein, the Trustee shall not be accountable for the use or application by the Company or the Master Servicer of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Company or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from the Custodial Account or the Certificate Account by the Company or the Master Servicer.
Appears in 1 contract
Samples: Custodial Agreement (Residential Funding Mortgage Securities I Inc)
Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the execution authentication of the Certificates and relating to the acceptance and receipt by an authorized signatory of the Mortgage LoansTrustee) shall be taken as the statements of the Company Depositor or the Master Servicer 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 or of the Certificates (except that (except as set forth herein) the Certificates shall be duly and validly executed and authenticated by it as Certificate Registrarit) or of any Mortgage Loan or related document, or of MERS or the MERS(R)System. Except as otherwise provided herein, the The Trustee shall not be accountable for the use or application by the Company Depositor, the Master Servicer or the Master Servicer of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Company Depositor, the Master Servicer or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from the Custodial Account or the Certificate Collection Account by the Company Depositor, the Master Servicer or the Master Servicer. The Trustee, in its capacity as trustee hereunder, shall have no responsibility for the timeliness or the amount of payments made by the Paying Agent to the Certificateholders.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Chase Mortgage Finance Corp)
Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the execution of the Certificates and relating to the acceptance and receipt of the Mortgage Loans) shall be taken as the statements of the Company or the Master Servicer as the case may be, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Agreement or of the Certificates (except that the Certificates shall be duly and validly executed and authenticated by it as Certificate Registrar) or of any Mortgage Loan Loan, Mortgage File or related document, or of MERS or the MERS(R)SystemMERS(R) System. Except as otherwise provided herein, the Trustee shall not be accountable for the use or application by the Company or the Master Servicer of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Company or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from the Custodial Account or the Certificate Payment Account by the Company or the Master Servicer.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Residential Asset Mortgage Products Inc)
Trustee Not Liable for Certificates or Mortgage Loans. The recitals contained herein and in the Certificates (other than the execution of the Certificates and relating to the acceptance and receipt of the Mortgage Loans) shall be taken as the statements of the Company Depositor or the Master Servicer as the case may be, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Agreement or of the Certificates (except that the Certificates shall be duly and validly executed and authenticated by it as Certificate Registrar) or of any Mortgage Loan or related document, or of MERS or the MERS(R)SystemMERS® System. Except as otherwise provided herein, the Trustee shall not be accountable for the use or application by the Company Depositor or the Master Servicer of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Company Depositor or the Master Servicer in respect of the Mortgage Loans or deposited in or withdrawn from the Custodial Account or the Certificate Account by the Company Depositor or the Master Servicer.. 103
Appears in 1 contract
Samples: Pooling and Servicing Agreement (RAMP Series 2006-Rz2 Trust)
