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

Trustee Not Liable for Recitals in Certificates. The Trustee assumes no responsibility for the correctness of the recitals contained herein and in the Certificates (other than the certificate of authentication on the Certificates). Except as set forth in Section 11.14, the Trustee makes no representations as to the validity or sufficiency of this Agreement or of the Certificates (other than the certificate of authentication on the Certificates) or of any Receivable or related document or any security interest of the Trust therein. The Trustee shall not be accountable for the use or application by the Seller of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Seller in respect of the Receivables or deposited in or withdrawn from the Collection Account or any Series Account.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (CDF Funding, Inc.), Pooling and Servicing Agreement (Deutsche Floorplan Receivables L P), Pooling and Servicing Agreement (Distribution Financial Services Floorplan Master Trust)

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Trustee Not Liable for Recitals in Certificates. The ----------------------------------------------- Trustee assumes no responsibility for the correctness of the recitals contained herein and in the Certificates (other than the certificate of authentication on the Certificates). Except as set forth in Section 11.1411.15, the Trustee makes no ------------- representations as to the validity or sufficiency of -108- this Agreement or of the Certificates (other than the certificate certificates of authentication on the Certificates) or of any Receivable or related document or any security interest of the Trust thereindocument. The Trustee shall not be accountable for the use or application by the Seller of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Seller in respect of the Receivables or deposited in or withdrawn from the Collection Account Account, the Excess Funding Account, or any Series AccountAccount by the Servicer.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Peoples Bank), Pooling and Servicing Agreement (Peoples Bank Credit Card Master Trust), Pooling and Servicing Agreement (Peoples Bank Credit Card Master Trust)

Trustee Not Liable for Recitals in Certificates. The Trustee ----------------------------------------------- assumes no responsibility for the correctness of the recitals contained herein and in the Certificates (other than the certificate of authentication on the Certificates). Except as set forth in Section 11.1411.15, the Trustee makes no representations as to the validity or sufficiency of this Agreement or any Supplement or of the Certificates (other than the certificate of authentication on the Certificates) or of any Receivable or related document or any security interest of the Trust thereindocument. The Trustee shall not be accountable for the use or application by the Seller of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Seller in respect of the Receivables or deposited in the Collection Account, the Excess Funding Account or any other Series Account, or withdrawn from the Collection Account or any Series Account, by the Servicer.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Spiegel Credit Corp Iii)

Trustee Not Liable for Recitals in Certificates. The Trustee assumes no responsibility for the correctness of the recitals contained herein and in the Certificates certificates (other than the certificate of authentication on the Certificates). Except as set forth in Section 11.1411.15, the Trustee makes no representations as to the validity or sufficiency of this Agreement or any Supplement or of the Certificates (other than the certificate of authentication on the Certificates) or of any Receivable or related document or any security interest of the Trust thereindocument. The Trustee shall not be accountable for the use or application by the Seller Sellers of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Sellers or the Holders of the Seller Certificates in respect of the Receivables or deposited in or withdrawn from the Collection Account, the Excess Funding Account or any Series AccountAccount by the Servicer.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Fleet Bank National Association /Ri/)

Trustee Not Liable for Recitals in Certificates. The ----------------------------------------------- Trustee assumes no responsibility for the correctness of the recitals contained herein and in the Certificates (other than the certificate of authentication on the Certificates). Except as set forth in Section 11.14, the Trustee makes no representations as to the validity or sufficiency of this Agreement or of the Certificates (other than the certificate of authentication on the Certificates) or of any Receivable or related document or any security interest of the Trust therein. The Trustee shall not be accountable for the use or application by the Seller of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Seller in respect of the Receivables or deposited in or withdrawn from the Collection Account or any Series Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Deutsche Floorplan Receivables L P)

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Trustee Not Liable for Recitals in Certificates. The Trustee assumes no responsibility for the correctness of the recitals contained herein and in the Certificates (other than the certificate of authentication on the Certificates). Except as set forth in Section 11.1411.15, the Trustee makes no representations as to the validity or sufficiency of this Agreement or any Supplement or of the Certificates (other than the certificate of authentication on the Certificates) 70 or of any Receivable or related document or any security interest of the Trust thereindocument. The Trustee shall not be accountable for the use or application by the Seller Sellers of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Seller Sellers in respect of the Receivables or deposited in or withdrawn from the Collection Account Account, any Series Accounts or any Series Accountother accounts hereafter established to effectuate the transactions contemplated by this Agreement and in accordance with the terms of this Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citibank South Dakota N A)

Trustee Not Liable for Recitals in Certificates. The ----------------------------------------------- Trustee assumes no responsibility for the correctness of the recitals contained herein and in the Certificates (other than the certificate of authentication on the Certificates). Except as set forth in Section 11.14, the Trustee makes no representations as to the validity or sufficiency of this Agreement or of the Certificates (other than the certificate of authentication on the Certificates) or of any Receivable or related document or any security interest of the Trust therein. The Trustee shall not be accountable for the use or application by the Seller Transferor of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Seller Transferor in respect of the Receivables or deposited in or withdrawn from the Collection Account or any Series Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Ford Credit Auto Receivables LLC)

Trustee Not Liable for Recitals in Certificates. The Trustee assumes no responsibility for the correctness of the recitals contained herein and in the Certificates (other than the certificate of authentication on the Certificates). Except as set forth in Section 11.1411.16, the Trustee makes no representations as to the validity or sufficiency of this Agreement or any Series Supplement or of the Certificates (other than the certificate of authentication on the Certificates) or of any Receivable or related document or any security interest of the Trust thereindocument. The Trustee shall not be accountable for the use or application by the Seller Sellers of any of the Certificates or of the proceeds of such Certificates, or for the use or application of any funds paid to the Holder of the Seller Certificate in respect of the Receivables or any deficiency in amounts deposited in or withdrawn from any Investor Accounts by the Collection Account or any Series Account.Master Servicer. 79 CH\1159205.11

Appears in 1 contract

Samples: Pooling and Servicing Agreement

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