Lead Trustee definition
Examples of Lead Trustee in a sentence
Each Holder hereby appoints the Master Servicer, the Special Servicer and the Lead Trustee as such Holder’s attorney-in-fact to sign any documents reasonably required with respect to the administration and servicing of the Mortgage Loan on its behalf under the Servicing Agreement (subject at all times to the rights of the Holders as set forth herein and in such Servicing Agreement).
All escrow deposits and payments required to be deposited with the Seller or its agent in accordance with the Mortgage Loan documents have been (or by the Closing Date will be) so deposited, are in the possession of or under the control of the Seller or its agent (or, with respect to a Non-Serviced Trust Loan, in the possession of or under the control of the Lead Trustee or its agent under the applicable Lead PSA), and there are no deficiencies in connection therewith.
Until the delivery of such a notice, each other Note A Holder, the Lead Special Servicer, the Lead Master Servicer and the Lead Trustee shall be entitled to assume, without investigation, that the Note A-1 Holder or the Note A-2 Holder constitutes a Control-Eligible Note A Holder.
Notwithstanding the preceding sentence, neither the Lead Trustee nor any Non-Lead Trustee shall be required to execute an assignment and assumption agreement in connection with any Transfer of a Note if the obligations are assumed pursuant to the Lead Securitization Servicing Agreement or a Non-Lead Securitization Servicing Agreement, as the case may be.
Notwithstanding the foregoing, the rights and duties of the Lead Master Servicer set forth above may be exercised or performed in whole or in part by the Lead Certificate Administrator or the Lead Trustee if so provided in the Servicing Agreement.