Common use of Successor Owner Trustee Clause in Contracts

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 shall execute, acknowledge and deliver to the Depositor, the Servicer and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.1. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer shall mail notice of the successor of such Owner Trustee to the Certificateholder, the Trustee, the Noteholders and the Rating Agencies. If the Servicer shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the Servicer.

Appears in 112 contracts

Samples: Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2020-1), Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2020-1), Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2019-4)

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Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 9.02 shall execute, acknowledge and deliver to the Depositor, the Servicer Indenture Trustee and to its predecessor Owner Trustee an instrument accepting such appointment under this Trust Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective effective, and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Trust Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Trust Agreement; and the Depositor and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section 9.03 unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.19.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this SectionSection 9.03, the Servicer Owner Trustee shall mail notice of the successor of such Owner Trustee thereof to the Certificateholderall Certificateholders, the Indenture Trustee, the Noteholders and the Rating Agencies. If the Servicer shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the Servicer.

Appears in 76 contracts

Samples: Trust Agreement, Trust Agreement (Bear Stearns Arm Trust, Mortgage-Backed Notes, Series 2005-5), Trust Agreement (GSC Capital Corp. Mortgage Trust 2006-2)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.02 shall execute, acknowledge and deliver to the Depositor, the Servicer Sponsor and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective effective, and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees fees, expenses and expenses indemnity deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Sponsor and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section 10.03 unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer shall mail notice of the successor of such Owner Trustee to the Certificateholder, the Trustee, the Noteholders and the Rating Agencies. If the Servicer shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner TrusteeSection 10.03, the successor Owner Trustee shall cause such mail notice thereof to be mailed at the expense Certificateholder and the Indenture Trustee. Any successor Owner Trustee shall file an amendment to the Certificate of Trust as required by the ServicerDelaware Trust Statute.

Appears in 63 contracts

Samples: Trust Agreement, Trust Agreement, Trust Agreement

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 shall execute, acknowledge and deliver to the Depositor, the Servicer and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.1. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer shall mail notice of the successor of such Owner Trustee to the Certificateholder, the Trustee, the Noteholders and the Rating Agencies. If the Servicer shall fail to mail such notice within 10 ten (10) days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the Servicer.

Appears in 55 contracts

Samples: Trust Agreement (AmeriCredit Automobile Receivables Trust 2024-1), Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2024-2), Trust Agreement (GM Financial Consumer Automobile Receivables Trust 2024-2)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.02 shall execute, acknowledge and deliver to the Depositor, the Servicer Administrator and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, Trustee without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties duties, and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Administrator and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties duties, and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to meet the criteria for eligibility set forth in Section 9.110.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer shall Administrator will mail notice of the successor of such Owner Trustee to the CertificateholderCertificateholders, the Indenture Trustee, the Noteholders and the Rating Agencies. If the Servicer shall fail Administrator fails to mail such notice within 10 ten (10) days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerAdministrator.

Appears in 54 contracts

Samples: Trust Agreement (Toyota Auto Receivables 2024-B Owner Trust), Trust Agreement (Toyota Auto Receivables 2024-B Owner Trust), Trust Agreement (Toyota Auto Receivables 2024-a Owner Trust)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 9.02 shall execute, acknowledge and deliver to the Depositor, the Servicer Indenture Trustee and to its predecessor Owner Trustee an instrument accepting such appointment under this Trust Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective effective, and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Trust Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Trust Agreement; and the Depositor and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section 9.03 unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.19.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this SectionSection 9.03, the Servicer Indenture Trustee shall mail notice of the successor of such Owner Trustee thereof to the Certificateholderall Certificateholders, the Indenture Trustee, the Noteholders and the Rating Agencies. If the Servicer Indenture Trustee shall fail to mail such notice within 10 days after acceptance of such appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerIndenture Trustee.

Appears in 53 contracts

Samples: Trust Agreement (Phoenix Residential Securities, LLC), Trust Agreement (Phoenix Residential Securities, LLC), Trust Agreement (Home Loan Trust 2006-Hi4)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 shall execute, acknowledge and deliver to the Depositor, the Servicer and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall shall, upon payment of its fees and expenses expenses, deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.1. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer shall mail notice of the successor of such Owner Trustee to the Holding Trust Certificateholder, the Indenture Trustee, the Noteholders and the Rating Agencies. If the Servicer shall fail to mail such notice within 10 ten days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the Servicer.

Appears in 35 contracts

Samples: Trust Agreement (Exeter Automobile Receivables Trust 2024-3), Trust Agreement (Exeter Automobile Receivables Trust 2024-2), Trust Agreement (Exeter Automobile Receivables Trust 2024-2)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 shall execute, acknowledge and deliver to the Depositor, the Servicer and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall shall, upon payment of its fees and expenses expenses, deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.1. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer shall mail notice of the successor of such Owner Trustee to the CertificateholderCertificateholders, the Indenture Trustee, the Noteholders and the Rating Agencies. If the Servicer shall fail to mail such notice within 10 ten days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the Servicer.

Appears in 35 contracts

Samples: Trust Agreement (Exeter Automobile Receivables Trust 2024-3), Trust Agreement (Exeter Automobile Receivables Trust 2024-2), Trust Agreement (Exeter Automobile Receivables Trust 2024-2)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.01 shall execute, acknowledge execute and deliver to the Administrator, the Depositor, the Servicer and to its the predecessor Owner Trustee an instrument accepting such appointment as trustee under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such effective. The successor Owner Trustee, without any further act, deed or conveyance, Trustee shall become fully vested with all the rights, powers, duties rights and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner TrusteeTrustee without any further act, deed, or conveyance. The predecessor Owner Trustee shall upon payment of its fees and expenses promptly deliver to the successor Owner Trustee all documents and statements documents, statements, and monies held by it under this Agreement; and the Depositor . The Administrator and the predecessor Owner Trustee shall execute and deliver such any instruments and do such other things as may reasonably be required anything else for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties rights and obligationsobligations under this Agreement. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.1. Upon acceptance of appointment by When a successor Owner Trustee accepts its appointment pursuant to this Section, the Servicer Administrator shall mail notice of the successor of such Owner Trustee change in trustee to the CertificateholderCertificateholders, the Depositor, the Indenture Trustee, the Noteholders Noteholders, the Credit Enhancer, and the Rating Agencies. If the Servicer shall fail Administrator fails to mail such that notice within 10 ten days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such mail that notice to be mailed at the expense of the ServicerAdministrator. The successor Owner Trustee shall file an amendment to the Certificate of Trust with the Secretary of State of the State of Delaware identifying the name and principal place of business in the State of Delaware of the successor Owner Trustee.

Appears in 34 contracts

Samples: Trust Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-D), Trust Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-E), Trust Agreement (CWHEQ, Inc.)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 9.02 shall execute, acknowledge and deliver to the Depositor, the Servicer Indenture Trustee and to its predecessor Owner Trustee an instrument accepting such appointment under this Trust Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective effective, and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Trust Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Trust Agreement; and the Depositor and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section 9.03 unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.19.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this SectionSection 9.03, the Servicer Owner Trustee shall mail notice of the successor of such Owner Trustee thereof to the Certificateholderall Certificateholders, the Indenture Trustee, the Noteholders Bondholders and the Rating Agencies. If the Servicer shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the Servicer.

Appears in 32 contracts

Samples: Trust Agreement (IMPAC CMB Trust Series 2005-5), Trust Agreement (Imh Assets Corp., Collateralized Asset-Backed Bonds, Series 2005-4), Trust Agreement (IMPAC CMB Trust Series 2005-5)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 9.02 shall execute, acknowledge and deliver to the Depositor, the Servicer Administrator and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, Trustee without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties duties, and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Administrator and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties duties, and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.19.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Administrator shall mail notice of the successor of such Owner Trustee to the Certificateholderall Certificateholders, the Indenture Trustee, the Noteholders and the Rating Agencies. If the Servicer shall fail Administrator fails to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerAdministrator.

Appears in 26 contracts

Samples: Trust Agreement (Sast 2006-3), Trust Agreement (SASCO Mortgage Loan Trust 2004-Gel3), Trust Agreement (Sasco Mortgage Loan Trust Series 2004-Gel2)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.02 shall execute, acknowledge and deliver to the DepositorAdministrator, the Servicer Insurer and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective effective, and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Administrator and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Administrator shall mail notice of the successor of such Owner Trustee thereof to the Certificateholderall Owners, the Insurer, the Depositor, the Servicer, the Indenture Trustee, the Noteholders and the each Rating AgenciesAgency. If the Servicer Administrator shall fail to mail such notice within 10 ten days after acceptance of such appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerAdministrator.

Appears in 26 contracts

Samples: Trust Agreement (Onyx Acceptance Owner Trust 2005-A), Trust Agreement (Onyx Acceptance Owner Trust 2005-B), Trust Agreement (Onyx Acceptance Financial Corp)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 9.02 shall execute, acknowledge and deliver to the Depositor, the Servicer Administrator and to its predecessor Owner Trustee an instrument accepting such appointment under this Trust Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective effective, and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Trust Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Trust Agreement; and the Depositor Administrator and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section 9.03 unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.19.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this SectionSection 9.03, the Servicer Administrator shall mail notice of the successor of such Owner Trustee thereof to the Certificateholderall Certificateholders, the Indenture Trustee, the Noteholders Bondholders and the Rating Agencies. If the Servicer Administrator shall fail to mail such notice within 10 days after acceptance of such appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerAdministrator.

Appears in 23 contracts

Samples: Trust Agreement (Opteum Mortgage Acceptance CORP), Trust Agreement (Long Beach Securities Corp), Trust Agreement (Ab Mortgage Securities Corp)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 9.02 shall execute, acknowledge and deliver to the Depositor, the Servicer Indenture Trustee and to its predecessor Owner Trustee an instrument accepting such appointment under this Trust Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective effective, and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Trust Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Trust Agreement; and the Depositor and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section 9.03 unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.19.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this SectionSection 9.03, the Servicer Indenture Trustee shall mail notice of the successor of such Owner Trustee thereof to the Certificateholderall Certificateholders, the Indenture Trustee, the Noteholders and the Rating AgenciesAgencies and the Enhancer. If the Servicer Indenture Trustee shall fail to mail such notice within 10 days after acceptance of such appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerIndenture Trustee.

Appears in 23 contracts

Samples: Trust Agreement (BellaVista Finance CORP), Trust Agreement (Wachovia Asset Securitization Inc 2002 He2 Trust), Trust Agreement (GMACM Home Equity Loan Trust 2006-He1)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 shall execute, acknowledge and deliver to the Depositor, the Servicer Administrator and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as the Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Administrator and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.1. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Administrator shall mail notice of the successor of such Owner Trustee to the Certificateholder, the Indenture Trustee, the Noteholders and the Note Rating Agencies. If the Servicer Administrator shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerAdministrator.

Appears in 19 contracts

Samples: Trust Agreement (Chase Credit Card Owner Trust 2002-6), Trust Agreement (Chase Credit Card Master Trust), Trust Agreement (Chase Credit Card Owner Trust 2001-5)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 9.02 shall execute, acknowledge and deliver to the Depositor, Depositor and the Servicer Securities Administrator and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, Trustee without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties duties, and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Depositor, the Securities Administrator and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties duties, and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.19.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Securities Administrator shall mail notice of the successor of such Owner Trustee to the Certificateholderall Certificateholders, the Indenture Trustee, the Noteholders and the Rating Agencies. If the Servicer shall fail Securities Administrator fails to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerSecurities Administrator.

Appears in 17 contracts

Samples: Trust Agreement (Homebanc Corp), Trust Agreement (Homebanc Corp), Trust Agreement (Thornburg Mortgage Securities Trust 2007-1)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.02 shall execute, acknowledge and deliver to the DepositorAdministrator, the Servicer and to its predecessor Owner Trustee Trustee, an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective effective, and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Administrator and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Administrator shall mail notice of the successor of such Owner Trustee thereof to the Certificateholder, the Indenture Trustee, the Noteholders and the each Rating Agencies. If the Servicer shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerAgency.

Appears in 17 contracts

Samples: Trust Agreement (Harley-Davidson Motorcycle Trust 2024-A), Trust Agreement (Harley-Davidson Motorcycle Trust 2024-A), Trust Agreement (Harley-Davidson Motorcycle Trust 2023-B)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.02 shall execute, acknowledge and deliver to the DepositorAdministrator, the Servicer Insurer and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective effective, and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall shall, upon payment of its fees and expenses expenses, deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Administrator and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Administrator shall mail notice of the successor of such Owner Trustee thereof to the Certificateholderall Certificateholders, the Insurer, the Indenture Trustee, the Noteholders and the each Rating AgenciesAgency. If the Servicer Administrator shall fail to mail such notice within 10 ten days after acceptance of such appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerAdministrator.

Appears in 16 contracts

Samples: Trust Agreement (WFS Receivables Corp), Trust Agreement (WFS Receivables Corp 2), Trust Agreement (WFS Financial Auto Loans Inc)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 9.02 shall execute, acknowledge and deliver to the Depositor, the Servicer Trust Administrator and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, Trustee without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties duties, and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Trust Administrator and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties duties, and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.19.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Trust Administrator shall mail notice of the successor of such Owner Trustee to the Certificateholderall Certificateholders, the Indenture Trustee, the Noteholders and the Rating Agencies. If the Servicer shall fail Trust Administrator fails to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerTrust Administrator.

Appears in 16 contracts

Samples: Trust Agreement (Indymac Abs Inc), Trust Agreement (Aames Mortgage Investment Trust 2006-1), Trust Agreement (Aames Mortgage Investment Trust 2005-4)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.02 shall execute, acknowledge and deliver to the Depositor, the Servicer Administrator and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective effective, and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall shall, upon payment of its fees and expenses expenses, deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Administrator and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Administrator shall mail notice of the successor of such Owner Trustee thereof to the Certificateholderall Certificateholders, the Indenture Trustee, the Noteholders and the each Rating AgenciesAgency. If the Servicer Administrator shall fail to mail such notice within 10 ten days after acceptance of such appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerAdministrator.

Appears in 15 contracts

Samples: Trust Agreement (WFS Receivables Corp 3), Trust Agreement (WFS Financial 2005-1 Owner Trust), Trust Agreement (WFS Receivables Corp 3)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 shall execute, acknowledge and deliver to the Depositor, the Servicer Servicer, the Security Insurer and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.1. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer shall mail notice of the successor of such Owner Trustee to the Certificateholder, the Trustee, the Noteholders and the Rating Agencies. If the Servicer shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the Servicer.

Appears in 15 contracts

Samples: Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Automobile Receivables Trust 2003-C-F), Trust Agreement (Americredit Automobile Receivables Trust 2004-a-F)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 9.02 shall execute, acknowledge and deliver to the Depositor, the Servicer Administrator and to its predecessor Owner Trustee an instrument accepting such appointment under this Trust Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective effective, and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Trust Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Trust Agreement; and the Depositor Administrator and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section 9.03 unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.19.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this SectionSection 9.03, the Servicer Administrator shall mail notice of the successor of such Owner Trustee thereof to the Certificateholderall Certificateholders, the Indenture Trustee, the Noteholders and the Rating Agencies. If the Servicer Administrator shall fail to mail such notice within 10 days after acceptance of such appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerAdministrator.

Appears in 14 contracts

Samples: Trust Agreement (Shellpoint Mortgage Acceptance LLC), Trust Agreement (Credit Suisse First Boston Mortgage Securities Corp), Trust Agreement (Deutsche Mortgage Securities Inc)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.02 shall execute, acknowledge and deliver to the Depositor, the Servicer Administrator and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective effective, and such successor Owner Trustee, Trustee without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; Agreement and the Depositor Administrator and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.1. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer shall mail notice of the successor of such Owner Trustee to the Certificateholder, the Trustee, the Noteholders and the Rating Agencies. If the Servicer shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the Servicer10.01.

Appears in 14 contracts

Samples: Trust Agreement (Honda Auto Receivables 2015-4 Owner Trust), Trust Agreement (Honda Auto Receivables 2015-4 Owner Trust), Trust Agreement (Honda Auto Receivables 2014-4 Owner Trust)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 9.02 shall execute, acknowledge and deliver to the Depositor, the Servicer Indenture Trustee and to its predecessor Owner Trustee an instrument accepting such appointment under this Trust Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective effective, and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Trust Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Trust Agreement; and the Depositor and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section 9.03 unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.19.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this SectionSection 9.03, the Servicer Owner Trustee shall mail notice of the successor of such Owner Trustee thereof to the Certificateholderall Certificateholders, the Indenture Trustee, the Noteholders Bond Insurer, the Bondholders and the Rating Agencies. If the Servicer shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the Servicer.

Appears in 12 contracts

Samples: Trust Agreement (Collateralized Asset-Backed Bonds Series 2002-3), Trust Agreement (Imh Assets Corp Impac CMB Trust Series 1999-1), Trust Agreement (Imh Assets Corp)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.2 shall execute, acknowledge and deliver to the DepositorSeller, the Servicer Administrator and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as the Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Seller and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.1. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Seller shall mail (or shall cause to be mailed) notice of the successor of such Owner Trustee to the Certificateholder, the Indenture Trustee, the Noteholders and each of the Rating Agencies. If the Servicer Seller shall fail to mail (or cause to be mailed) such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerSeller.

Appears in 12 contracts

Samples: Trust Agreement (Volkswagen Auto Loan Enhanced Trust 2003-1), Trust Agreement (Bas Securitization LLC), Trust Agreement (Volkswagen Auto Loan Enhanced Trust 2003-2)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 shall execute, acknowledge and deliver to the Depositor, the Servicer Security Insurer and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties duties, and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties duties, and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.1. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Depositor shall mail notice of the successor of such Owner Trustee to the Certificateholder, the Indenture Trustee, the Noteholders and the Rating Agencies. If the Servicer Depositor shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerDepositor.

Appears in 11 contracts

Samples: Trust Agreement (Arcadia Receivables Finance Corp), Trust Agreement (Arcadia Receivables Finance Corp), Trust Agreement (Arcadia Receivables Finance Corp)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.01 shall execute, acknowledge execute and deliver to the Administrator, the Depositor, the Servicer and to its the predecessor Owner Trustee an instrument accepting such appointment as trustee under this Trust Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such effective. The successor Owner Trustee, without any further act, deed or conveyance, Trustee shall become fully vested with all the rights, powers, duties rights and obligations of its predecessor under this Trust Agreement, with like effect as if originally named as Owner TrusteeTrustee without any further act, deed, or conveyance. The predecessor Owner Trustee shall upon payment of its fees and expenses promptly deliver to the successor Owner Trustee all documents and statements documents, statements, and monies held by it under this Agreement; and the Depositor . The Administrator and the predecessor Owner Trustee shall execute and deliver such any instruments and do such other things as may reasonably be required anything else for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties rights and obligationsobligations under this Agreement. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.1. Upon acceptance of appointment by When a successor Owner Trustee accepts its appointment pursuant to this Section, the Servicer Administrator shall mail notice of the successor of such Owner Trustee change in trustee to the CertificateholderCertificateholders, the Depositor, the Indenture Trustee, the Noteholders Noteholders, the Credit Enhancer, and the Rating Agencies. If the Servicer shall fail Administrator fails to mail such that notice within 10 ten days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such mail that notice to be mailed at the expense of the ServicerAdministrator. The successor Owner Trustee shall file an amendment to the Certificate of Trust with the Secretary of State of the State of Delaware identifying the name and principal place of business in the State of Delaware of the successor Owner Trustee.

Appears in 10 contracts

Samples: Trust Agreement (CWABS Revolving Home Equity Loan Trust, Series 2004-J), Trust Agreement (CWABS Revolving Home Equity Loan Trust, Series 2004-K), Trust Agreement (CWABS Revolving Home Equity Loan Trust, Series 2004-M)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.02 shall execute, acknowledge and deliver to the Depositor, the Servicer Administrator and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective effective, and such successor Owner Trustee, Trustee without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; Agreement and the Depositor Administrator and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Administrator shall mail notice of the successor of such Owner Trustee thereof to the Certificateholderall Certificateholders, the Indenture Trustee, the Noteholders and the each Rating AgenciesAgency. If the Servicer Administrator shall fail to mail such notice within 10 ten days after acceptance of such appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerAdministrator.

Appears in 10 contracts

Samples: Trust Agreement (Honda Auto Receivables 2004-3 Owner Trust), Trust Agreement (American Honda Receivables Corp), Trust Agreement (Honda Auto Receivables 2002-3 Owner Trust)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.2 shall execute, acknowledge and deliver to the Depositor, the Servicer Administrator and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as the Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section 10.3 unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.1. Upon acceptance of appointment by a successor Owner Trustee pursuant to this SectionSection 10.3, the Servicer Depositor shall mail (or shall cause to be mailed) notice of the successor of such Owner Trustee to the each Certificateholder, the Indenture Trustee, the Noteholders and each of the Rating Agencies. If the Servicer Depositor shall fail to mail (or cause to be mailed) such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerDepositor.

Appears in 10 contracts

Samples: Trust Agreement (Usaa Acceptance LLC), Trust Agreement (USAA Auto Owner Trust 2015-1), Trust Agreement (Usaa Acceptance LLC)

Successor Owner Trustee. Any successor Owner Trustee ----------------------- appointed pursuant to Section 9.2 shall execute, acknowledge and deliver to the Depositor, the Servicer Servicer, the Security Insurer and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.1. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer shall mail notice of the successor of such Owner Trustee to the Certificateholder, the Trustee, the Noteholders and the Rating Agencies. If the Servicer shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the Servicer.

Appears in 9 contracts

Samples: Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc), Trust Agreement (Americredit Financial Services Inc)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.2 shall execute, acknowledge and deliver to the Depositor, the Servicer Administrator and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties duties, and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Administrator and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties duties, and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.1. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Administrator shall mail notice of the successor of such Owner Trustee to the Certificateholderall Owners, the Indenture Trustee, the Noteholders and the Rating Agencies. If the Servicer shall fail Administrator fails to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerAdministrator.

Appears in 7 contracts

Samples: Agreement (Empire Funding Home Loan Owner Trust 1998-1), Owner Trust Agreement (Painewebber Mortgage Acceptance Corporation Iv), Trust Agreement (Empire Funding Home Loan Owner Trust 1997-4)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 9.02 shall execute, acknowledge and deliver to the Depositor, the Servicer Indenture Trustee and to its predecessor Owner Trustee an instrument accepting such appointment under this Owner Trust Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective effective, and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Owner Trust Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Owner Trust Agreement; and the Depositor and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section 9.03 unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.19.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this SectionSection 9.03, the Servicer Indenture Trustee shall mail notice of the successor of such Owner Trustee thereof to the Certificateholderall Certificateholders, the Indenture Trustee, the Noteholders and the Rating Agencies. If the Servicer Indenture Trustee shall fail to mail such notice within 10 days after acceptance of such appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerIndenture Trustee.

Appears in 7 contracts

Samples: Owner Trust Agreement (Deutsche Alt-a Securities Inc), Owner Trust Agreement (Residential Funding Mortgage Securities Ii Inc), Owner Trust Agreement (Nomura Home Equity Loan, Inc.)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.02 shall execute, acknowledge and deliver to the Depositor, the Servicer Administrator and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall shall, upon payment of its fees and expenses expenses, deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Transferor, the Administrator and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Transferor shall mail notice of the successor of such Owner Trustee to the Certificateholderall Trust Certificateholders, the Trustee, the Noteholders Indenture Trustee and the each Rating AgenciesAgency. If the Servicer Transferor shall fail to mail such notice within 10 ten days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerTransferor.

Appears in 6 contracts

Samples: Trust Agreement (Ryder Truck Rental Lt), Trust Agreement (BMW Auto Leasing LLC), Trust Agreement (BMW Auto Leasing LLC)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.02 shall execute, acknowledge and deliver to the DepositorAdministrator, the Servicer and to its predecessor Owner Trustee Trustee, an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective effective, and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Administrator and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Administrator shall mail notice of the successor of such Owner Trustee thereof to the CertificateholderCertificateholders, the Indenture Trustee, the Noteholders and the each Rating Agencies. If the Servicer shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerAgency.

Appears in 6 contracts

Samples: Trust Agreement (Harley-Davidson Motorcycle Trust 2016-A), Trust Agreement (Harley-Davidson Motorcycle Trust 2015-2), Trust Agreement (Harley-Davidson Motorcycle Trust 2015-1)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.02 shall execute, acknowledge and deliver to the DepositorAdministrator, the Servicer and to its predecessor Owner Trustee Trustee, an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective effective, and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Administrator and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Administrator shall mail notice of the successor of such Owner Trustee thereof to the CertificateholderCertificateholders, the Indenture Trustee, the Noteholders and the Rating Agencies. If the Servicer shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner TrusteeNoteholders[, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerSwap Counterparty] and each Rating Agency.

Appears in 6 contracts

Samples: Trust Agreement (Harley-Davidson Customer Funding Corp.), Trust Agreement (Harley-Davidson Customer Funding Corp.), Trust Agreement (Harley-Davidson Customer Funding Corp.)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.2 shall execute, acknowledge and deliver to the DepositorServicer, the Servicer Security Insurer and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; Agreement and the Depositor Servicer and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.1. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer shall mail notice of thereof to all Certificateholders, the successor of such Owner Trustee to the CertificateholderSecurity Insurer, the Trustee, the Noteholders and the Rating Agencies. If the Servicer shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the Servicer.

Appears in 6 contracts

Samples: Trust Agreement (Franklin Auto Trust 2003-2), Trust Agreement (Franklin Auto Trust 2004-2), Trust Agreement (Franklin Auto Trust 2004-1)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 9.02 shall execute, acknowledge and deliver to the Depositor, the Servicer Indenture Trustee and to its predecessor Owner Trustee an instrument accepting such appointment under this Trust Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective effective, and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Trust Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Trust Agreement; and the Depositor and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section 9.03 unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.19.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this SectionSection 9.03, the Servicer Owner Trustee shall mail notice of the successor of such Owner Trustee thereof to the Certificateholderall Certificateholders, the Indenture Trustee, the Noteholders Noteholders, the Note Insurer and the Rating Agencies. If the Servicer shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the Servicer.

Appears in 6 contracts

Samples: Trust Agreement (GSR Trust 2007-Hel1), Trust Agreement (Merrill Lynch Mortgage Investors Inc), Trust Agreement (Merrill Lynch Mortgage Investors Inc)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 shall execute, acknowledge and deliver to the DepositorTransferor, the Servicer Certificateholder, the Servicer, the Note Insurer and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Transferor, the Certificateholder and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.1. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, (i) the Servicer shall mail notice of the successor of such Owner Trustee to the Certificateholder, the Indenture Trustee, the Noteholders and the Rating AgenciesAgencies and (ii) the successor Owner Trustee shall file an amendment to the Certificate of Trust with the secretary of State identifying its name and principal place of business in the State of Delaware. If the Servicer shall fail to mail such notice within 10 ten (10) days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the Servicer.

Appears in 6 contracts

Samples: Trust Agreement (Long Beach Acceptance Auto Receivables Trust 2005-A), Trust Agreement (Long Beach Acceptance Corp), Trust Agreement (Long Beach Acceptance Corp)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.2 shall execute, acknowledge and deliver to the DepositorAdministrator, the Servicer Securities Insurer and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner TrusteeTrustee (if acceptable to the Securities Insurer), without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties duties, and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Administrator and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties duties, and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.1. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Administrator shall mail notice of the successor of such Owner Trustee to the Certificateholderall Owners, the Indenture Trustee, the Noteholders Noteholders, the Securities Insurer and the Rating Agencies. If the Servicer shall fail Administrator fails to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerAdministrator.

Appears in 6 contracts

Samples: Trust Agreement (Firstplus Investment Corp), Owner Trust Agreement (Painewebber Mort Acce Corp Iv Fremont Home Ln Own Tr 1999-2), Owner Trust Agreement (Painewebber Mort Acce Corp Iv Fremont Home Ln Own Tr 1999-1)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.02 shall execute, acknowledge and deliver to the Depositor, the Servicer Administrator and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective effective, and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; Agreement and the Depositor Administrator and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Administrator shall mail notice of the successor of such Owner Trustee thereof to the Certificateholderall Certificateholders, the Indenture Trustee, the Noteholders and the each Rating AgenciesAgency. If the Servicer Administrator shall fail to mail such notice within 10 ten days after acceptance of such appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerAdministrator.

Appears in 6 contracts

Samples: Trust Agreement (American Honda Receivables Corp), Trust Agreement (American Honda Receivables Corp Honda Auto Re 2001-2 Own Tr), Trust Agreement (American Honda Receivables Corp)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 shall execute, acknowledge and deliver to the DepositorTransferor, the Servicer Certificateholders, the Servicer, the Note Insurer and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Transferor, the Certificateholders and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.1. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, (i) the Servicer shall mail notice of the successor of such Owner Trustee to the CertificateholderCertificateholders, the Indenture Trustee, the Noteholders and the Rating AgenciesAgencies and (ii) the successor Owner Trustee shall file an amendment to the Certificate of Trust with the secretary of State identifying its name and principal place of business in the State of Delaware. If the Servicer shall fail to mail such notice within 10 ten (10) days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the Servicer.

Appears in 6 contracts

Samples: Trust Agreement (Long Beach Acceptance Receivables Corp. II), Trust Agreement (Long Beach Acceptance Auto Receivables Trust 2005-B), Trust Agreement (Long Beach Acceptance Corp)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 9.02 shall execute, acknowledge and deliver to the Depositor, the Servicer Indenture Trustee and to its predecessor Owner Trustee an instrument accepting such appointment under this Owner Trust Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective effective, and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Owner Trust Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Owner Trust Agreement; and the Depositor and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section 9.03 unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.19.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this SectionSection 9.03, the Servicer Indenture Trustee shall mail notice of the successor of such Owner Trustee thereof to the Certificateholder, the Trustee, the Noteholders and the Rating Agencies. If the Servicer Indenture Trustee shall fail to mail such notice within 10 days after acceptance of such appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerIndenture Trustee.

Appears in 6 contracts

Samples: Owner Trust Agreement (Residential Funding Mortgage Securities Ii Inc), Owner Trust Agreement (Residential Funding Mortgage Securities Ii Inc), Owner Trust Agreement (Residential Fund Mort Sec Home Loan-BCKD NTS Ser 2004-Hi1)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.02 shall execute, acknowledge and deliver to the DepositorAdministrator, the Servicer and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective effective, and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Administrator and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Administrator shall mail notice of the successor of such Owner Trustee thereof to the CertificateholderCertificateholders, the Indenture Trustee, the Noteholders and the each Rating Agencies. If the Servicer shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerAgency.

Appears in 6 contracts

Samples: Trust Agreement (Harley-Davidson Motorcycle Trust 2011-2), Trust Agreement (Harley-Davidson Motorcycle Trust 2011-2), Trust Agreement (Harley-Davidson Motorcycle Trust 2011-1)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.2 shall execute, acknowledge and deliver to the Depositor, the Servicer Administrator and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as the Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Administrator and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.1. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Administrator shall mail notice of the successor of such Owner Trustee to the Certificateholderall Certificateholders, the Trustee, the Noteholders and the Rating Agencies. If the Servicer Administrator shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerAdministrator.

Appears in 5 contracts

Samples: Execution (Chase Manhattan Bank Usa), Trust Agreement (Chase Manhattan Auto Owner Trust 1998-C), Form of Trust Agreement (Chase Manhattan Bank Usa National Association)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.2 shall execute, acknowledge and deliver to the Depositor, the Master Servicer and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Master Servicer and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.1. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Master Servicer shall mail notice of the successor of such Owner Trustee to the Certificateholderall Certificateholders, the Trustee, the Noteholders and the Rating Agencies. If the Master Servicer shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the Master Servicer.

Appears in 5 contracts

Samples: Trust Agreement (Chec Asset Receivables Corp), Trust Agreement (Structured Asset Mortgage Investments Inc), Trust Agreement (Avco Abs Receivables Corp)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.02 shall execute, acknowledge and deliver to the Depositor, the Servicer Administrator and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective effective, and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Depositor, the Administrator and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Administrator shall mail notice of the successor of such Owner Trustee thereof to the CertificateholderCertificateholders, the Indenture Trustee, the Noteholders and the each Rating AgenciesAgency. If the Servicer Administrator shall fail to mail such notice within 10 [ ] days after acceptance of such appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerAdministrator.

Appears in 4 contracts

Samples: Trust Agreement (HMB Acceptance Corp.), Trust Agreement (BLG Securities Company, LLC), Trust Agreement (HMB Acceptance Corp.)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.2 shall execute, acknowledge and deliver to the Depositor, the Servicer and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Servicer and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.1. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer shall mail notice of the successor of such Owner Trustee to the Certificateholderall Certificateholders, the Trustee, the Noteholders and the Rating Agencies. If the Servicer shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the Servicer.

Appears in 4 contracts

Samples: Trust Agreement (Barnett Auto Receivables Corp), Trust Agreement (Mellon Auto Receivables Corp), Trust Agreement (Barnett Auto Receivables Corp)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.01 shall execute, acknowledge execute and deliver to the Administrator, the Depositor, the Servicer and to its the predecessor Owner Trustee an instrument accepting such appointment as trustee under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such effective. The successor Owner Trustee, without any further act, deed or conveyance, Trustee shall become fully vested with all the rights, powers, duties rights and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner TrusteeTrustee without any further act, deed, or conveyance. The predecessor Owner Trustee shall upon payment of its fees and expenses promptly deliver to the successor Owner Trustee all documents and statements documents, statements, and monies held by it under this Agreement; and the Depositor . The Administrator and the predecessor Owner Trustee shall execute and deliver such any instruments and do such other things as may reasonably be required anything else for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties rights and obligationsobligations under this Agreement. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.1. Upon acceptance of appointment by When a successor Owner Trustee accepts its appointment pursuant to this Section, the Servicer Administrator shall mail notice of the successor of such Owner Trustee change in trustee to the CertificateholderCertificateholders, the Depositor, the Indenture Trustee, the Noteholders Noteholders, and the Rating Agencies. If the Servicer shall fail Administrator fails to mail such that notice within 10 ten days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such mail that notice to be mailed at the expense of the ServicerAdministrator. The successor Owner Trustee shall file an amendment to the Certificate of Trust with the Secretary of State of the State of Delaware identifying the name and principal place of business in the State of Delaware of the successor Owner Trustee.

Appears in 4 contracts

Samples: Trust Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-G), Trust Agreement (CWHEQ, Inc.), Trust Agreement (CWHEQ, Inc.)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.02 shall execute, acknowledge and deliver to the DepositorAdministrator, the Servicer Insurer and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective effective, and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Administrator and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Administrator shall mail notice of the successor of such Owner Trustee thereof to the Certificateholderall Certificateholders, the Insurer, the Indenture Trustee, the Noteholders and the each Rating AgenciesAgency. If the Servicer Administrator shall fail to mail such notice within 10 ten days after acceptance of such appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerAdministrator.

Appears in 4 contracts

Samples: Trust Agreement (WFS Financial 1997-D Owner Trust), Trust Agreement (WFS Financial 1997-a Owners Trust), Trust Agreement (WFS Financial 1997-C Owner Trust)

Successor Owner Trustee. Any successor Owner Trustee owner trustee appointed pursuant to Section 9.2 9.02 shall execute, acknowledge and deliver to the Depositor, the Servicer Indenture Trustee and to its predecessor Owner Trustee an instrument accepting such appointment under this Trust Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective effective, and such successor Owner Trusteeowner trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Trust Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee owner trustee all documents and statements and monies held by it under this Trust Agreement; and the Depositor and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee owner trustee all such rights, powers, duties and obligations. No successor Owner Trustee owner trustee shall accept appointment as provided in this Section 9.03 unless at the time of such acceptance such successor Owner Trustee owner trustee shall be eligible pursuant to Section 9.19.01. Upon acceptance of appointment by a successor Owner Trustee owner trustee pursuant to this SectionSection 9.03, the Servicer Owner Trustee shall mail notice of the successor of such Owner Trustee thereof to the Certificateholderall Certificateholders, the Indenture Trustee, the Noteholders and the Rating Agencies. If the Servicer shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the Servicer.

Appears in 4 contracts

Samples: Trust Agreement (Alesco Financial Inc), Trust Agreement (Bear Stearns ARM Trust 2007-2), Trust Agreement (Bear Stearns ARM Trust 2007-2)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 shall will execute, acknowledge and deliver to the Depositor, the Servicer Servicer, the Administrator, the Security Insurer and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall will become effective and such successor Owner Trustee, without any further act, deed or conveyance, shall will become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall will upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Depositor, the Administrator and the predecessor Owner Trustee shall will execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall will accept appointment as provided in this Section 9.3 unless at the time of such acceptance such successor Owner Trustee shall will be eligible pursuant to Section 9.1. Upon acceptance of appointment by a successor Owner Trustee pursuant to this SectionSection 9.3, the Servicer shall Administrator will mail notice of the successor of such Owner Trustee to the CertificateholderCertificateholders, the Indenture Trustee, the Noteholders Noteholders, the Security Insurer and the Rating Agencies. If the Servicer shall fail Administrator fails to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall will cause such notice to be mailed at the expense of the ServicerAdministrator.

Appears in 3 contracts

Samples: Trust Agreement (Triad Financial Special Purpose LLC), Trust Agreement (Triad Financial Special Purpose LLC), Trust Agreement (Triad Automobile Receivables Trust 2006-B)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.2 shall execute, acknowledge and deliver to the Depositor, the Master Servicer and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Master Servicer and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section 10.3 unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.1. Upon acceptance of appointment by a successor Owner Trustee pursuant to this SectionSection 10.3, the Master Servicer shall mail notice of the successor of such Owner Trustee to the Certificateholderall Certificateholders, the Trustee, the Noteholders and the Rating Agencies. If the Master Servicer shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the Master Servicer.

Appears in 3 contracts

Samples: Trust Agreement (Gs Mortgage Securities Corp), Trust Agreement (Gs Mortgage Securities Corp), Trust Agreement (Gs Mortgage Securities Corp)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.2 shall execute, acknowledge and deliver to the Depositor, the Servicer Administrator and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, Trustee without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents documents, statements, moneys and statements and monies properties held by it under this Agreement; and the Depositor Administrator and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept such appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.1. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Administrator shall mail notice of the successor of such Owner Trustee to the Excess Distribution Certificateholder, the Indenture Trustee, the Noteholders and the Rating AgenciesAgencies then rating the Notes. If the Servicer Administrator shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerAdministrator.

Appears in 3 contracts

Samples: Trust Agreement (Navient Student Loan Trust 2015-3), Trust Agreement (Navient Student Loan Trust 2015-2), Trust Agreement (Navient Student Loan Trust 2015-1)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 9.02 shall execute, acknowledge and deliver to the Depositor, the Servicer Indenture Trustee and to its predecessor Owner Trustee an instrument accepting such appointment under this Trust Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective effective, and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Trust Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Trust Agreement; and the Depositor and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section 9.03 unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.19.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this SectionSection 9.03, the Servicer Owner Trustee shall mail notice of the successor of such Owner Trustee thereof to the Certificateholder, the Indenture Trustee, the Noteholders Noteholders, the Securities Administrator and the Rating Agencies. If the Servicer shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the Servicer.

Appears in 3 contracts

Samples: Trust Agreement (American Home Mortgage Investment Trust 2006-2), Trust Agreement (American Home Mortgage Investment Trust 2006-3), Trust Agreement (American Home Mortgage Investment Trust 2007-2)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.2 shall execute, acknowledge and deliver to the DepositorSeller, the Servicer Administrator and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as the Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Seller and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.1. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Seller shall mail (or shall cause to be mailed) notice of the successor of such Owner Trustee to the each Certificateholder, the Indenture Trustee, the Noteholders and each of the Rating Agencies. If the Servicer Seller shall fail to mail (or cause to be mailed) such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerSeller.

Appears in 3 contracts

Samples: Trust Agreement (Fifth Third Holdings Funding, LLC), Trust Agreement (Fifth Third Holdings Funding, LLC), Trust Agreement (Fifth Third Holdings Funding, LLC)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.2 shall execute, acknowledge and deliver to the Depositor, the Servicer Administrator and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as the Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Administrator and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section 10.2 unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.1. Upon acceptance of appointment by a successor Owner Trustee pursuant to this SectionSection 10.3, the Servicer Administrator shall mail notice of the successor of such Owner Trustee to the Certificateholderall Certificateholders, the Indenture Trustee, the Noteholders and each of the Rating Agencies. If the Servicer Administrator shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerAdministrator.

Appears in 3 contracts

Samples: Trust Agreement (M&i Dealer Auto Securitization LLC), Trust Agreement (M&i Dealer Auto Securitization LLC), Trust Agreement (M&i Auto Loan Trust 2002-1)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.02 shall execute, acknowledge and deliver to the Depositor, the Servicer Administrator and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties duties, and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Administrator and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties duties, and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Administrator shall mail notice of the successor of such Owner Trustee to the Certificateholderall Certificateholders, the Indenture Trustee, the Noteholders and the Rating Agencies. If the Servicer Administrator shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerAdministrator.

Appears in 3 contracts

Samples: Trust Agreement (Deere John Receivables Inc), Trust Agreement (Deere John Receivables Inc), Trust Agreement (Deere John Receivables Inc)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 9.02 shall execute, acknowledge and deliver to the DepositorIndenture Trustee, the Servicer and to its predecessor Owner Trustee and to the Enhancer an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective effective, and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor and the such predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section Section, unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.19.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Indenture Trustee shall mail notice of the successor of such Owner Trustee thereof to the CertificateholderCertificateholders and the Noteholders, the Trustee, the Noteholders Rating Agencies and the Rating AgenciesEnhancer. If the Servicer Indenture Trustee shall fail to mail such notice within 10 days after acceptance of such appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerIndenture Trustee.

Appears in 3 contracts

Samples: Trust Agreement (Bear Stearns Asset Backed Securities Inc), Trust Agreement (Bear Stearns Asset Backed Securities Inc), Trust Agreement (Irwin Home Equity Loan Trust 2004-1)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 shall execute, acknowledge and deliver to the Depositor, the Servicer and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.1. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer shall mail notice of the successor of such Owner Trustee to the CertificateholderCertificateholder[s], the Trustee, the Noteholders and the Rating Agencies. If the Servicer shall fail to mail such notice within 10 ten (10) days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the Servicer.

Appears in 3 contracts

Samples: Trust Agreement (Afs Sensub Corp.), Trust Agreement (Afs Sensub Corp.), Trust Agreement (Afs Sensub Corp.)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.01 or 10.02 shall execute, acknowledge and deliver to the Depositor, the Servicer Administrator and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective effective, and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall shall, upon payment of its fees and expenses expenses, deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Administrator and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Administrator shall mail notice of the successor of such Owner Trustee thereof to the Certificateholderall Certificateholders, the Master Servicer, the Indenture Trustee, the Noteholders and the Rating Agencies. If the Servicer Administrator shall fail to mail such notice within 10 days after acceptance of such appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerAdministrator.

Appears in 3 contracts

Samples: Trust Agreement (Regions Auto Receivables Trust 2002-1), Trust Agreement (Regions Acceptance LLC Regions Auto Receivables Tr 2003-2), Trust Agreement (Regions Auto Receivables Trust 2003-1)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.02 shall execute, acknowledge and deliver to the DepositorAdministrator, the Servicer and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective effective, and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Administrator and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Administrator shall mail notice of the successor of such Owner Trustee thereof to the Certificateholder, the Indenture Trustee, the Noteholders Noteholders, the Swap Counterparty and the each Rating AgenciesAgency. If the Servicer Administrator shall fail to mail such notice within 10 ten days after acceptance of such appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerAdministrator.

Appears in 3 contracts

Samples: Trust Agreement (Harley Davidson Customer Funding Corp), Trust Agreement (Harley-Davidson Motorcycle Trust 2007-3), Trust Agreement (Harley-Davidson Motorcycle Trust 2008-1)

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Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 9.02 shall execute, acknowledge and deliver to the Depositor, the Servicer Indenture Trustee and to its predecessor Owner Trustee an instrument accepting such appointment under this Trust Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective effective, and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Trust Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Trust Agreement; and the Depositor and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section 9.03 unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.19.01 hereof. Upon acceptance of appointment by a successor Owner Trustee pursuant to this SectionSection 9.03, the Servicer Owner Trustee shall mail notice of the successor of such Owner Trustee thereof to the Certificateholderall Certificateholders, the Indenture Trustee, the Noteholders and the Rating Agencies. If the Servicer shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the Servicer.

Appears in 3 contracts

Samples: Trust Agreement (Peoples Choice Home Loan Securities Trust Series 2005-4), Trust Agreement (Peoples Choice Home Loan Securities Trust Series 2005-3), Trust Agreement (Peoples Choice Home Loan Securities Trust Series 2005-2)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.02 shall execute, acknowledge and deliver to the Depositor, the Servicer Administrator and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective effective, and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Administrator and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Administrator shall mail notice of the successor of such Owner Trustee thereof to the Certificateholderall Holders, the Depositor, the Indenture Trustee, the Noteholders and the Rating AgenciesAgency. If the Servicer Administrator shall fail to mail such notice within 10 ten days after acceptance of such appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerAdministrator.

Appears in 3 contracts

Samples: Trust Agreement (Onyx Acceptance Corp), Trust Agreement (Onyx Acceptance Corp), Trust Agreement (Onyx Acceptance Corp)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.02 shall execute, acknowledge and deliver to the Depositor, [the Servicer Note Insurer,] the Administrator and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective effective, and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Depositor, the Administrator and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Administrator shall mail notice of the successor of such Owner Trustee thereof to the CertificateholderCertificateholders, the Indenture Trustee, the Noteholders and the each Rating AgenciesAgency. If the Servicer Administrator shall fail to mail such notice within 10 days after acceptance of such appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerAdministrator.

Appears in 3 contracts

Samples: Deposit Trust Agreement (Banccap Asset Securization Issuance Corp), Trust Agreement (Finance America Securities LLC), Deposit Trust Agreement (Aegis Asset Backed Securities Corp)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 9.02 shall execute, acknowledge and deliver to the Depositor, the Servicer Transferor and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties duties, and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Transferor and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties duties, and obligations. No successor Owner Trustee shall accept appointment as provided in this Section 9.03 unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.19.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Transferor shall mail notice of such acceptance of appointment including the successor name of such successor Owner Trustee to the Certificateholder, the Indenture Trustee, the Noteholders and the each Rating AgenciesAgency. If the Servicer Transferor shall fail to mail such notice within 10 ten (10) days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerTransferor.

Appears in 3 contracts

Samples: Trust Agreement (HSBC Credit Card Master Note Trust (Usa) I), Trust Agreement (HSBC Private Label Credit Card Master Note Trust (Usa) I), Trust Agreement (Household Consumer Loan Corp Ii)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 shall execute, acknowledge and deliver to the DepositorTransferor, the Servicer Certificateholder, the Servicer[, the Note Insurer] and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Transferor, the Certificateholder and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.1. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, (i) the Servicer shall mail notice of the successor of such Owner Trustee to the Certificateholder, the Indenture Trustee, the Noteholders and the Rating AgenciesAgencies and (ii) the successor Owner Trustee shall file an amendment to the Certificate of Trust with the secretary of State identifying its name and principal place of business in the State of Delaware. If the Servicer shall fail to mail such notice within 10 ten (10) days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the Servicer.

Appears in 3 contracts

Samples: Trust Agreement (Long Beach Acceptance Receivables Corp.), Trust Agreement (Long Beach Acceptance Corp), Trust Agreement (Triad Financial Corp)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.01 shall execute, acknowledge execute and deliver to the Administrator, the Depositor, the Servicer and to its the predecessor Owner Trustee an instrument accepting such appointment as trustee under this Master Trust Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such effective. The successor Owner Trustee, without any further act, deed or conveyance, Trustee shall become fully vested with all the rights, powers, duties rights and obligations of its predecessor under this Master Trust Agreement, with like effect as if originally named as Owner TrusteeTrustee without any further act, deed, or conveyance. The predecessor Owner Trustee shall upon payment of its fees and expenses promptly deliver to the successor Owner Trustee all documents and statements documents, statements, and monies held by it under this any Agreement; and the Depositor . The Administrator and the predecessor Owner Trustee shall execute and deliver such any instruments and do such other things as may reasonably be required anything else for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties rights and obligationsobligations under any Agreement. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.1. Upon acceptance of appointment by When a successor Owner Trustee accepts its appointment pursuant to this Section, the Servicer Administrator shall mail notice of the successor of such Owner Trustee change in trustee to the CertificateholderCertificateholders, the Depositor, the Indenture Trustee, the Noteholders Noteholders, the Credit Enhancer, and the Rating Agencies. If the Servicer shall fail Administrator fails to mail such that notice within 10 ten days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such mail that notice to be mailed at the expense of the ServicerAdministrator. The successor Owner Trustee shall file an amendment to the Certificate of Trust with the Secretary of State of the State of Delaware identifying the name and principal place of business in the State of Delaware of the successor Owner Trustee.

Appears in 3 contracts

Samples: Master Trust Agreement (Cwabs Inc Revolving Home Eq Loan Asset BKD Notes Ser 2001-B), Master Trust Agreement (Cwabs Inc), Master Trust Agreement (Cwabs Inc)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 9.02 shall execute, acknowledge and deliver to the Depositor, the Servicer Indenture Trustee and to its predecessor Owner Trustee an instrument accepting such appointment under this Trust Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective effective, and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Trust Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Trust Agreement; and the Depositor and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section 9.03 unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.19.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this SectionSection 9.03, the Servicer Indenture Trustee shall mail notice of the successor of such Owner Trustee thereof to the Certificateholder, the Trusteeall Certificateholders, the Noteholders and the Rating Agencies. If the Servicer Indenture Trustee shall fail to mail such notice within 10 days after acceptance of such appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerIssuer.

Appears in 3 contracts

Samples: Trust Agreement (Home Loan Trust 2007-Hi1), Trust Agreement (Home Loan Trust 2006-Hi5), Trust Agreement (Residential Funding Mortgage Securities Ii Inc)

Successor Owner Trustee. Any successor Owner Trustee Trustee, appointed pursuant to Section 9.2 10.02 shall execute, acknowledge and deliver to the Depositor, the Servicer Administrator and to its predecessor Owner Trustee an instrument accepting such appointment under this Trust Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, Trustee without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Trust Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents documents, statements, moneys and statements and monies properties held by it under this Trust Agreement; and the Depositor Administrator and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.01 or Section 3807(a) of the Delaware Statutory Trust Act). Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Administrator shall mail notice of the successor of such Owner Trustee to the Certificateholderholder of the Trust Certificate, the Indenture Trustee, all holders of the Noteholders Notes and the Rating Agencies. If the Servicer Administrator shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, Trustee the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerAdministrator.

Appears in 2 contracts

Samples: Trust Agreement (Key Consumer Receivables LLC), Trust Agreement (KeyCorp Student Loan Trust 2005-A)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 9.02 shall execute, acknowledge and deliver to the Depositor, the Servicer Indenture Trustee and to its predecessor Owner Trustee an instrument accepting such appointment under this Trust Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective effective, and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Trust Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Trust Agreement; and the Depositor and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section 9.03 unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.19.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this SectionSection 9.03, the Servicer Owner Trustee shall mail notice of the successor of such Owner Trustee thereof to the Certificateholderall Certificateholders, the Indenture Trustee, the Noteholders Bond Insurer, Bondholders and the Rating Agencies. If the Servicer shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the Servicer.

Appears in 2 contracts

Samples: Trust Agreement (Imh Assets Corp., Collateralized Asset-Backed Bonds, Series 2005-7), Trust Agreement (IMH Assets Corp., Collateralized Asset-Backed Bonds, Series 2005-6)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 9.02 shall execute, acknowledge and deliver to the Depositor, the Servicer Indenture Trustee and to its predecessor Owner Trustee an instrument accepting such appointment under this Trust Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective effective, and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Trust Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Trust Agreement; and the Depositor and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section 9.03 unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.19.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this SectionSection 9.03, the Servicer Indenture Trustee shall mail notice of the successor of such Owner Trustee thereof to the Certificateholderall Certificateholders, the Indenture Trustee, the Noteholders and the Rating Agencies. If the Servicer Indenture Trustee shall fail to mail such notice within 10 days after acceptance of such appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerIndenture Trustee.

Appears in 2 contracts

Samples: Trust Agreement (Irwin Whole Loan Home Equity Trust 2005-C), Trust Agreement (Irwin Whole Loan Home Equity Trust 2005-B)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.2 shall execute, acknowledge and deliver to the Depositor, the Servicer Administrator and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as the Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Administrator and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.1. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Administrator shall mail notice of the successor of such Owner Trustee to the Certificateholderall Certificateholders, the Trustee, the Noteholders and the Rating Agencies. If the Servicer Administrator shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the Servicer.successor

Appears in 2 contracts

Samples: Trust Agreement (Chase Manhattan Auto Owner Trust 1998-B), Trust Agreement (Chase Manhattan Bank Usa National Association)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.2 shall execute, acknowledge and deliver to the DepositorHolder of the GP Interest, the Servicer Security Insurer, the Servicer, and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Servicer and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.1. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer shall mail notice of the successor of such Owner Trustee to all Certificateholders, the CertificateholderSecurity Insurer, the Trustee, the Noteholders and the Rating Agencies. If the Servicer shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the Servicer.

Appears in 2 contracts

Samples: Trust Agreement (TMS Auto Holdings Inc), Trust Agreement (TMS Auto Holdings Inc)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 9.02 shall execute, acknowledge and deliver to the Depositor, the Servicer Administrator and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties duties, and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Administrator and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties duties, and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.19.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Administrator shall mail notice of the successor of such Owner Trustee to the CertificateholderOwner, the Indenture Trustee, the Noteholders and the Rating Agencies. If the Servicer Administrator shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerAdministrator.

Appears in 2 contracts

Samples: Trust Agreement (Metlife Capital Equipment Loan Trusts), Trust Agreement (Metlife Capital Equipment Loan Trusts)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 shall execute, acknowledge and deliver to the Depositor, the Servicer Indenture Trustee, the Servicer, the Agent and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses payable to it in its individual capacity deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.1. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer shall mail notice of the successor of such Owner Trustee to the Certificateholder, the Indenture Trustee, the Noteholders Depositor, the Agent and the Rating AgenciesNoteholders. If the Servicer shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the Servicer.

Appears in 2 contracts

Samples: Trust Agreement (Bay View Capital Corp), Trust Agreement (Bay View Capital Corp)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 SECTION 10.02 shall execute, acknowledge and deliver to the DepositorAdministrator, the Servicer and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective effective, and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Administrator and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.1SECTION 10.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Administrator shall mail notice of the successor of such Owner Trustee thereof to the Certificateholderall Certificateholders, the Indenture Trustee, the Noteholders and the each Rating AgenciesAgency. If the Servicer Administrator shall fail to mail such notice within 10 ten days after acceptance of such appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerAdministrator.

Appears in 2 contracts

Samples: Trust Agreement (Dealer Auto Receivables Corp), Trust Agreement (Dealer Auto Receivables Corp)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 9.02 shall execute, acknowledge and deliver to the Depositor, the Servicer Trust Administrator and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, Trustee without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties duties, and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Trust Administrator and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties duties, and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.19.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Trust Administrator shall mail notice of the successor of such Owner Trustee to the Certificateholderall Certificateholders, the Indenture Trustee, the Noteholders and the Rating AgenciesAgency. If the Servicer shall fail Trust Administrator fails to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerTrust Administrator.

Appears in 2 contracts

Samples: Trust Agreement (Greenwich Capital Acceptance, Inc New York Mortgage Trust 2005-1), Trust Agreement (New York Mortgage Trust 2005-2)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.2 shall execute, acknowledge and deliver to the DepositorServicer, the Servicer and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; Agreement and the Depositor Servicer and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.1. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer shall mail notice of the successor of such Owner Trustee thereof to the Certificateholderall Certificateholders, the Indenture Trustee, the Noteholders and the Rating Agencies. If the Servicer shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the Servicer.

Appears in 2 contracts

Samples: Trust Agreement (Franklin Auto Trust 2005-1), Trust Agreement (Franklin Receivables LLC)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.2 shall execute, acknowledge and deliver to the Depositor, the Servicer General Partner and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties duties, and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor General Partner and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties duties, and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.1. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer General Partner shall mail notice of the successor of such Owner Trustee to the Certificateholderall Certificateholders, the Indenture Trustee, the Noteholders and the Rating Agencies. If the Servicer General Partner shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerGeneral Partner.

Appears in 2 contracts

Samples: Trust Agreement (Arcadia Financial LTD), Trust Agreement (Olympic Financial LTD)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.2 shall execute, acknowledge and deliver to the Depositor, the Servicer Depositor and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties duties, and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties duties, and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.1. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Depositor shall mail notice of the successor of such Owner Trustee to the Equity Certificateholder, the Indenture Trustee, the Noteholders and the Rating Agencies. If the Servicer Depositor shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerDepositor.

Appears in 2 contracts

Samples: Trust Agreement (Antigua Funding Corp), Trust Agreement (Antigua Funding Corp)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 9.02 shall execute, acknowledge and deliver to the Depositor, the Servicer Indenture Trustee and to its predecessor Owner Trustee an instrument accepting such appointment under this Trust Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective effective, and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Trust Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Trust Agreement; and the Depositor and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section 9.03 unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.19.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this SectionSection 9.03, the Servicer Owner Trustee shall mail notice of the successor of such Owner Trustee thereof to the Certificateholderall Certificateholders, the Indenture Trustee, the Noteholders Bondholders, the Bond Insurer and the Rating Agencies. If the Servicer shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the Servicer.

Appears in 2 contracts

Samples: Trust Agreement (Novastar Mortgage Funding Corp), Trust Agreement (Merrill Lynch Mortgage Investors Inc)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.2 shall execute, acknowledge and deliver to the Depositor, the Servicer Administrator and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Administrator and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.1. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Administrator shall mail notice of the successor of such Owner Trustee to the Certificateholderall Certificateholders, the Indenture Trustee, the Noteholders and each of the Rating Agencies. If the Servicer Administrator shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerAdministrator.

Appears in 2 contracts

Samples: Trust Agreement (Amsouth Auto Receivables LLC), Trust Agreement (Wells Fargo Auto Receivables Corp)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.02 shall execute, acknowledge and deliver to the DepositorSeller, the Servicer Certificateholder and to its predecessor Owner Trustee Trustee, with a copy thereof delivered to the Administrator, an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties duties, and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Seller and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties duties, and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Seller shall mail notice of the successor of such Owner Trustee to the Certificateholder, the Indenture Trustee, the Noteholders and the Rating Agencies. If the Servicer Seller shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerSeller.

Appears in 2 contracts

Samples: Trust Agreement (Caterpillar Financial Asset Trust 2005-A), And Restated Trust Agreement (Caterpillar Financial Asset Trust 2004-A)

Successor Owner Trustee. Any successor Owner Trustee appointed ----------------------- pursuant to Section 9.2 shall execute, acknowledge and deliver to the Depositor, the Servicer Seller and ----------- to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties duties, and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Seller and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties duties, and obligations. No successor Owner Trustee shall accept appointment as provided in this Section 9.3 unless at the time of such acceptance such successor Owner Trustee ----------- shall be eligible pursuant to Section 9.1. ----------- Upon acceptance of appointment by a successor Owner Trustee pursuant to this SectionSection 9.3, the Servicer Seller shall mail notice of such acceptance of appointment ----------- including the successor name of such successor Owner Trustee to the CertificateholderSeller, the Indenture Trustee, the Noteholders and the each Rating AgenciesAgency. If the Servicer Seller shall fail to mail such notice within 10 ten (10) days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerSeller.

Appears in 2 contracts

Samples: Trust Agreement (First Consumers Master Trust), Trust Agreement (Spiegel Master Trust)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.02 shall execute, acknowledge and deliver to the DepositorAdministrator, the Servicer Insurer and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective effective, and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Administrator and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Administrator shall mail notice of the successor of such Owner Trustee thereof to the Certificateholderall Owners, the Insurer, the Indenture Trustee, the Noteholders and the each Rating AgenciesAgency. If the Servicer Administrator shall fail to mail such notice within 10 ten days after acceptance of such appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerAdministrator.

Appears in 2 contracts

Samples: Trust Agreement (Onyx Acceptance Financial Corp), Trust Agreement (Onyx Acceptance Financial Corp)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 shall execute, acknowledge and deliver to the Depositor, the Servicer Administrator and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as the Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Administrator and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.1. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Administrator shall mail notice of the successor of such Owner Trustee to the CertificateholderCertificateholder , the Trustee, the Noteholders and the Rating Agencies. If the Servicer Administrator shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerAdministrator.

Appears in 2 contracts

Samples: Trust Agreement (Chase Credit Card Master Trust), Trust Agreement (Chase Credit Card Master Trust)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.2 shall execute, acknowledge and deliver to the Depositor, the Servicer Administrator and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Administrator and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.1. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Administrator shall mail notice of the successor of such Owner Trustee to the Certificateholderall Certificateholders, the Indenture Trustee, the Noteholders and each of the Rating Agencies. If the Servicer Administrator shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerAdministrator.

Appears in 2 contracts

Samples: Trust Agreement (Ace Sec Corp Wells Fargo Financial Auto Owner Trust 2004-A), Trust Agreement (Wells Fargo Financial Auto Owner Trust 2005-A)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 15.09 shall execute, acknowledge acknowledge, and deliver to the Depositor, the Servicer and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed deed, or conveyance, shall become fully vested with all the rights, powers, duties duties, and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Servicer and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties duties, and obligations. No successor Owner Trustee shall accept appointment as provided in this Section 15.10 unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.115.08. Upon acceptance of appointment by a successor Owner Trustee pursuant to this SectionSection 15.10, the Servicer shall mail notice of the successor of such Owner Trustee under this Agreement to the Certificateholder, Indenture Trustee and to all Holders of Certificates at their addresses as shown in the Trustee, the Noteholders and the Rating AgenciesCertificate Register. If the Servicer shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the Servicer.

Appears in 2 contracts

Samples: Trust and Servicing Agreement (Bay View Securitization Corp), Trust and Servicing Agreement (Uacsc Auto Trusts)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 14.09 shall execute, acknowledge acknowledge, and deliver to the Depositor, the Servicer and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed deed, or conveyance, shall become fully vested with all the rights, powers, duties duties, and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Servicer and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties duties, and obligations. No successor Owner Trustee shall accept appointment as provided in this Section 14.10 unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.114.08. Upon acceptance of appointment by a successor Owner Trustee pursuant to this SectionSection 14.10, the Servicer shall mail notice of the successor of such Owner Trustee under this Agreement to the Certificateholder, Indenture Trustee and to all Holders of Certificates at their addresses as shown in the Trustee, the Noteholders and the Rating AgenciesCertificate Register. If the Servicer shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the Servicer.

Appears in 2 contracts

Samples: Trust and Servicing Agreement (Bay View Transaction Corp), Trust and Servicing Agreement (Bay View Deposit CORP)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 9.02 shall execute, acknowledge and deliver to the Depositor, the Servicer Depositor and to its predecessor Owner Trustee an instrument accepting such appointment under this Trust Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective effective, and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Trust Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Trust Agreement; and the Depositor and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section 9.03 unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.19.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this SectionSection 9.03, the Servicer successor Owner Trustee shall mail notice of the successor of such Owner Trustee thereof to the Certificateholderall Certificateholders, the Indenture Trustee, the Noteholders and the Rating Agencies. If the Servicer shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the Servicer.

Appears in 2 contracts

Samples: Trust Agreement (Home Equity Mortgage Trust 2007-1), Trust Agreement (Home Equity Mortgage Trust 2006-2)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 9.02 shall execute, acknowledge and deliver to the Depositor, the Servicer Certificate Registrar and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, Trustee without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties duties, and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Certificate Registrar and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties duties, and obligations. No xxxxxxxxxxx.Xx successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.19.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Depositor shall mail notice of the successor of such Owner Trustee to the Certificateholderall Certificateholders, the Indenture Trustee, the Noteholders and the Rating Agencies. If the Servicer shall fail Depositor fails to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerDepositor.

Appears in 2 contracts

Samples: Trust Agreement (Greenpoint Mortgage Funding Trust 2005-He4), Sale and Servicing Agreement (Greenpoint Mortgage Funding Trust 2005-He1)

Successor Owner Trustee. Any successor Owner Trustee ----------------------- appointed pursuant to Section 9.2 10.2 shall execute, acknowledge and deliver to the DepositorServicer, the Servicer Security Insurer and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; Agreement and the Depositor Servicer and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.1. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer shall mail notice of thereof to all Certificateholders, the successor of such Owner Trustee to the CertificateholderSecurity Insurer, the Trustee, the Noteholders and the Rating Agencies. If the Servicer shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the Servicer.

Appears in 2 contracts

Samples: Trust Agreement (Franklin Receivables LLC), Trust Agreement (Franklin Receivables LLC)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.02 shall execute, acknowledge and deliver to the Depositor, the Servicer Administrator and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties duties, and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; : and the Depositor Administrator and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties duties, and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Administrator shall mail notice of the successor of such Owner Trustee to the Certificateholderall Certificateholders, the Indenture Trustee, the Noteholders and the Rating Agencies. If the Servicer Administrator shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerAdministrator.

Appears in 2 contracts

Samples: Trust Agreement (Deere John Receivables Inc), Trust Agreement (Deere John Receivables Inc)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 9.02 shall execute, acknowledge and deliver to the Depositor, the Servicer Indenture Trustee and to its predecessor Owner Trustee an instrument accepting such appointment under this Trust Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective effective, and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Trust Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Trust Agreement; and the Depositor and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section 9.03 unless at the time of such acceptance accep- tance such successor Owner Trustee shall be eligible pursuant to Section 9.19.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this SectionSection 9.03, the Servicer Owner Trustee shall mail notice of the successor of such Owner Trustee thereof to the Certificateholderall Certificateholders, the Indenture Trustee, the Noteholders Bondholders, the Bond Insurer and the Rating Agencies. If the Servicer shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the Servicer.

Appears in 2 contracts

Samples: Trust Agreement (Novastar Mortgage Funding Corp), Trust Agreement (Novastar Mortgage Funding Corp)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.01 or 10.02 shall execute, acknowledge and deliver to the Depositor, the Servicer Administrator and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective effective, and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Administrator and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Administrator shall mail notice of the successor of such Owner Trustee thereof to the Certificateholderall Certificateholders, the Indenture Trustee, the Noteholders Noteholders, the Security Insurer (so long as no Security Insurer Default shall have occurred and be continuing) and the Rating Agencies. If the Servicer Administrator shall fail to mail such notice within 10 days after acceptance of such appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerAdministrator.

Appears in 2 contracts

Samples: Trust Agreement (First Merchants Acceptance Corp), Trust Agreement (First Merchants Acceptance Corp)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.2 shall execute, acknowledge and deliver to the DepositorDepositor and the Servicer, the Servicer and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; Agreement and the Depositor Servicer and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.1. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer shall mail notice of the successor of such Owner Trustee thereof to the Certificateholderall Certificateholders, the Indenture Trustee, the Noteholders and the Rating Agencies. If the Servicer shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the Servicer.

Appears in 2 contracts

Samples: Trust Agreement (Franklin Auto Trust 2006-1), Trust Agreement (Franklin Auto Trust 2007-1)

Successor Owner Trustee. Any successor Owner Trustee ----------------------- appointed pursuant to Section 9.2 shall execute, acknowledge and deliver to the Depositor, the Servicer ----------- Seller and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties duties, and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Seller and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties duties, and obligations. No successor Owner Trustee shall accept appointment as provided in this Section 9.3 unless at the time of such acceptance such successor Owner Trustee ----------- shall be eligible pursuant to Section 9.1. ----------- Upon acceptance of appointment by a successor Owner Trustee pursuant to this SectionSection 9.3, the Servicer Seller shall mail notice of such acceptance of appointment ----------- including the successor name of such successor Owner Trustee to the CertificateholderSeller, the Indenture Trustee, the Noteholders and the each Rating AgenciesAgency. If the Servicer Seller shall fail to mail such notice within 10 ten (10) days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerSeller.

Appears in 2 contracts

Samples: Trust Agreement (First Consumers Master Trust), Trust Agreement (First Consumers Master Trust)

Successor Owner Trustee. Any successor Owner Trustee ----------------------- appointed pursuant to Section 9.2 10.02 shall execute, acknowledge and deliver to the Depositor, the Servicer Administrator and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective effective, and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Administrator and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.01. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer Administrator shall mail notice of the successor of such Owner Trustee thereof to the Certificateholderall Certificateholders, the Indenture Trustee, the Noteholders and the Rating Agencies. If the Servicer Administrator shall fail to mail such notice within 10 days after acceptance of such appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the ServicerAdministrator.

Appears in 2 contracts

Samples: Trust Agreement (First Horizon Asset Securities Inc), Trust Agreement (Provident Bank)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.2 shall execute, acknowledge and deliver to the DepositorSeller, the Servicer Administrator and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as the Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Seller and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section 10.3 unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.1. Upon acceptance of appointment by a successor Owner Trustee pursuant to this SectionSection 10.3, the Servicer Seller shall mail (or shall cause to be mailed) notice of the successor of such Owner Trustee to the CertificateholderCertificateholders, the Indenture Trustee, the Noteholders and the Rating Agencies. If the Servicer shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense each of the Servicer.Rating

Appears in 2 contracts

Samples: Trust Agreement (Santander Drive Auto Receivables LLC), Trust Agreement (Santander Drive Auto Receivables LLC)

Successor Owner Trustee. Any successor Owner Trustee appointed pursuant to Section 9.2 10.2 shall execute, acknowledge and deliver to the DepositorSponsor, the Servicer Servicer, the Insurer and to its predecessor Owner Trustee an instrument accepting such appointment under this Agreement, and thereupon the resignation or removal of the predecessor Owner Trustee shall become effective and such successor Owner Trustee, without any further act, deed or conveyance, shall become fully vested with all the rights, powers, duties and obligations of its predecessor under this Agreement, with like effect as if originally named as Owner Trustee. The predecessor Owner Trustee shall upon payment of its fees and expenses deliver to the successor Owner Trustee all documents and statements and monies held by it under this Agreement; and the Depositor Sponsor and the predecessor Owner Trustee shall execute and deliver such instruments and do such other things as may reasonably be required for fully and certainly vesting and confirming in the successor Owner Trustee all such rights, powers, duties and obligations. No successor Owner Trustee shall accept appointment as provided in this Section unless at the time of such acceptance such successor Owner Trustee shall be eligible pursuant to Section 9.110.1. Upon acceptance of appointment by a successor Owner Trustee pursuant to this Section, the Servicer shall mail notice of the successor of such Owner Trustee to the Certificateholderall Certificateholders, the Indenture Trustee, the Noteholders and the Rating Agencies. If the Servicer shall fail to mail such notice within 10 days after acceptance of appointment by the successor Owner Trustee, the successor Owner Trustee shall cause such notice to be mailed at the expense of the Servicer.

Appears in 2 contracts

Samples: Trust Agreement (Headlands Mortgage Securities Inc), Trust Agreement (Greenpoint Home Equity Loan Trust 1999 2)

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