Common use of Trustee Not Liable Clause in Contracts

Trustee Not Liable. (a) The recitals contained herein ------------------ (other than the representations and warranties contained in Section 911 hereof) and in the Notes (other than the certificate of authentication on the Notes), shall be taken as the statements of the Issuer, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture, the Notes, the Collateral or of any related document other than with respect to the representations and warranties of Section 911 hereof. The Trustee shall not be accountable for the use or application by the Issuer of any of the Notes or of the proceeds thereof, or for the use or application of any funds paid to the Issuer or the Servicer (if the Servicer is a Person other than the Trustee) in respect of the Collateral. (b) The Trustee shall have no responsibility or liability, other than with respect to any liability arising from the Trustee's own negligence or willful misconduct, for or with respect to the existence or validity of any Instrument or any other item of the related Mortgage Loan, the perfection of any Security Interest (whether as of the date hereof or at any future time), the maintenance of or the taking of any action to maintain such perfection, the validity of the assignment of any portion of the Collateral to the Trustee or of any intervening assignment, the performance or enforcement of any Instrument, the compliance by any Originator, the Issuer or the Servicer or any successor Servicer thereto (other than the Trustee acting as successor Servicer pursuant to the terms of this Indenture) with any covenant or the breach by the Issuer, any Originator or the Servicer or any successor Servicer of any warranty or representation made hereunder or in any related document or the accuracy of such warranty or representation, any investment of monies in the Collection Account or the Reserve Account or any loss resulting therefrom, the acts or omissions of any Originator, the Issuer, the Servicer (other than the Trustee acting as Servicer) or any successor Servicer or any Mortgagor or any action of the Servicer taken in the name of the Trustee. (c) The Trustee shall not have any obligation or liability under any Mortgage Loan by reason of or arising out of this Indenture or the granting of a security interest in such Mortgage Loan hereunder or the receipt by the Trustee of any payment relating to any Mortgage Loan pursuant hereto, nor shall the Trustee be required or obligated in any manner to perform or fulfill any of the obligations of the Issuer, the Servicer (other than as successor Servicer pursuant to the terms of this Indenture) or any Originator under or pursuant to any Mortgage Loan, or to make any payment, or to make any inquiry as to the nature or the sufficiency of any payment received by it, or the sufficiency of any performance by any party, under any Mortgage Loan.

Trustee Not Liable. (a) The recitals contained herein ------------------ (other Other than the representations and warranties contained in Section 911 hereof) 9.11 hereof and in the Notes (other than the certificate of authentication on the Notes)Certificates, shall be taken as the statements of the Issuer, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this IndentureAgreement, the NotesCertificates, the Collateral Trust Estate or of any related document other than with respect to the representations and warranties of Section 911 hereofdocument. The Trustee shall not be accountable for the use or application by the Issuer Trust Estate of any of the Notes Certificates or of the proceeds thereof, or for the use or application of any funds paid to the Issuer Trust Estate or the Servicer (if the Servicer is a Person other than the Trustee) in respect of the Collateral. (b) The Trustee shall not have any obligation or responsibility with respect to the Contract Files [except as set forth in Section _____________]. The Trustee shall have no responsibility or liability, other than with respect to any liability arising from the Trustee's own negligence or willful misconduct, for or with respect to the existence or validity of any Instrument Contract or any other item of the related Mortgage LoanEquipment, the perfection of any Security Interest security interest (whether as of the date hereof or at any future time), the maintenance of or the taking of any action to maintain such perfection, the validity of the assignment of any portion of the Collateral to the Trustee or of any intervening assignment, the review of any Contract (it being understood that the Trustee has not reviewed and does not intend to review the substance or form of any such Contract), the performance or enforcement of any InstrumentContract, the compliance by any Originator, the Issuer Originator or the Servicer or any successor Servicer thereto [(other than the Trustee acting as successor Servicer pursuant to the terms of this Indenture) Servicer)] with any covenant or the breach by the Issuer, any Originator or the Servicer or any successor Servicer (other than the Trustee acting as Servicer) of any warranty or representation made hereunder or in any related document or the accuracy of such warranty or representation, any investment of monies in the Collection Account or the Reserve Account Accounts or any loss resulting therefromtherefrom (provided that such investments are made in accordance with the provisions of Section 5.04 hereof), the acts or omissions of any Originator, the IssuerDepositor, the Servicer (other than the Trustee acting as Servicer) or any successor Servicer or any Mortgagor Obligor or any action of the Servicer taken in the name of the Trustee. (c) The Trustee shall not have any obligation or liability under any Mortgage Loan Contract by reason of or arising out of this Indenture Agreement or the granting of a security interest in such Mortgage Loan Contract hereunder or the receipt by the Trustee of any payment relating to any Mortgage Loan Contract pursuant hereto, nor shall the Trustee be required or obligated in any manner to perform or fulfill any of the obligations of the Issuer, Trust Estate or the Servicer (other than as successor Servicer pursuant to the terms of this Indenture) or any Originator Depositor under or pursuant to any Mortgage LoanContract, or to make any payment, or to make any inquiry as to the nature or the sufficiency of any payment received by it, or the sufficiency of any performance by any party, under any Mortgage LoanContract.