STATEMENTS RECEIVED
UNDER OR IN CONNECTION WITH THE TRUST ESTATE, EXCEPT TO THE EXTENT TO WHICH A
RESPONSIBLE OFFICER OF THE OWNER TRUSTEE REASONABLY BELIEVES (AND CONFIRMS BY
TELEPHONE CALL WITH THE OWNER PARTICIPANT) THAT DUPLICATES OR COPIES THEREOF
HAVE ALREADY BEEN FURNISHED TO THE OWNER PARTICIPANT BY SOME OTHER PERSON.
SECTION 6.03
NO REPRESENTATIONS OR WARRANTIES AS TO CERTAIN MATTERS.
NEITHER THE OWNER TRUSTEE NOR WFB MAKES OR SHALL BE DEEMED TO HAVE MADE (A) ANY
REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE,
N-5
AIRWORTHINESS, VALUE, CONDITION, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS
FOR USE FOR A PARTICULAR PURPOSE OF THE EQUIPMENT OR ANY PART THEREOF, AS TO THE
ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, OR ANY OTHER
REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT OR
ANY PART THEREOF WHATSOEVER, EXCEPT THAT WFB IN ITS INDIVIDUAL CAPACITY WARRANTS
THAT ON THE CLOSING DATE THE OWNER TRUSTEE SHALL HAVE RECEIVED WHATEVER TITLE
WAS CONVEYED TO IT BY
AND THAT THE EQUIPMENT SHALL DURING
THE TERM OF THIS TRUST AGREEMENT BE FREE OF LIENS ATTRIBUTABLE TO WFB IN ITS
INDIVIDUAL CAPACITY, OR (B) ANY REPRESENTATION OR WARRANTY AS TO THE VALIDITY,
LEGALITY OR ENFORCEABILITY OF THIS TRUST AGREEMENT, OR ANY OTHER DOCUMENT OR
INSTRUMENT, OR AS TO THE CORRECTNESS OF ANY STATEMENT CONTAINED IN ANY THEREOF
EXCEPT TO THE EXTENT THAT ANY SUCH STATEMENT IS EXPRESSLY MADE HEREIN OR THEREIN
BY SUCH PARTY AS A REPRESENTATION BY THE OWNER TRUSTEE OR BY WFB IN ITS
INDIVIDUAL CAPACITY, AS THE CASE MAY BE, AND EXCEPT THAT WFB IN ITS INDIVIDUAL
CAPACITY HEREBY REPRESENTS AND WARRANTS THAT THIS TRUST AGREEMENT HAS BEEN, AND
(ASSUMING DUE AUTHORIZATION, EXECUTION AND DELIVERY BY THE OWNER PARTICIPANT OF
THIS TRUST AGREEMENT) THE OTHER LOAN DOCUMENTS TO BE ENTERED INTO BY THE OWNER
TRUSTEE HAVE BEEN DULY EXECUTED AND DELIVERED BY ONE OF ITS OFFICERS WHO IS DULY
AUTHORIZED TO EXECUTE AND DELIVER SUCH INSTRUMENTS ON BEHALF OF ITSELF OR THE
OWNER TRUSTEE, AS THE CASE MAY BE, AND THAT THE TRUST AGREEMENT, AND SUCH OTHER
LOAN DOCUMENTS CONSTITUTE THE LEGAL, VALID AND BINDING OBLIGATION OF WFB OR THE
OWNER TRUSTEE, AS THE CASE MAY BE, ENFORCEABLE AGAINST WFB OR THE OWNER TRUSTEE,
AS THE CASE MAY BE, IN ACCORDANCE WITH THEIR RESPECTIVE TERMS.
SECTION 6.04
NO SEGREGATION OF MONIES; INTEREST.
MONIES RECEIVED BY
THE OWNER TRUSTEE HEREUNDER NEED NOT BE SEGREGATED IN ANY MANNER EXCEPT TO THE
EXTENT PROVIDED BY LAW, AND SHALL BE INVESTED AS PROVIDED IN SECTION 4.02
HEREOF.
Section 6.05
Reliance Upon Certificates, Counsel and Agents.
The
Owner Trustee shall incur no liability to anyone in acting in good faith in
reliance upon and in accordance with any signature, instrument, notice,
resolution, request, consent, order, certificate, report, opinion, bond or other
document or paper reasonably believed by it to be genuine and reasonably
believed by it to be signed by the proper party or parties.
Unless other
evidence in respect thereof is specifically