SECURITIES AND EXCHANGE COMMISSION Registrant File
Number 333-40467
Washington, D.C. 20549
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FORM T-1
Statement of Eligibility and Qualification Under the
Trust Indenture Act of 1939 of a Corporation
Designated to Act as Trustee
CHECK IF AN APPLICATION TO DETERMINE ELIGIBILITY OF A TRUSTEE PURSUANT TO
SECTION 305(b)2 |X|
U.S. BANK NATIONAL ASSOCIATION
F.K.A. FIRST BANK NATIONAL ASSOCIATION
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(Exact name of Trustee as specified in its charter)
United States 41-0417860
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(State of Incorporation) (I.R.S. Employer
Identification No.)
First Trust Center
180 East Fifth Street
St. Paul, Minnesota 55101
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(Address of Principal Executive Offices) (Zip Code)
EMPIRE FUNDING HOME LOAN OWNER TRUST 1998-1
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(Exact name of obligor as specified in its charter)
Delaware Not Yet Received
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(State of Incorporation) (I.R.S. Employer
Identification No.)
c/o Wilmington Trust Company
Rodney Square North
1100 North Market Street
Wilmington, DE 19890-001
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(Address of Principal Executive Offices, Zip Code)
Empire Funding Home Loan Owner Trust 1998-1,
Home Loan Asset Backed Notes, Series 1998-1
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(Title of the Indenture Securities)
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GENERAL
1. GENERAL INFORMATION. Furnish the following information as to the
Trustee.
(a) Name and address of each examining or supervising authority
to which it is subject.
Comptroller of the Currency
Washington, D.C.
(b) Whether it is authorized to exercise corporate trust powers.
Yes
2. AFFILIATIONS WITH OBLIGOR AND UNDERWRITERS. If the obligor or any
underwriter for the obligor is an affiliate of the Trustee,
describe each such affiliation.
None
See Note following Item 16.
Items 3-15 are not applicable because to the best of the Trustee's
knowledge the obligor is not in default under any Indenture for which the
Trustee acts as Trustee.
16. LIST OF EXHIBITS. List below all exhibits filed as a part of this
statement of eligibility and qualification.
1. Copy of Articles of Association.*
2. Copy of Certificate of Authority to Commence Business.*
3. Authorization of the Trustee to exercise corporate trust
powers (included in Exhibits 1 and 2; no separate instrument).*
4. Copy of existing By-Laws.*
5. Copy of each Indenture referred to in Item 4. N/A.
6. The consents of the Trustee required by Section 321(b) of the act.
7. Copy of the latest report of condition of the Trustee published
pursuant to law or the requirements of its supervising or
examining authority incorporated by reference to File Number
333-26679.
* Incorporated by reference to File Number 333-30939.
NOTE
The answers to this statement insofar as such answers relate to what
persons have been underwriters for any securities of the obligors within three
years prior to the date of filing this statement, or what persons are owners of
10% or more of the voting securities of the obligors, or affiliates, are based
upon information furnished to the Trustee by the obligors. While the Trustee has
no reason to doubt the accuracy of any such information, it cannot accept any
responsibility therefor.
SIGNATURE
Pursuant to the requirements of the Trust Indenture Act of 1939, the
Trustee, U.S. Bank National Association, an Association organized and existing
under the laws of the United States, has duly caused this statement of
eligibility and qualification to be signed on its behalf by the undersigned,
thereunto duly authorized, and its seal to be hereunto affixed and attested, all
in the City of Saint Paul and State of Minnesota on the 23rd day of January,
1998.
U.S. BANK NATIONAL ASSOCIATION
/s/ Richard H. Prokosch
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Richard H. Prokosch
Assistant Vice President
/s/ James T. Kaufman
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James T. Kaufman
Assistant Secretary
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EXHIBIT 6
CONSENT
In accordance with Section 321(b) of the Trust Indenture Act of 1939, the
undersigned, U.S. BANK NATIONAL ASSOCIATION hereby consents that reports of
examination of the undersigned by Federal, State, Territorial or District
authorities may be furnished by such authorities to the Securities and Exchange
Commission upon its request therefor.
Dated: January 23, 1998
U.S. BANK NATIONAL ASSOCIATION
/s/ Richard H. Prokosch
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Richard H. Prokosch
Assistant Vice President
