Common use of Execution by Trustee Clause in Contracts

Execution by Trustee. U.S. Bank is executing this Agreement solely in its capacity as Trustee to the respective Securitizations pursuant to the direction of certain Noteholders and the Ad Hoc Committee. None of U.S. Bank, in its individual capacity, or its officers, directors, shareholders or agents shall be liable for any obligation or liability arising out of this Agreement. It is understood and agreed that Lyon Financial Services, Inc. d/b/a US Bancorp Portfolio Services. is a separate and distinct legal entity from U.S. Bank and that nothing in this Section 23 shall limit the obligations or liabilities of Lyon Financial Services, Inc. d/b/a US Bancorp Portfolio Services as Successor Servicer. The Trustee reserves all rights it may have with respect to indemnification by the Noteholders and the Issuers under the terms of the applicable Indentures.

Execution by Trustee. U.S. Bank is executing this Agreement solely in its capacity as Trustee to the respective Securitizations pursuant to the direction of certain Noteholders and the Ad Hoc Committee. None of U.S. Bank, in its individual capacity, or its officers, directors, shareholders or agents shall be liable for any obligation or liability arising out of this Agreement. It is understood and agreed that Lyon Financial Services, Inc. d/b/a US Bancorp Portfolio Services. Services is a separate and distinct legal entity from U.S. Bank and that nothing in this Section 23 shall limit the obligations or liabilities of Lyon Financial Services, Inc. d/b/a US Bancorp Portfolio Services as Successor Servicer. The Trustee reserves all rights it may have with respect to indemnification by the Noteholders and the Issuers under the terms of the applicable Indentures.