Common use of Trustee Capacity Clause in Contracts

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by HSBC Bank USA, National Association not in its individual capacity but solely as trustee for the Supplemental Interest Trust created under the Pooling and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred and invested in it thereunder (ii) each of the representations, undertakings and agreements herein made on behalf of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC Bank USA, National Association but is made and intended for the purposes of binding only the Supplement Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (iv) under no circumstances shall HSBC Bank USA, National Association in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.

Appears in 6 contracts

Sources: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Asap4), Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-He4), Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Fm1)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by HSBC Bank USA, National Association not in its individual capacity but solely as trustee for the Supplemental Supplement Interest Trust created under the Pooling and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred and invested in it thereunder (ii) each of the representations, undertakings and agreements herein made on behalf of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC Bank USABank, National Association but is made and intended for the purposes of binding only the Supplement Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (iv) under no circumstances shall HSBC Bank USA, National Association in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.

Appears in 6 contracts

Sources: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Asl1), Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Asap2), Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Sl1)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by HSBC Bank USA, National Association not in its individual capacity but solely as trustee for the Supplemental Interest Trust trust created under the Pooling and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred and invested in it thereunder (ii) each of the representations, undertakings and agreements herein made on behalf of the Supplemental Interest Trust trust is made and intended not as personal representations, undertakings and agreements by HSBC Bank USA, National Association but is made and intended for the purposes of binding only the Supplement Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (iv) under no circumstances shall HSBC Bank USA, National Association in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee HSBC Bank USA, National Association or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.

Appears in 4 contracts

Sources: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Asap4), Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-He4), Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-He4)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation Agreement is executed by the Trustee trustee (i) this Confirmation Agreement is executed and delivered by HSBC Bank USA▇▇▇▇▇ Fargo Bank, National Association N.A. ("▇▇▇▇▇ Fargo"), not in its individual capacity but solely as trustee for the Supplemental Interest Trust created under the Pooling and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred and invested vested in it thereunder it, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust Counterparty is made and intended not as a personal representationsrepresentation, undertakings and agreements undertaking or agreement by HSBC Bank USA, National Association ▇▇▇▇▇ Fargo but is made and intended for the purposes purpose of binding only the Supplement Counterparty as trustee for the Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating imposing any liability on the part of HSBC Bank USA, National Association, ▇▇▇▇▇ Fargo individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person person claiming by, through or under the parties hereto, (iv) hereto and under no circumstances shall HSBC Bank USA, National Association ▇▇▇▇▇ Fargo in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation or any Agreement. The obligations of ▇▇▇▇▇ Fargo under this Agreement are limited recourse obligations, payable solely from the Swap Agreement, subject to and in accordance with the priority of payments and other related documents, and (v) the parties hereto acknowledge and agree that under (a) terms of the Pooling and Servicing Agreement, and (biv) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by any resignation or removal of ▇▇▇▇▇ Fargo as trustee on behalf of the Supplemental Interest Trust Trustee or shall require the Securities Administratorassignment of this Agreement to ▇▇▇▇▇ Fargo's replacement, make all payments hereunder and (v) ▇▇▇▇▇ Fargo has been directed, pursuant to the account specified below. DBAG shall be entitled Pooling and Servicing Agreement, to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct enter into this Agreement and to have been signedperform its obligations hereunder. References in this clause to “a party” shall, sent or made by in the Securities Administrator.case of UBS AG and where the context so allows, include reference to any affiliate of UBS AG. Currency: USD Correspondent Bank: UBS AG, ▇▇▇▇▇▇▇▇ BRANCH Swift Address: ▇▇▇▇▇▇▇▇▇▇▇ Favour: UBS AG LONDON BRANCH Swift Address: ▇▇▇▇▇▇▇▇▇▇▇ Account No: 101-wa-140007-000 Further Credit To: Swift Address: Account No:

Appears in 3 contracts

Sources: Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2006-Wmc1), Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2006-Wmc1), Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2006-Wmc1)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation Agreement is executed and delivered by HSBC Bank USA, National Association the Trustee not in its individual capacity individually or personally but solely as trustee for the of Supplemental Interest Trust created under the Pooling and Servicing Agreement referred to in this Confirmation Trust, Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2006-BC1, in the exercise of the powers and authority conferred and invested vested in it thereunder under the Trust Agreement, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust Trust, Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2006-BC1 is made and intended not as personal representations, undertakings and agreements by HSBC Bank USA, National Association the Trustee but is made and intended for the purposes purpose of binding only the Supplement Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2006-BC1, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC U.S. Bank USA, National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, hereto and (iv) under no circumstances shall HSBC Bank USA, National Association in its individual capacity the Trustee be personally liable for the payment of any indebtedness or expenses of the Trust or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2006-BC1 under this Confirmation Agreement or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.

Appears in 2 contracts

Sources: Isda Master Agreement (Sasco 2006-Bc1), Isda Master Agreement (Sasco 2006-Bc1)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation Agreement is executed and delivered by HSBC Bank USADEUTSCHE BANK NATIONAL TRUST COMPANY, National Association not in its individual capacity individually or personally but solely as trustee for the Supplemental Interest Trust created under the Pooling and Servicing Agreement referred to in this Confirmation of AMERIQUEST MORTGAGE SECURITIES, INC., Asset-Backed Pass-Through Certificates, Series 2005-R3, in the exercise of the powers and authority conferred and invested vested in it thereunder under the Pooling and Servicing Agreement, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust AMERIQUEST MORTGAGE SECURITIES, INC., Asset-Backed Pass-Through Certificates, Series 2005-R3 is made and intended not as personal representations, undertakings and agreements by HSBC Bank USA, National Association DEUTSCHE BANK NATIONAL TRUST COMPANY but is made and intended for the purposes purpose of binding only the Supplement Interest TrustAMERIQUEST MORTGAGE SECURITIES, INC., Asset-Backed Pass-Through Certificates, Series 2005-R3, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National AssociationDEUTSCHE BANK NATIONAL TRUST COMPANY, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, hereto and (iv) under no circumstances shall HSBC Bank USA, National Association in its individual capacity DEUTSCHE BANK NATIONAL TRUST COMPANY be personally liable for the payment of any indebtedness or expenses of the Trust or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B under this Confirmation Agreement or any other related documents, . Party B represents that: (i) Status. DEUTSCHE BANK NATIONAL TRUST COMPANY (the "Trustee") is trustee of the Trust whose appointment is valid and (v) effective both under the parties hereto acknowledge laws of the State of New York and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by Trustee has the Supplemental Interest Trust Trustee or power to own assets in its capacity as trustee of the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities AdministratorTrust.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Ameriquest Mortgage Securities Inc. Series 2005-R3), Pooling and Servicing Agreement (Ameriquest Mortgage Securities Inc. Series 2005-R3)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation Agreement is executed and delivered by HSBC U.S. Bank USANational Association, National Association not in its individual capacity individually or personally but solely as trustee for of the Supplemental Interest Trust, BNC Mortgage Loan Trust created under the Pooling and Servicing Agreement referred to in this Confirmation 2007-2, Mortgage Pass-Through Certificates, Series 2007-2, in the exercise of the powers and authority conferred and invested vested in it thereunder it, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust, BNC Mortgage Loan Trust 2007-2, Mortgage Pass-Through Certificates, Series 2007-2 is made and intended not as personal representations, undertakings and agreements by HSBC U.S. Bank USA, National Association but is made and intended for the purposes purpose of binding only the Supplement Supplemental Interest Trust, BNC Mortgage Loan Trust 2007-2, Mortgage Pass-Through Certificates, Series 2007-2, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC U.S. Bank USA, National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, hereto and (iv) under no circumstances shall HSBC U.S. Bank USA, National Association in its individual capacity be personally liable for the payment of any indebtedness or expenses of the Trust or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust, BNC Mortgage Loan Trust Trustee or the Securities Administrator2007-2, make all payments hereunder to the account specified below. DBAG shall be entitled to relyMortgage Pass-Through Certificates, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities AdministratorSeries 2007-2 under this Agreement.

Appears in 2 contracts

Sources: Isda Master Agreement (BNC Mortgage Loan Trust 2007-2), Isda Master Agreement (BNC Mortgage Loan Trust 2007-2)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation Agreement is executed and delivered by HSBC Bank USA, National Association the Trustee not in its individual capacity individually or personally but solely as trustee for the of Supplemental Interest Trust created under the Pooling and Servicing Agreement referred to in this Confirmation Trust, Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2006-OPT1, in the exercise of the powers and authority conferred and invested vested in it thereunder under the Trust Agreement, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust Trust, Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2006-OPT1 is made and intended not as personal representations, undertakings and agreements by HSBC Bank USA, National Association the Trustee but is made and intended for the purposes purpose of binding only the Supplement Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2006-OPT1, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA▇▇▇▇▇ Fargo Bank, National AssociationN.A., individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, hereto and (iv) under no circumstances shall HSBC Bank USA, National Association in its individual capacity the Trustee be personally liable for the payment of any indebtedness or expenses of the Trust or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2006-OPT1 under this Confirmation Agreement or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.

Appears in 2 contracts

Sources: Isda Master Agreement (Sasco 2006-Opt1), Isda Master Agreement (Sasco 2006-Opt1)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation Agreement is executed and delivered by HSBC Bank USA, National Association the Trustee not in its individual capacity individually or personally but solely as trustee for the of Supplemental Interest Trust, Structured Asset Investment Loan Trust created under the Pooling and Servicing Agreement referred to in this Confirmation Mortgage Pass-Through Certificates, Series 2006-BNC2, in the exercise of the powers and authority conferred and invested vested in it thereunder under the Trust Agreement, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust, Structured Asset Investment Loan Trust Mortgage Pass-Through Certificates, Series 2006-BNC2 is made and intended not as personal representations, undertakings and agreements by HSBC Bank USA, National Association the Trustee but is made and intended for the purposes purpose of binding only the Supplement Supplemental Interest TrustTrust Structured Asset Investment Loan Trust Mortgage Pass-Through Certificates, Series 2006-BNC2, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National Associationthe Trustee, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, hereto and (iv) under no circumstances shall HSBC Bank USA, National Association in its individual capacity the Trustee be personally liable for the payment of any indebtedness or expenses of the Trust or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Supplemental Interest Trust, Structured Asset Investment Loan Trust Mortgage Pass-Through Certificates, Series 2006-BNC2 under this Confirmation or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.

Appears in 2 contracts

Sources: Isda Master Agreement (Sail 2006-Bnc2), Isda Master Agreement (Sail 2006-Bnc2)

Trustee Capacity. Deutsche Bank National Trust Company is signing this Credit Support Annex solely in its capacity as Trustee of the Transferee under the Pooling and Servicing Agreement among NovaStar Mortgage Funding Corporation, NovaStar Mortgage, Inc., U.S. Bank National Association, and Deutsche Bank National Trust Company dated as of November 1, 2006 (the “Pooling and Servicing Agreement”) and in the exercise of the powers and authority conferred and vested in it thereunder and not in its individual capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by HSBC Bank USA, National Association not in its individual capacity but solely as trustee for the Supplemental Interest Trust created under the Pooling and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred and invested in it thereunder (ii) each of the representations, undertakings and agreements herein made on behalf stated to be those of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC Bank USA, National Association but Transferee is made and intended for the purposes purpose of binding only the Supplement Interest TrustTransferee, (iiiii) nothing herein contained shall be construed as creating any liability on the part of HSBC for Deutsche Bank USA, National AssociationTrust Company, individually or personally, to perform any covenant (either expressed express or implied implied) contained hereinherein stated to be those of Transferee, and all such liability, if any, being is hereby expressly waived by the parties hereto hereto, and such waiver shall bind any third party making a claim by any Person claiming by, or through or under one of the parties hereto, and (iviii) under no circumstances shall HSBC Deutsche Bank USA, National Association in its individual capacity Trust Company be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Transferee under this Confirmation or Credit Support Annex. All persons having any other related documentsclaim against the Trustee reason of the Transactions contemplated by this Credit Support Annex shall look only to the assets of NovaStar Mortgage Supplemental Interest Trust, and Series 2006-6 (v) subject to the parties hereto acknowledge and agree that under (a) availability of funds therefor in accordance with the Flow of Funds as set forth in Article IV of the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee payment or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administratorsatisfaction thereof.

Appears in 2 contracts

Sources: Isda Master Agreement (NovaStar Certificates Financing CORP), Isda Master Agreement (NovaStar Certificates Financing CORP)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (ia) this Confirmation Agreement is executed and delivered by HSBC Deutsche Bank USANational Trust Company ("DBNTC") on behalf of the Bosco Credit II Trust Series 2010-1 (the "Trust") pursuant to a Master Trust Agreement, dated November 19, 2010, among Bosco Credit II, LLC, as Depositor, Deutsche Bank National Association Trust Company, as Certificate Trustee, and Deutsche Bank Trust Company Delaware, as Delaware Trustee (the "Master Trust Agreement"), and not in its individual capacity individually or personally but solely as trustee for the Supplemental Interest Trust created under the Pooling and Servicing Agreement referred to in this Confirmation Certificate Trustee, in the exercise of the powers and authority conferred and invested vested in it thereunder under the Master Trust Agreement, (iib) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust is made and intended not as a personal representationsrepresentation, undertakings and agreements undertaking or agreement by HSBC Bank USA, National Association DBNTC but is made and intended for the purposes purpose of binding only the Supplement Interest Trust, (iiic) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National AssociationDBNTC, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person person or entity claiming by, through or under the parties hereto, and (ivd) under no circumstances shall HSBC Bank USA, National Association in its individual capacity DBNTC be personally liable for the payment of any indebtedness or expenses of the Trust or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Trust under this Confirmation Agreement or otherwise. All persons and entities having any claim against the Trust by reason of the transactions contemplated by this Agreement shall look only to the Trust Estate (as defined in the Master Trust Agreement) of the Trust for payment or satisfaction thereof and it is the specific intent and understanding that the Certificate Trustee executing on behalf of the Trust has no obligation to perform any of the obligations of the Trust (whether the Trust is referenced as Borrower, Company, Borrower Subsidiary, Owner or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administratordefined term).

Appears in 2 contracts

Sources: Loan Servicing Agreement (Franklin Credit Management Corp), Loan Servicing Agreement (Franklin Credit Holding Corp/De/)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation Agreement is executed and delivered by HSBC Bank USAWachovia Bank, National Association Association, not in its individual capacity individually or personally but solely as trustee for the of Supplemental Interest Trust, Aegis Asset Backed Securities Trust created under the Pooling and Servicing Agreement referred to in this Confirmation Mortgage Pass-Through Certificates, Series 2004-5, in the exercise of the powers and authority conferred and invested vested in it thereunder it, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust, Aegis Asset Backed Securities Trust Mortgage Pass-Through Certificates, Series 2004-5 is made and intended not as personal representations, undertakings and agreements by HSBC Bank USAWachovia Bank, National Association but is made and intended for the purposes purpose of binding only the Supplement Supplemental Interest Trust, Aegis Asset Backed Securities Trust Mortgage Pass-Through Certificates, Series 2004-5, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USAWachovia Bank, National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, hereto and (iv) under no circumstances shall HSBC Bank USAWachovia Bank, National Association in its individual capacity be personally liable for the payment of any indebtedness or expenses of the Trust or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Supplemental Interest Trust, Aegis Asset Backed Securities Trust Mortgage Pass-Through Certificates, Series 2004-5 under this Confirmation Agreement or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.

Appears in 1 contract

Sources: Isda Master Agreement (AEGIS ASSET BACKED SECURITIES TRUST Mortgage Pass-Through Certificates, Series 2004-5)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar that: (a) the sole recourse in respect of the obligations of Party B hereunder shall be to the Trust Fund (as defined in the Pooling and Servicing Agreement); (b) US Bank is entering into this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by HSBC Bank USA, National Association not solely in its individual capacity but solely as trustee for the Supplemental Interest Trust created under the Pooling and Servicing Agreement referred to and not in this Confirmation its individual capacity; (c) in no case shall US Bank (or any person acting as successor trustee under the exercise Pooling and Servicing Agreement) be personally liable for or on account of any of the powers and authority conferred and invested in it thereunder (ii) each of the statements, representations, undertakings and agreements herein made on behalf warranties, covenants or obligations stated to be those of Party B under the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC Bank USA, National Association but is made and intended for the purposes terms of binding only the Supplement Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National Association, individually or personally, to perform any covenant either expressed or implied contained hereinthis Confirmation, all such liability, if any, being expressly waived by the parties hereto Party A and by any Person person claiming by, through or under the parties hereto, (iv) under no circumstances shall HSBC Bank USA, National Association in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation or any other related documents, Party A; and (vd) and (d) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, Agreement and (b) in connection with this Agreement, Citibank, N.A., as Trust Administrator under the Securities Administrator Pooling and Servicing Agreement (in such capacity, the “Trust Administrator”) may act for Counterparty Party B hereunder, and DBAG Party A hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or under the Securities AdministratorPooling and Servicing Agreement, make all payments hereunder to, and otherwise deal directly with, the Trust Administrator on behalf of Party B. Any and all payments made by Party A to the account specified belowTrust Administrator pursuant to this provision shall discharge in full Party A’s obligations to make payments to Party B under this Agreement. DBAG If you have any questions regarding this letter agreement, please contact the Swap Operations Department at the telephone numbers or the facsimile numbers indicated on this Confirmation. Please confirm that the foregoing correctly sets forth the terms of our agreement by executing the copy of this Confirmation enclosed for that purpose and returning it to us. This letter agreement may be executed in several counterparts, each of which shall be entitled deemed an original but all of which together shall constitute one and the same instrument. Very truly yours, Citibank N.A. By:______________________ Accepted and confirmed as of the Trade Date: U.S. Bank National Association, not individually, but solely as trustee on behalf of Citigroup Mortgage Loan Trust Inc., Asset-Backed Pass-through Certificates, Series 2006-HE1 By: ________________________________________ As authorized agent or officer for U.S. Bank National Association, not individually, but solely as trustee on behalf of Citigroup Mortgage Loan Trust Inc., Asset-Backed Pass-through Certificates, Series 2006-HE1 Schedule A to relythe Confirmation dated as March 30, shall be fully protected 2006 Re: Reference Number: CPC4107 Between Citibank N.A. and U.S. Bank National Association, not individually, but solely as trustee on behalf of Citigroup Mortgage Loan Trust Inc., Asset-Backed Pass-through Certificates, Series 2006-HE1. 3/30/2006 4/25/2006 2,682,812.0000 4/25/2006 5/25/2006 2,634,468.1048 5/25/2006 6/25/2006 2,580,184.2518 6/25/2006 7/25/2006 2,520,147.0144 7/25/2006 8/25/2006 2,454,589.1162 8/25/2006 9/25/2006 2,383,801.2966 9/25/2006 10/25/2006 2,308,274.4300 10/25/2006 11/25/2006 2,229,513.3413 11/25/2006 12/25/2006 2,152,204.4726 12/25/2006 1/25/2007 2,077,467.9141 1/25/2007 2/25/2007 2,005,224.3144 2/25/2007 3/25/2007 1,935,331.8542 3/25/2007 4/25/2007 1,867,632.6110 4/25/2007 5/25/2007 1,802,148.5744 5/25/2007 6/25/2007 1,738,854.8818 6/25/2007 7/25/2007 1,677,589.9825 7/25/2007 8/25/2007 1,618,049.7251 8/25/2007 9/25/2007 1,557,485.0013 9/25/2007 10/25/2007 1,480,685.3289 10/25/2007 11/25/2007 1,349,262.2907 11/25/2007 12/25/2007 1,212,873.3621 12/25/2007 1/25/2008 1,092,601.0370 1/25/2008 2/25/2008 995,839.2216 2/25/2008 3/25/2008 943,839.9790 3/25/2008 4/25/2008 906,016.5770 4/25/2008 5/25/2008 869,642.7606 5/25/2008 6/25/2008 834,616.9502 6/25/2008 7/25/2008 800,885.5332 7/25/2008 8/25/2008 768,398.6086 8/25/2008 9/25/2008 737,109.7678 9/25/2008 10/25/2008 706,975.2182 10/25/2008 11/25/2008 677,953.1725 11/25/2008 12/25/2008 650,010.1781 12/25/2008 1/25/2009 623,097.0060 1/25/2009 2/25/2009 597,174.1476 2/25/2009 3/25/2009 572,204.8362 3/25/2009 4/25/2009 572,204.8362 4/25/2009 5/25/2009 572,204.8362 5/25/2009 6/25/2009 553,514.2619 6/25/2009 7/25/2009 533,395.8769 7/25/2009 8/25/2009 514,016.1228 8/25/2009 9/25/2009 495,347.6311 9/25/2009 10/25/2009 477,364.1050 10/25/2009 11/25/2009 460,040.3203 11/25/2009 12/25/2009 443,352.1100 12/25/2009 1/25/2010 427,275.6134 1/25/2010 2/25/2010 411,788.0289 2/25/2010 3/25/2010 396,867.5736 3/25/2010 4/25/2010 382,493.2925 4/25/2010 5/25/2010 368,645.0969 5/25/2010 6/25/2010 355,303.6626 6/25/2010 7/25/2010 342,450.1188 7/25/2010 8/25/2010 330,066.3049 8/25/2010 9/25/2010 318,134.6994 9/25/2010 10/25/2010 306,638.0544 10/25/2010 11/25/2010 295,555.9624 11/25/2010 12/25/2010 284,848.2070 12/25/2010 1/25/2011 274,526.3025 1/25/2011 2/25/2011 264,582.0230 * Subject to adjustment in relyingaccordance with the Following Business Day Convention Schedule B to the Confirmation dated as of March 30, 2006 Re: Reference Number: CPC4107 Between Citibank N.A. (“Party A”) and shall incur no liability from relying in good faithU.S. Bank National Association, upon any writingnot individually, resolutionbut solely as trustee on behalf of Citigroup Mortgage Loan Trust Inc., noticeAsset-Backed Pass-through Certificates, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities AdministratorSeries 2006-HE1 (“Party B”).

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-He1)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as the Counterparty executing this Confirmation Agreement is executed by the U.S. Bank National Association as Trustee (i) this Confirmation Agreement is executed and delivered by HSBC U.S. Bank USA, National Association not in its individual capacity or personally but solely as trustee for the Supplemental Interest Trust created under the Pooling Trustee, as directed by, and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred upon and invested vested in it thereunder under, the Pooling and Servicing Agreement and for the purpose of perfecting the interests and rights in this Agreement intended by the Depositor to be conferred upon the Trustee for the benefit of Holders of the Citigroup Mortgage Loan Trust Inc., Mortgage Pass-Through Certificates Series 2005-9; (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust Counterparty is made and intended not as a personal representationsrepresentation, undertakings and agreements undertaking or agreement by HSBC U.S. Bank USANational Association, National Association but is made and intended for the purposes of binding only the Supplement Interest trust established pursuant to the Pooling and Servicing Agreement (the “Trust, ”); (iii) nothing herein contained shall be be. construed as creating any liability on the part of HSBC U.S. Bank USA, National Association, individually or personally, to perform any covenant or agreement either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, ; (iv) under no circumstances shall HSBC U.S. Bank USA, National Association in its individual capacity or personally be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation Agreement or any other related documents, document; and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, Agreement and (b) in connection with this Agreement, Citibank, N.A., as Paying Agent under the Securities Administrator Pooling and Servicing Agreement (in such capacity, the “Paying Agent”) may act for the Counterparty hereunder, and DBAG BSFP hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or under the Securities AdministratorPooling and Servicing Agreement, make all payments hereunder to and otherwise deal directly with the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, Paying Agent on behalf of the Counterparty and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities AdministratorTrust.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc., Series 2005-9)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation Agreement is executed and delivered by HSBC Bank USA▇▇▇▇▇ Fargo Bank, National Association N.A., not in its individual capacity individually or personally but solely as trustee for the of Supplemental Interest Trust, Aegis Asset Backed Securities Trust created under the Pooling and Servicing Agreement referred to in this Confirmation Mortgage Pass-Through Certificates, Series 2004-4, in the exercise of the powers and authority conferred and invested vested in it thereunder it, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust, Aegis Asset Backed Securities Trust Mortgage Pass-Through Certificates, Series 2004-4 is made and intended not as personal representations, undertakings and agreements by HSBC Bank USA▇▇▇▇▇ Fargo Bank, National Association N.A. but is made and intended for the purposes purpose of binding only the Supplement Supplemental Interest Trust, Aegis Asset Backed Securities Trust Mortgage Pass-Through Certificates, Series 2004-4, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA▇▇▇▇▇ Fargo Bank, National AssociationN.A., individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, hereto and (iv) under no circumstances shall HSBC Bank USA▇▇▇▇▇ Fargo Bank, National Association in its individual capacity N.A. be personally liable for the payment of any indebtedness or expenses of the Trust or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Supplemental Interest Trust, Aegis Asset Backed Securities Trust Mortgage Pass-Through Certificates, Series 2004-4 under this Confirmation Agreement or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.

Appears in 1 contract

Sources: Isda Master Agreement (AEGIS ASSET BACKED SECURITIES TRUST Mortgage Pass-Through Certificates, Series 2004-4)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation Agreement is executed and delivered by HSBC Deutsche Bank USANational Trust Company, National Association not in its individual capacity individually or personally but solely as trustee for Indenture Trustee on behalf of the Supplemental Interest Indenture Trust created under the Pooling and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred and invested vested in it thereunder under the Indenture, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Indenture Trust is made and intended not as personal representations, undertakings and agreements by HSBC Deutsche Bank USA, National Association Trust Company but is made and intended for the purposes purpose of binding only the Supplement Interest Trust, Indenture Trust (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Deutsche Bank USA, National AssociationTrust Company, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, hereto and (iv) under no circumstances shall HSBC Deutsche Bank USA, National Association in its individual capacity Trust Company be personally liable for the payment of any indebtedness or expenses of the Trust or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Indenture Trust under this Confirmation Agreement or any other related documents. CREDIT SUISSE FIRST BOSTON DEUTSCHE BANK NATIONAL TRUST INTERNATIONAL COMPANY, NOT IN ITS INDIVIDUAL CAPACITY, BUT SOLELY AS INDENTURE TRUSTEE FOR ARGENT MORTGAGE LOAN TRUST 2005-W1, ASSET-BACKED NOTES, SERIES 2005-W1 By: - Name: Title: Authorized Signatory By: By: - - Name: Name: Title: Authorized Signatory Title: EXHIBIT J FORM OF SWAP ADMINISTRATION AGREEMENT This Swap Administration Agreement, dated as of April 19, 2005 (this "Agreement"), among Deutsche Bank National Trust Company, a national banking association ("Deutsche Bank"), as swap administrator (in such capacity, the "Swap Administrator"), Deutsche Bank, as indenture trustee for Argent Securities Inc., Asset-Backed Notes, Series 2005-W1 (in such capacity, the "Indenture Trustee"), and Argent Mortgage Company, LLC (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator"Seller").

Appears in 1 contract

Sources: Sale and Servicing Agreement (Argent Securities Inc)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by HSBC Bank USA, National Association not in its individual capacity but solely as trustee for the Supplemental Supplement Interest Trust created under the Pooling and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred and invested in it thereunder (ii) each of the representations, undertakings and agreements herein made on behalf of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC Bank USA, National Association but is made and intended for the purposes of binding only the Supplement Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (iv) under no circumstances shall HSBC Bank USA, National Association in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG BSFP hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG BSFP shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Sl3)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by HSBC Deutsche Bank USA, National Association Trust Company not in its individual capacity but solely as trustee for the Supplemental Interest Trust created Trustee under the Pooling and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred and invested in it thereunder (ii) each of the representations, undertakings and agreements herein made on behalf of the Supplemental Interest Trust is created under the Pooling and Servicing Agreement, with respect to Home Equity Mortgage Loan Asset-Backed Trust, Series INABS 2005-C made and intended not as personal representations, undertakings and agreements by HSBC Deutsche Bank USA, National Association Trust Company but is made and intended for the purposes of binding only the Supplement Supplemental Interest Trust created under the Pooling and Servicing Agreement, with respect to Home Equity Mortgage Loan Asset-Backed Trust, Series INABS 2005-C, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Deutsche Bank USA, National AssociationTrust Company, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, and (iv) under no circumstances shall HSBC Deutsche Bank USA, National Association Trust Company in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Home Equity Mortgage Loan Asset-Backed Trust, Series INABS 2005-C)

Trustee Capacity. Deutsche Bank National Trust Company is signing this Credit Support Annex solely in its capacity as Trustee of the Transferee under the Pooling and Servicing Agreement among NovaStar Mortgage Funding Corporation, NovaStar Mortgage, Inc., U.S. Bank National Association, and Deutsche Bank National Trust Company dated as of February 1, 2007 (the "Pooling and Servicing Agreement") and in the exercise of the powers and authority conferred and vested in it thereunder and not in its individual capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by HSBC Bank USA, National Association not in its individual capacity but solely as trustee for the Supplemental Interest Trust created under the Pooling and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred and invested in it thereunder (ii) each of the representations, undertakings and agreements herein made on behalf stated to be those of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC Bank USA, National Association but Transferee is made and intended for the purposes purpose of binding only the Supplement Interest TrustTransferee, (iiiii) nothing herein contained shall be construed as creating any liability on the part of HSBC for Deutsche Bank USA, National AssociationTrust Company, individually or personally, to perform any covenant (either expressed express or implied implied) contained hereinherein stated to be those of Transferee, and all such liability, if any, being is hereby expressly waived by the parties hereto hereto, and such waiver shall bind any third party making a claim by any Person claiming by, or through or under one of the parties hereto, and (iviii) under no circumstances shall HSBC Deutsche Bank USA, National Association in its individual capacity Trust Company be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Transferee under this Confirmation or Credit Support Annex. All persons having any other related documentsclaim against the Trustee reason of the Transactions contemplated by this Credit Support Annex shall look only to the assets of NovaStar Mortgage Supplemental Interest Trust, and Series 2007-1 (v) subject to the parties hereto acknowledge and agree that under (a) availability of funds therefor in accordance with the Flow of Funds as set forth in Article IV of the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee payment or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administratorsatisfaction thereof.

Appears in 1 contract

Sources: Isda Master Agreement (Novastar Mortgage Funding Trust, Series 2007-1)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by HSBC Bank USA, National Association not in its individual capacity but solely as trustee for the Supplemental Supplement Interest Trust created under the Pooling and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred and invested in it thereunder (ii) each of the representations, undertakings and agreements herein made on behalf of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC Bank USA, National Association but is made and intended for the purposes of binding only the Supplement Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (iv) under no circumstances shall HSBC Bank USA, National Association in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Asap3)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation Agreement is executed by the Trustee Deutsche Bank National Trust Company (i) this Confirmation Agreement is executed and delivered by HSBC Deutsche Bank USA, National Association Trust Company not in its individual capacity but solely as trustee for the Supplemental Interest Trust created Trustee under the Pooling and Servicing Agreement referred to in this Confirmation PSA in the exercise of the powers and authority conferred and invested vested in it thereunder as trustee thereunder, (ii) Deutsche Bank National Trust Company has been directed pursuant to the PSA to enter this Agreement and perform its obligations hereunder on behalf of the Trust, (iii) each of the representations, undertakings and agreements herein made on behalf of the Supplemental Interest Trust Party B is made and intended not as personal representations, undertakings and agreements by HSBC representations of Deutsche Bank USA, National Association Trust Company but is made and intended for the purposes purpose of binding only the Supplement Interest Trust, (iiiiv) except as expressly required by the terms of the PSA, nothing herein contained shall be construed as creating any liability on the part of HSBC Deutsche Bank USA, National AssociationTrust Company, individually or personally, to perform any covenant either expressed or implied contained hereinherein (including, for the avoidance of doubt, any liability, individually or personally, for any failure or delay in making a payment hereunder to Party A due to any failure or delay in receiving amounts held in the account held by the Trust created pursuant to the PSA or any inability to provide any correct withholding certificate from a Certificateholder provided to the Trustee), all such liability, if any, being expressly waived by the parties hereto who are signatories to this Agreement and by any Person person claiming by, through or under the parties heretosuch parties, and (ivv) under no circumstances shall HSBC Deutsche Bank USA, National Association Trust Company in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, as to all of which recourse shall be had solely to the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by assets of the Supplemental Interest Trust Trust. The Trustee or acknowledges that Section 11.13 of the Securities AdministratorPSA provides that Party A is a third party beneficiary of the PSA, make all payments hereunder to including without limitation, for purposes of the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, standard of care under the PSA and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it the performance of obligations required to be genuine and correct and to have been signed, sent or made performed by the Securities AdministratorTrustee under the PSA.

Appears in 1 contract

Sources: Isda Master Agreement (Sast 2007-3)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation Annex is executed and delivered by HSBC Bank USAWells Fargo Bank, National Association N.A. (the Trustee) not in its individual capacity individually or ▇▇▇▇onally but solely as trustee for of the Supplemental Interest Trust trust created under pursuant to the Pooling and Servicing Agreement referred to in this Confirmation PSA (the Trust), in the exercise of the powers and authority conferred and invested vested in it thereunder under the PSA, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust Party B is made and intended not as personal representations, undertakings and agreements by HSBC Bank USA, National Association the Trustee but is made and intended for the purposes purpose of binding only the Supplement Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National Associationthe Trustee, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, hereto and (iv) under no circumstances shall HSBC Bank USA, National Association in its individual capacity the Trustee be personally liable for the payment of any indebtedness or expenses of Party B or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B under this Confirmation Annex or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make documents as to all payments hereunder of which recourse shall be had solely to the account specified belowassets of the Trust in accordance with the terms of the PSA and the Agreement. DBAG shall be entitled to relyCredit Suisse International WELLS FARGO BANK, shall be fully protected N.A., not in relyingits individual or corporate capacity but solely as Trustee on behalf of CREDIT SUISSE COMMERCIAL MORTGAGE TRUST 2007-C1 By: /s/ Marlene Nobile By: /s/ Amy Mofsenson ---------------------------- -------------------------------- Name: Marlene Nobile Name: Amy Mofsenson Title: Authorize▇ ▇▇▇▇▇▇▇▇▇ Title: Vice Pres▇▇▇▇▇ ▇▇: /s/ Steven J. Reis ---------------------------- Name: Steven J. Reis ▇▇▇▇▇: ▇▇▇▇▇▇▇zed Signatory CSMC 2007-C1 CSA EXHIBIT A FIRST TRIGGER COLLATERAL AMOUNT APPLICABLE PERCENTAGES For Transactions that are swaps, caps, floors and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.transaction-specific hedges:

Appears in 1 contract

Sources: Credit Support Annex (Credit Suisse Commercial Mortgage Trust, Series 2007-C1)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by HSBC LaSalle Bank USA, National Association not in its individual capacity individually or personally but solely as trustee for Supplemental Interest Trustee of the Supplemental Interest Trust created under the Pooling and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred and invested vested in it thereunder under the terms of the Pooling and Servicing Agreement, dated as of May 1, 2007 (the “Pooling and Servicing Agreement”), among Asset Backed Funding Corporation, as depositor, Credit-Based Asset Servicing and Securitization LLC, as seller, L▇▇▇▇▇ Loan Servicing LP, as servicer, and LaSalle Bank National Association, as trustee, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust Counterparty is made and intended not as personal representations, undertakings and agreements by HSBC LaSalle Bank USA, National Association but is made and intended for the purposes purpose of binding only the Supplement Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC LaSalle Bank USA, National Association, individually or personally, to perform any covenant covenant, either expressed or implied implied, contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, and (iv) under no circumstances shall HSBC LaSalle Bank USA, National Association in its individual capacity be personally liable for the payment of any indebtedness or expenses of the Counterparty or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Counterparty under this Confirmation or any other related documents, and (v) as to all of which recourse shall be had solely to the parties hereto acknowledge and agree that under (a) assets of the Supplemental Interest Trust in accordance with the terms of the Pooling and Servicing Agreement. Please confirm that the foregoing correctly sets forth the terms of our agreement by executing a copy of this Confirmation and returning it to us or by sending to us a letter, telex or facsimile substantially similar to this letter, which letter, telex or facsimile sets forth the material terms of the Transaction to which this Confirmation relates and (b) indicates agreement to those terms. When referring to this AgreementConfirmation, please indicate: JPMorgan Deal Number(s): #2000005092465 Name: ./s/ J▇▇▇ ▇▇▇▇▇ Title: Associate Accepted and confirmed as of the Securities Administrator may act for Counterparty hereunderdate first written: LaSalle Bank National Association, and DBAG hereby acknowledges and agrees that it willnot in its individual capacity, unless otherwise directed by but solely as Supplemental Interest Trust Trustee on behalf of the Supplemental Interest Trust Trustee or the Securities Administratorwith respect to C-BASS 2007-CB5 Trust, make all payments hereunder to the account specified belowC-BASS Mortgage Loan Asset-Backed Certificates, Series 2007-CB5 Name: /s/ S▇▇▇▇ ▇. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.▇▇▇▇ Title: Vice President

Appears in 1 contract

Sources: Interest Rate Cap Transaction (C-Bass 2007-Cb5 Trust)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation Agreement is executed and delivered by HSBC Bank USA, National Association Association, not in its individual capacity individually or personally but solely as trustee for of the Supplemental Interest Structured Adjustable Rate Mortgage Loan Trust created under the Pooling and Servicing Agreement referred to in this Confirmation Mortgage Pass-Through Certificates, Series 2007-5, in the exercise of the powers and authority conferred and invested vested in it thereunder it, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Structured Adjustable Rate Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2007-5 is made and intended not as personal representations, undertakings and agreements by HSBC Bank USA, National Association but is made and intended for the purposes purpose of binding only the Supplement Interest TrustStructured Adjustable Rate Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2007-5, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, hereto and (iv) under no circumstances shall HSBC Bank USA, National Association in its individual capacity be personally liable for the payment of any indebtedness or expenses of the Trust or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Structured Adjustable Rate Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2007-5 under this Confirmation or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.

Appears in 1 contract

Sources: Isda Master Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2007-5)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation Agreement is executed and delivered by HSBC U.S. Bank USA, National Association (the Supplemental Interest Trust Trustee) not in its individual capacity individually or personally but solely as trustee for of the Supplemental Interest Trust created under pursuant to the Pooling and Servicing Agreement referred to in this Confirmation PSA (the Supplemental Interest Trust), in the exercise of the powers and authority conferred and invested vested in it thereunder under the PSA, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC Bank USA, National Association the Supplemental Interest Trust Trustee but is made and intended for the purposes purpose of binding only the Supplement Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National Associationthe Supplemental Interest Trust Trustee, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, hereto and (iv) under no circumstances shall HSBC Bank USA, National Association in its individual capacity the Supplemental Interest Trust Trustee be personally liable for the payment of any indebtedness or expenses of the Trust or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Supplemental Interest Trust under this Confirmation Agreement or any other related documents, and (v) documents as to all of which recourse shall be had solely to the parties hereto acknowledge and agree that under (a) assets of the Supplemental Interest Trust in accordance with the terms of the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Home Equity Mortgage Trust 2006-5)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation Agreement is executed and delivered by HSBC Bank USA, National Association the Trustee not in its individual capacity individually or personally but solely as trustee for the of Supplemental Interest Trust created under the Pooling and Servicing Agreement referred to in this Confirmation Trust, Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2006-S2, in the exercise of the powers and authority conferred and invested vested in it thereunder under the Trust Agreement, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust Trust, Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2006-S2 is made and intended not as personal representations, undertakings and agreements by HSBC Bank USA, National Association the Trustee but is made and intended for the purposes purpose of binding only the Supplement Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2006-S2, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National Associationthe Trustee, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, hereto and (iv) under no circumstances shall HSBC Bank USA, National Association in its individual capacity the Trustee be personally liable for the payment of any indebtedness or expenses of the Trust or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2006-S2 under this Confirmation Agreement or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.

Appears in 1 contract

Sources: Isda Master Agreement (Sasco 2006-S2)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by HSBC Bank USA, National Association not in its individual capacity but solely as trustee for the Supplemental Interest Trust trust created under the Pooling and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred and invested in it thereunder (ii) each of the representations, undertakings and agreements herein made on behalf of the Supplemental Interest Trust trust is made and intended not as personal representations, undertakings and agreements by HSBC Bank USA, National Association but is made and intended for the purposes of binding only the Supplement Interest Trusttrust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (iv) under no circumstances shall HSBC Bank USA, National Association in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee HSBC Bank USA, National Association or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-He3)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as the Counterparty executing this Confirmation Agreement is executed by the U.S. Bank National Association as Trustee (i) this Confirmation Agreement is executed and delivered by HSBC U.S. Bank USA, National Association not in its individual capacity or personally but solely as trustee for the Supplemental Interest Trust created under the Pooling Trustee, as directed by, and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred upon and invested vested in it thereunder under, the Pooling and Servicing Agreement and for the purpose of perfecting the interests and rights in this Agreement intended by the Depositor to be conferred upon the Trustee for the benefit of Holders of the Citigroup Mortgage Loan Trust Inc., Mortgage Pass-Through Certificates Series 2005-9; (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust Counterparty is made and intended not as a personal representationsrepresentation, undertakings and agreements undertaking or agreement by HSBC U.S. Bank USANational Association, National Association but is made and intended for the purposes of binding only the Supplement Interest trust established pursuant to the Pooling and Servicing Agreement (the “Trust, ”); (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC U.S. Bank USA, National Association, individually or personally, to perform any covenant or agreement either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, ; (iv) under no circumstances shall HSBC U.S. Bank USA, National Association in its individual capacity or personally be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation Agreement or any other related documents, document; and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, Agreement and (b) in connection with this Agreement, Citibank, N.A., as Paying Agent under the Securities Administrator Pooling and Servicing Agreement (in such capacity, the “Paying Agent”) may act for the Counterparty hereunder, and DBAG BSFP hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or under the Securities AdministratorPooling and Servicing Agreement, make all payments hereunder to and otherwise deal directly with the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, Paying Agent on behalf of the Counterparty and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities AdministratorTrust.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc., Series 2005-9)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by HSBC Bank USAWells Fargo Bank, National Association not in its individual ind▇▇▇▇▇al capacity but solely as trustee for the Supplemental Interest Trust created Trustee under the Pooling and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred upon and invested vested in it thereunder it, and pursuant to instructions set for the therein, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Securitized Asset Backed Receivables LLC Trust 2006-FR2 is made and intended not as a personal representationsrepresentation, undertakings and agreements undertaking or agreement by HSBC Bank USAWells Fargo Bank, National Association but is made and intended an▇ ▇▇▇ended for the purposes of binding only the Supplement Interest TrustSecuritized Asset Backed Receivables LLC Trust 2006-FR2, (iii) nothing herein contained shall be construed as creating imposing any liability on the part of HSBC Bank USAupon Wells Fargo Bank, National Association, individually or personally▇▇ ▇▇rsonally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, and (iv) under no circumstances shall HSBC Bank USAWells Fargo Bank, National Association in its individual capacity ▇apacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Fr2)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by HSBC Bank USA, National Association U.S. BANK NATIONAL ASSOCIATION not in its individual capacity capacity, but solely as trustee Swap Trustee for the Supplemental Interest Swap Ttust for the ▇.▇. ▇▇▇▇▇▇ Alternative Loan Trust created 2006-A7, Mortgage Pass-Through Certificates, Series 2006-A7 under the Pooling and Servicing Agreement referred to in this Confirmation Agreement, dated as of November 1, 2006 (the "Pooling and Servicing Agreement"), among ▇.▇. ▇▇▇▇▇▇ Acceptance Corporation I, as depositor, ▇.▇. ▇▇▇▇▇▇ Mortgage Acquisition Corp., as seller, HSBC Bank USA, as trustee, U.S. Bank National Association, as master servicer, securities administrator, and swap trustee, in the exercise of the powers and authority conferred and invested vested in it thereunder thereunder, (ii) each of the representations, undertakings and agreements herein made on behalf of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC Bank USA, National Association but is made and intended for the purposes of binding only the Supplement Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (iv) under no circumstances shall HSBC U.S. Bank USANational Association, National Association in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation or any other related documentsConfirmation, (iii) each of the representations, undertakings and agreements herein made on behalf of the Counterparty is made and intended not as personal representations, undertakings and agreements of the Counterparty, and (viv) nothing contained herein shall be construed as creating any liability on U.S. Bank National Association, individually or personally, to perform any covenants either express or implied contained herein, all such liability, if any, being expressly waived by the parties hereto acknowledge and agree by any person claiming by, through or under the parties hereto. Please confirm that under (a) the Pooling foregoing correctly sets forth the terms of our agreement by executing a copy of this Confirmation and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that returning it will, unless otherwise directed to us or by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder sending to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, us a letter, telegramtelex or facsimile substantially similar to this letter, which letter, telex or facsimile or telephone messagesets forth the material terms of the Transaction to which this Confirmation relates and indicates agreement to those terms. When referring to this Confirmation, statement or other document or conversation believed by it to be genuine and correct and to have been signedplease indicate: JPMorgan Deal Number(s): 6900028457986 JPMorgan Chase Bank, sent or made by the Securities Administrator.N.A. Name:

Appears in 1 contract

Sources: Interest Rate Swap Transaction (J.P. Morgan Alternative Loan Trust 2006-A7)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation Annex is executed and delivered by HSBC LaSalle Bank USA, National Association not in its individual capacity individually or personally but solely as trustee for Supplemental Interest Trust Trustee of the Supplemental Interest Trust created under the Pooling and Servicing Agreement referred to in this Confirmation Trust, in the exercise of the powers and authority conferred and invested vested in it thereunder under the PSA, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC LaSalle Bank USA, National Association but is made and intended for the purposes purpose of binding only the Supplement Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC LaSalle Bank USA, National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, hereto and (iv) under no circumstances shall HSBC LaSalle Bank USA, National Association in its individual capacity be personally liable for the payment of any indebtedness or expenses of the Supplemental Interest Trust or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee under this Annex or the Securities Administrator, make any other related documents as to all payments hereunder of which recourse shall be had solely to the account specified belowassets of the Supplemental Interest Trust in accordance with the terms of the PSA. DBAG shall be entitled * For the purposes of the above table, “Daily” is applicable when the “Valuation Date” has been defined in this Credit Support Annex to relymean each Local Business Day which if treated as a Valuation Date would result in a Delivery Amount or Return Amount. ** For the purposes of the above table, shall be fully protected “Weekly” is applicable when the “Valuation Date” has been defined in relying, and shall incur no liability from relying this Credit Support Annex to mean the first Local Business Day in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile each week which if treated as a Valuation Date would result in a Delivery Amount or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities AdministratorReturn Amount.

Appears in 1 contract

Sources: Isda Master Agreement (Washington Mutual Mortgage Pass-Through Certificates, WMALT Series 2007-Oc2)

Trustee Capacity. Deutsche Bank National Trust Company is signing this Credit Support Annex solely in its capacity as Trustee of Party B under the Pooling and Servicing Agreement among NovaStar Mortgage Funding Corporation, NovaStar Mortgage, Inc., U.S. Bank National Association, and Deutsche Bank National Trust Company dated as of November 1, 2006 (the “Pooling and Servicing Agreement”) and in the exercise of the powers and authority conferred and vested in it thereunder and not in its individual capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by HSBC Bank USA, National Association not in its individual capacity but solely as trustee for the Supplemental Interest Trust created under the Pooling and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred and invested in it thereunder (ii) each of the representations, undertakings and agreements herein made on behalf stated to be those of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC Bank USA, National Association but Party B is made and intended for the purposes purpose of binding only the Supplement Interest TrustParty B, (iiiii) nothing herein contained shall be construed as creating any liability on the part of HSBC for Deutsche Bank USA, National AssociationTrust Company, individually or personally, to perform any covenant (either expressed express or implied implied) contained hereinherein stated to be those of Party B, and all such liability, if any, being is hereby expressly waived by the parties hereto hereto, and such waiver shall bind any third party making a claim by any Person claiming by, or through or under one of the parties hereto, and (iviii) under no circumstances shall HSBC Deutsche Bank USA, National Association in its individual capacity Trust Company be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B under this Confirmation or Credit Support Annex. All persons having any other related documentsclaim against the Trustee reason of the Transactions contemplated by this Credit Support Annex shall look only to the assets of NovaStar Mortgage Supplemental Interest Trust, and Series 2006-6 (v) subject to the parties hereto acknowledge and agree that under (a) availability of funds therefor in accordance with the Flow of Funds as set forth in Article IV of the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee payment or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administratorsatisfaction thereof.

Appears in 1 contract

Sources: Isda Master Agreement (NovaStar Certificates Financing CORP)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by HSBC U.S. Bank USANational Association, National Association not in its individual capacity but solely as trustee Trustee for the Supplemental Interest Trust created benefit of RASC Series 2006-KS6 Trust, Home Equity Mortgage Asset-Backed Pass-Through Certificates, Series 2006-KS6 under the Pooling and Servicing Agreement referred to Agreement, dated as of July 1, 2006 (the "Pooling and Servicing Agreement"), among Residential Asset Securities Corporation, as Depositor, Residential Funding Corporation, as Master Servicer, and U.S. Bank National Association, not in this Confirmation its individual capacity but solely as Trustee, in the exercise of the powers and authority conferred and invested vested in it thereunder thereunder, (ii) each of the representations, undertakings and agreements herein made on behalf of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC Bank USA, National Association but is made and intended for the purposes of binding only the Supplement Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (iv) under no circumstances shall HSBC U.S. Bank USANational Association, National Association in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation or any other related documentsConfirmation, and (viii) each of the parties hereto acknowledge representations, undertakings and agree agreements herein made on behalf of the Counterparty is made and intended not as personal representations, undertakings and agreements of the Counterparty. Please confirm that under (a) the Pooling foregoing correctly sets forth the terms of our agreement by executing a copy of this Confirmation and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that returning it will, unless otherwise directed to us or by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder sending to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, us a letter, telegramtelex or facsimile substantially similar to this letter, which letter, telex or facsimile or telephone messagesets forth the material terms of the Transaction to which this Confirmation relates and indicates agreement to those terms. When referring to this Confirmation, statement or other document or conversation believed by it to please indicate: JPMorgan Deal Number(s): 6900025873663 JPMorgan Chase Bank, N.A. [GRAPHIC OMITTED][GRAPHIC OMITTED]STARTSIGNATURE:U284298 ------------------------------------------------------------------- Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ ▇▇. ----------------------------------------------------- Title: Associate ----------------------------------------------------- Accepted and confirmed as of the date first written: U.S. Bank National Association, not in its individual capacity but solely as Trustee for the benefit of RASC Series 2006-KS6 Trust, Home Equity Mortgage Asset-Backed Pass-Through Certificates, Series 2006-KS6 ------------------------------------------------------------------- Name: ----------------------------------------------------- Title: ----------------------------------------------------- Your reference number: ----------------------------------- Exhibit A Period Period Start Period End Swap Balance 1 07/28/06 08/25/06 529,098,000.00 2 08/25/06 09/25/06 525,551,633.70 3 09/25/06 09/26/06 520,186,641.33 4 09/26/06 09/27/06 512,965,564.63 5 09/27/06 09/28/06 503,913,285.19 6 09/28/06 09/29/06 493,038,485.69 7 09/29/06 09/30/06 480,367,517.80 8 09/30/06 10/01/06 465,945,917.04 9 10/01/06 10/02/06 449,849,788.06 10 10/02/06 10/03/06 432,166,119.22 11 10/03/06 10/04/06 413,455,239.96 12 10/04/06 10/05/06 393,840,726.16 13 10/05/06 10/06/06 375,128,520.34 14 10/06/06 10/07/06 357,284,033.11 15 10/07/06 10/08/06 340,266,483.12 16 10/08/06 10/09/06 324,037,005.73 17 10/09/06 10/10/06 308,558,598.89 18 10/10/06 10/11/06 293,799,201.35 19 10/11/06 10/12/06 279,721,523.69 20 10/12/06 10/13/06 266,293,661.76 21 10/13/06 10/14/06 253,485,225.17 22 10/14/06 10/15/06 241,047,924.40 23 10/15/06 10/16/06 218,200,591.43 24 10/16/06 10/17/06 197,667,418.85 25 10/17/06 10/18/06 179,227,702.64 26 10/18/06 10/19/06 162,631,772.85 27 10/19/06 10/20/06 147,781,472.55 28 10/20/06 10/21/06 139,374,623.79 29 10/21/06 10/22/06 131,422,369.00 30 10/22/06 10/23/06 123,899,143.75 31 10/23/06 10/24/06 116,780,871.90 32 10/24/06 10/25/06 110,044,929.76 33 10/25/06 10/26/06 103,669,829.73 34 10/26/06 10/27/06 97,635,414.17 35 10/27/06 10/28/06 97,635,414.17 36 10/28/06 10/29/06 96,543,746.68 37 10/29/06 10/30/06 91,723,890.82 38 10/30/06 10/31/06 87,159,033.37 39 10/31/06 11/01/06 82,836,175.68 40 11/01/06 11/02/06 78,740,758.82 41 11/02/06 11/03/06 74,860,244.11 42 11/03/06 11/04/06 71,182,807.44 43 11/04/06 11/05/06 67,697,297.71 44 11/05/06 11/06/06 64,393,197.63 45 11/06/06 11/07/06 61,260,586.86 46 11/07/06 11/08/06 58,290,107.36 47 11/08/06 11/09/06 55,472,930.68 48 11/09/06 11/10/06 52,800,727.32 Client Service Group All queries regarding confirmations should be genuine and correct and to have been signedsent to: JPMorgan Chase Bank, sent or made by the Securities Administrator.N.A. Contacts JPMorgan Contact Telephone Number Client Service Group (▇▇▇ ) ▇▇▇▇▇▇▇▇▇▇

Appears in 1 contract

Sources: Interest Rate Swap Transaction (RASC Series 2006-Ks6 Trust)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by HSBC Bank USA, National Association not in its individual capacity but solely as trustee for the Supplemental Supplement Interest Trust created under the Pooling and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred and invested in it thereunder (ii) each of the representations, undertakings and agreements herein made on behalf of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC Bank USABank, National Association but is made and intended for the purposes of binding only the Supplement Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, (iv) under no circumstances shall HSBC Bank USA, National Association in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the trustee for the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Deutsche Alt-a Securities, Inc. Mortgage Loan Trust, Series 2006-Ar1)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation Annex is executed and delivered by HSBC Bank USA, National Association (the Trustee) not in its individual capacity individually or personally but solely as trustee for of the Supplemental Interest Trust created under pursuant to the Pooling and Servicing Agreement referred to in this Confirmation PSA (the Trust), in the exercise of the powers and authority conferred and invested vested in it thereunder under the PSA, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust Party B is made and intended not as personal representations, undertakings and agreements by HSBC Bank USA, National Association the Trustee but is made and intended for the purposes purpose of binding only the Supplement Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National Associationthe Trustee, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, hereto and (iv) under no circumstances shall HSBC Bank USA, National Association in its individual capacity the Trustee be personally liable for the payment of any indebtedness or expenses of Party B or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B under this Confirmation Annex or any other related documentsdocuments as to all of which recourse shall be had solely to the assets of the Trust in accordance with the terms of the PSA. DEUTSCHE BANK AG, NEW YORK BRANCH HSBC BANK USA, NATIONAL ASSOCIATION, not in its individual or corporate capacity but solely as Trustee for the Supplemental Interest Trust for Deutsche Alt-A Securities Mortgage Loan Trust, Series 2007-AR2 By: /s/ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Director By: /s/ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Vice President By: /s/ ▇▇▇▇▇▇▇▇ ▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇▇▇▇ Title: Vice President For Transactions that are swaps, caps, floors and transaction-specific ▇▇▇▇▇▇: Less than 1 year 0.25% Equal to or greater than 1 year but less than 2 years 0.50% Equal to or greater than 2 years but less than 3 years 0.70% Equal to or greater than 3 years but less than 4 years 1.00% Equal to or greater than 4 years but less than 5 years 1.20% Equal to or greater than 5 years but less than 6 years 1.40% Equal to or greater than 6 years but less than 7 years 1.60% Equal to or greater than 7 years but less than 8 years 1.80% Equal to or greater than 8 years but less than 9 years 2.00% Equal to or greater than 9 years but less than 10 years 2.20% Equal to or greater than 10 years but less than 11 years 2.30% Equal to or greater than 11 years but less than 12 years 2.50% Equal to or greater than 12 years but less than 13 years 2.70% Equal to or greater than 13 years but less than 14 years 2.80% Equal to or greater than 14 years but less than 15 years 3.00% Equal to or greater than 15 years but less than 16 years 3.20% Equal to or greater than 16 years but less than 17 years 3.30% Equal to or greater than 17 years but less than 18 years 3.50% Equal to or greater than 18 years but less than 19 years 3.60% Equal to or greater than 19 years but less than 20 years 3.70% Equal to or greater than 20 years but less than 21 years 3.90% Equal to or greater than 21 years but less than 22 years 4.00% Equal to or greater than 22 years but less than 23 years 4.00% Equal to or greater than 23 years but less than 24 years 4.00% Equal to or greater than 24 years but less than 25 years 4.00% Equal to or greater than 25 years but less than 26 years 4.00% Equal to or greater than 26 years but less than 27 years 4.00% Equal to or greater than 27 years but less than 28 years 4.00% Equal to or greater than 28 years but less than 29 years 4.00% Equal to or greater than 29 years but less than 30 years 4.00% Equal to 30 years 4.00% For Transactions that are swaps (excludes caps, floors and transaction-specific ▇▇▇▇▇▇): Less than 1 year 0.60% Equal to or greater than 1 year but less than 2 years 1.20% Equal to or greater than 2 years but less than 3 years 1.70% Equal to or greater than 3 years but less than 4 years 2.30% Equal to or greater than 4 years but less than 5 years 2.80% Equal to or greater than 5 years but less than 6 years 3.30% Equal to or greater than 6 years but less than 7 years 3.80% Equal to or greater than 7 years but less than 8 years 4.30% Equal to or greater than 8 years but less than 9 years 4.80% Equal to or greater than 9 years but less than 10 years 5.30% Equal to or greater than 10 years but less than 11 years 5.60% Equal to or greater than 11 years but less than 12 years 6.00% Equal to or greater than 12 years but less than 13 years 6.40% Equal to or greater than 13 years but less than 14 years 6.80% Equal to or greater than 14 years but less than 15 years 7.20% Equal to or greater than 15 years but less than 16 years 7.60% Equal to or greater than 16 years but less than 17 years 7.90% Equal to or greater than 17 years but less than 18 years 8.30% Equal to or greater than 18 years but less than 19 years 8.60% Equal to or greater than 19 years but less than 20 years 9.00% Equal to or greater than 20 years but less than 21 years 9.00% Equal to or greater than 21 years but less than 22 years 9.00% Equal to or greater than 22 years but less than 23 years 9.00% Equal to or greater than 23 years but less than 24 years 9.00% Equal to or greater than 24 years but less than 25 years 9.00% Equal to or greater than 25 years but less than 26 years 9.00% Equal to or greater than 26 years but less than 27 years 9.00% Equal to or greater than 27 years but less than 28 years 9.00% Equal to or greater than 28 years but less than 29 years 9.00% Equal to or greater than 29 years but less than 30 years 9.00% Equal to 30 years 9.00% For Transactions that are caps, floors, swaps and transaction-specific ▇▇▇▇▇▇: Less than 1 year 0.75% Equal to or greater than 1 year but less than 2 years 1.50% Equal to or greater than 2 years but less than 3 years 2.20% Equal to or greater than 3 years but less than 4 years 2.90% Equal to or greater than 4 years but less than 5 years 3.60% Equal to or greater than 5 years but less than 6 years 4.20% Equal to or greater than 6 years but less than 7 years 4.80% Equal to or greater than 7 years but less than 8 years 5.40% Equal to or greater than 8 years but less than 9 years 6.00% Equal to or greater than 9 years but less than 10 years 6.60% Equal to or greater than 10 years but less than 11 years 7.00% Equal to or greater than 11 years but less than 12 years 7.50% Equal to or greater than 12 years but less than 13 years 8.00% Equal to or greater than 13 years but less than 14 years 8.50% Equal to or greater than 14 years but less than 15 years 9.00% Equal to or greater than 15 years but less than 16 years 9.50% Equal to or greater than 16 years but less than 17 years 9.90% Equal to or greater than 17 years but less than 18 years 10.40% Equal to or greater than 18 years but less than 19 years 10.80% Equal to or greater than 19 years but less than 20 years 11.00% Equal to or greater than 20 years but less than 21 years 11.00% Equal to or greater than 21 years but less than 22 years 11.00% Equal to or greater than 22 years but less than 23 years 11.00% Equal to or greater than 23 years but less than 24 years 11.00% Equal to or greater than 24 years but less than 25 years 11.00% Equal to or greater than 25 years but less than 26 years 11.00% Equal to or greater than 26 years but less than 27 years 11.00% Equal to or greater than 27 years but less than 28 years 11.00% Equal to or greater than 28 years but less than 29 years 11.00% Equal to or greater than 29 years but less than 30 years 11.00% Equal to 30 years 11.00% To: HSBC BANK USA, NATIONAL ASSOCIATION, not in its individual or corporate capacity but solely as Trustee for the Supplemental Interest Trust for Deutsche Alt-A Securities Mortgage Loan Trust, Series 2007-AR2 Attn: Corporate Trust & Loan Agency/DBALT 2007-AR2 Fax No: ▇▇▇-▇▇▇-▇▇▇▇ From: DEUTSCHE BANK AG, NEW YORK BRANCH Attn: New York Derivatives Documentation Telephone No: ▇▇▇-▇▇▇-▇▇▇▇ Fax No: ▇▇▇-▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇.▇▇▇ Reference: Global No. N576538N Date: February 28, 2007 1. The purpose of this letter agreement (“Confirmation”) is to confirm the terms and conditions of the Transaction entered into on the Trade Date specified below (the “Transaction”) between Deutsche Bank AG, New York Branch (“DBAG”) and HSBC Bank USA, National Association, not in its individual or corporate capacity but solely as Trustee for the Supplemental Interest Trust for Deutsche Alt-A Securities Mortgage Loan Trust, Series 2007-AR2 (“Counterparty”) created under the Pooling and Servicing Agreement for Deutsche Alt-A Securities Mortgage Loan Trust, Series 2007-AR2 dated as of ▇▇▇▇▇▇▇▇ ▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇-▇ Securities, Inc., as depositor, ▇▇▇▇▇ Fargo Bank, N.A., as master servicer and securities administrator, and HSBC Bank USA, National Association, as trustee (vthe “Pooling and Servicing Agreement”). The definitions and provisions contained in the 2000 ISDA Definitions (the “2000 Definitions”), as published by the International Swaps and Derivatives Association, Inc. (“ISDA”) are incorporated into this Confirmation. In the parties event of any inconsistency between the 2000 Definitions and this Confirmation, this Confirmation will govern for the purposes of the Transaction. References herein to a “Transaction” shall be deemed to be references to a “Swap Transaction” for the purposes of the 2000 Definitions. Capitalized terms used in this Confirmation and not defined in this Confirmation or the 2000 Definitions shall have the respective meaning assigned thereto in the Agreement (as herein defined). Each party hereto acknowledge agrees to make payment to the other party hereto in accordance with the provisions of this Confirmation and agree that under of the Agreement. 2. This Confirmation supersedes any previous confirmation or other communication with respect to the Transaction and evidences a complete and binding agreement between you and us as to the terms of the Swap Transaction to which this Confirmation relates. This Confirmation supplements, forms part of, and is subject to the terms and conditions of the ISDA Master Agreement dated as of February 28, 2007, between each of DBAG and Counterparty (a) the “Agreement”). Capitalized terms used in this Confirmation and not defined in the Agreement, this Confirmation or the 2000 Definitions shall have the respective meaning assigned in the Pooling and Servicing Agreement. 3. The terms of the particular Swap Transaction to which this Confirmation relates are as follows: Type of Transaction: Rate Swap Notional Amount: With respect to any Calculation Period the amount set forth for such period on Schedule I attached. Trade Date: February 23, 2007 Effective Date: ▇▇▇▇▇ ▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ Date: January 25, 2012 Fixed Amounts: Fixed Rate Payer: Counterparty Fixed Rate: 5.14% Fixed Rate Payer Period End Dates: The 25th calendar day of each month during the Term of this Transaction, commencing April 25, 2007, and (b) ending on January 25, 2012, with No Adjustments. Fixed Rate Payer Payment Dates: The 25th calendar day of each month during the Term of this AgreementTransaction, the Securities Administrator may act for Counterparty hereundercommencing April 25, 2007, and ending on the Termination Date, subject to adjustment in accordance with the Following Business Day Convention. Early Payment shall be applicable. The Fixed Rate Payer Payment Date shall be one (1) Business Day preceding each Fixed Rate Payer Period End Date. Fixed Amount: Notional Amount * Fixed Rate * Fixed Rate Day Count Fraction Fixed Rate Day Count Fraction: 30/360 Additional Fixed Amount Payer Party A Additional Fixed Amount $338,000 Additional Fixed Amount Payment Date: February 28, 2007 Floating Rate Payer: DBAG hereby acknowledges Floating Rate Payer Period End Dates: The 25th calendar day of each month during the Term of this Transaction, commencing April 25, 2007, and agrees ending on January 25, 2012, subject to adjustment in accordance with the Following Business Day Convention. Floating Rate Payer Payment Dates: The 25th calendar day of each month during the Term of this Transaction, commencing April 25, 2007, and ending on the Termination Date, subject to adjustment in accordance with the Following Business Day Convention. Early Payment shall be applicable. The Floating Rate Payer Payment Date shall be one (1) Business Day preceding each Floating Rate Payer Period End Date. Floating Rate Option: USD-LIBOR-BBA Floating Amount: Notional Amount * Floating Rate Option * Floating Rate Day Count Fraction Designated Maturity: One month Floating Rate Day Count Fraction: Actual/360 Reset Dates: The first day of each Calculation Period Compounding: Inapplicable Additional Terms: Business Days: New York Calculation Agent: DBAG Account Details and Settlement Information: Payments to DBAG: Deutsche Bank Trust Company – Americas, New York SWIFT Code: ▇▇▇▇▇▇▇▇ ▇▇▇# ▇▇▇▇▇▇▇▇▇ Favor of: Deutsche Bank AG, New York Acct. # 01 473 969 Reference: N576538N Payments to Counterparty: ▇▇▇▇▇ Fargo Bank, NA ABA# ▇▇▇▇▇▇▇▇▇ Account Name: SAS Clearing Account #397077416 FFC to: DBALT 2007-AR2 Certificate Swap Account #▇▇▇▇▇▇▇▇ Please confirm that the foregoing correctly sets forth the terms of our agreement by having an authorized officer sign this Confirmation and return it willvia facsimile to: Attention: Derivative Documentation Telephone: ▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇ Facsimile: 44 20 7545 9761 E-mail:▇▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇.▇▇▇ This message will be the only form of Confirmation dispatched by us. If you wish to exchange hard copy forms of this Confirmation, unless otherwise directed by please contact us. For and on behalf of DEUTSCHE BANK AG, NEW YORK BRANCH (RMBS Derivatives Desk) For and on behalf of HSBC BANK USA, NATIONAL ASSOCIATION, not in its individual or corporate capacity but solely as Trustee for the Supplemental Interest Trust for Deutsche Alt-A Securities Mortgage Loan Trust, Series 2007-AR2 /s/ Cloris Eng Name: Cloris Eng Title: Assistant Vice President Date: February 28, 2007 /s/ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Title: Vice President Date: February 28, 2007 /s/ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Name: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇ Title: Vice President Date: February 28, 2007 To: HSBC BANK USA, NATIONAL ASSOCIATION, not in its individual or corporate capacity but solely as Trustee for the Supplemental Interest Trust for Deutsche Alt-A Securities Mortgage Loan Trust, Series 2007-AR2 Attn: Corporate Trust & Loan Agency/DBALT 2007-AR2 Fax No: ▇▇▇-▇▇▇-▇▇▇▇ From: DEUTSCHE BANK AG, NEW YORK BRANCH Attn: New York Derivatives Documentation Telephone No: ▇▇▇-▇▇▇-▇▇▇▇ Fax No: ▇▇▇-▇▇▇-▇▇▇▇ Email: ▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇.▇▇▇ Reference: Global No. N574058N Date: February 28, 2007 1. The purpose of this letter agreement (“Confirmation”) is to confirm the terms and conditions of the Transaction entered into on the Trade Date specified below (the “Transaction”) between Deutsche Bank AG, New York Branch (“DBAG”) and HSBC Bank USA, National Association, not in its individual or corporate capacity but solely as Trustee for the Supplemental Interest Trust for Deutsche Alt-A Securities Mortgage Loan Trust, Series 2007-AR2 (“Counterparty”) created under the Pooling and Servicing Agreement for Deutsche Alt-A Securities Mortgage Loan Trust, Series 2007-AR2 dated as of ▇▇▇▇▇▇▇▇ ▇, ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇-▇ Securities, Inc., as depositor, ▇▇▇▇▇ Fargo Bank, N.A., as master servicer and securities administrator, and HSBC Bank USA, National Association, as trustee (the “Pooling and Servicing Agreement”). The definitions and provisions contained in the 2000 ISDA Definitions (the “2000 Definitions”), as published by the International Swaps and Derivatives Association, Inc. (“ISDA”) are incorporated into this Confirmation. In the event of any inconsistency between the 2000 Definitions and this Confirmation, this Confirmation will govern for the purposes of the Transaction. References herein to a “Transaction” shall be deemed to be references to a “Swap Transaction” for the purposes of the 2000 Definitions. Capitalized terms used in this Confirmation and not defined in this Confirmation or the Securities Administrator, 2000 Definitions shall have the respective meaning assigned thereto in the Agreement (as herein defined). Each party hereto agrees to make all payments hereunder payment to the account specified belowother party hereto in accordance with the provisions of this Confirmation and of the Agreement. 2. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.This Confirmation superse

Appears in 1 contract

Sources: Isda Master Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Ar2)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation Agreement is executed and delivered by HSBC Bank USAW▇▇▇▇ Fargo Bank, National Association N.A., not in its individual capacity individually or personally but solely as trustee for the of Supplemental Interest Trust, Aegis Asset Backed Securities Trust created under the Pooling and Servicing Agreement referred to in this Confirmation Mortgage Pass-Through Certificates, Series 2004-3, in the exercise of the powers and authority conferred and invested vested in it thereunder it, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust, Aegis Asset Backed Securities Trust Mortgage Pass-Through Certificates, Series 2004-3 is made and intended not as personal representations, undertakings and agreements by HSBC Bank USAW▇▇▇▇ Fargo Bank, National Association N.A. but is made and intended for the purposes purpose of binding only the Supplement Supplemental Interest Trust, Aegis Asset Backed Securities Trust Mortgage Pass-Through Certificates, Series 2004-3, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USAW▇▇▇▇ Fargo Bank, National AssociationN.A., individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, hereto and (iv) under no circumstances shall HSBC Bank USAW▇▇▇▇ Fargo Bank, National Association in its individual capacity N.A. be personally liable for the payment of any indebtedness or expenses of the Trust or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Supplemental Interest Trust, Aegis Asset Backed Securities Trust Mortgage Pass-Through Certificates, Series 2004-3 under this Confirmation Agreement or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.

Appears in 1 contract

Sources: Master Agreement (AEGIS ASSET BACKED SECURITIES TRUST Mortgage Pass-Through Certificates, Series 2004-3)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation is executed and delivered by HSBC Bank USAWells Fargo Bank, National Association not in its individual ind▇▇▇▇▇al capacity but solely as trustee for the Supplemental Interest Trust created Trustee under the Pooling and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred upon and invested vested in it thereunder it, and pursuant to instructions set for the therein, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Securitized Asset Backed Receivables LLC Trust 2006-FR3 is made and intended not as a personal representationsrepresentation, undertakings and agreements undertaking or agreement by HSBC Bank USAWells Fargo Bank, National Association but is made and intended an▇ ▇▇▇ended for the purposes of binding only the Supplement Interest TrustSecuritized Asset Backed Receivables LLC Trust 2006-FR3, (iii) nothing herein contained shall be construed as creating imposing any liability on the part of HSBC Bank USAupon Wells Fargo Bank, National Association, individually or personally▇▇ ▇▇rsonally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, and (iv) under no circumstances shall HSBC Bank USAWells Fargo Bank, National Association in its individual capacity ▇apacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation or any other related documents, and (v) the parties hereto acknowledge and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities Administrator.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Fr3)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as the Counterparty executing this Confirmation Agreement is executed by the U.S. Bank National Association as Trustee (i) this Confirmation Agreement is executed and delivered by HSBC U.S. Bank USA, National Association not in its individual capacity or personally but solely as trustee for the Supplemental Interest Trust created under the Pooling Trustee, as directed by, and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred upon and invested vested in it thereunder under, the Pooling and Servicing Agreement and for the purpose of perfecting the interests and rights in this Agreement intended by the Depositor to be conferred upon the Trustee for the benefit of Holders of the Citigroup Mortgage Loan Trust Inc., Asset-Backed Pass-Through Certificates Series 2005-HE4; (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust Counterparty is made and intended not as a personal representationsrepresentation, undertakings and agreements undertaking or agreement by HSBC U.S. Bank USANational Association, National Association but is made and intended for the purposes of binding only the Supplement Interest trust established pursuant to the Pooling and Servicing Agreement (the “Trust, ”); (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC U.S. Bank USA, National Association, individually or personally, to perform any covenant or agreement either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, ; (iv) under no circumstances shall HSBC U.S. Bank USA, National Association in its individual capacity or personally be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Confirmation Agreement or any other related documents, document; and (v) the parties hereto acknowledge and agree that under (a) the Cap Administration Agreement and in connection with this Agreement, Citibank, N.A., as Cap Administrator under the Pooling and Servicing Agreement, and Agreement (b) this Agreementin such capacity, the Securities Administrator “Cap Administrator”) may act for the Counterparty hereunder, and DBAG BSFP hereby acknowledges and agrees that it will, unless otherwise directed by the Supplemental Interest Trust Trustee or under the Securities AdministratorPooling and Servicing Agreement, make all payments hereunder to and otherwise deal directly with the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, Cap Administrator on behalf of the Counterparty and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities AdministratorTrust.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc., Series 2005-He4)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Confirmation Agreement is executed and delivered by HSBC Bank USA▇▇▇▇▇ Fargo Bank, National Association N.A., not in its individual capacity individually or personally but solely as trustee for the Supplemental Interest Trust created under the Pooling and Servicing Agreement referred to in this Confirmation of PARK PLACE SECURITIES INC., Asset-Backed Pass-Through Certificates, Series 2005-WCW3, in the exercise of the powers and authority conferred and invested vested in it thereunder under the Pooling and Servicing Agreement, (ii) each of the representations, undertakings and agreements herein made on behalf the part of the Supplemental Interest Trust PARK PLACE SECURITIES INC., Asset-Backed Pass-Through Certificates, Series 2005-WCW3 is made and intended not as personal representations, undertakings and agreements by HSBC Bank USA▇▇▇▇▇ Fargo Bank, National Association N.A. but is made and intended for the purposes purpose of binding only the Supplement Interest TrustPARK PLACE SECURITIES INC., Asset-Backed Pass-Through Certificates, Series 2005-WCW3, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA▇▇▇▇▇ Fargo Bank, National AssociationN.A., individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto, hereto and (iv) under no circumstances shall HSBC Bank USA▇▇▇▇▇ Fargo Bank, National Association in its individual capacity N.A. be personally liable for the payment of any indebtedness or expenses of the Trust or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B under this Confirmation Agreement or any other related documents. Party B represents that: (i) Status. ▇▇▇▇▇ Fargo Bank, N.A. (the "Trustee") is trustee of the Trust whose appointment is valid and (v) effective both under the parties hereto acknowledge laws of the State of New York and agree that under (a) the Pooling and Servicing Agreement, and (b) this Agreement, the Securities Administrator may act for Counterparty hereunder, and DBAG hereby acknowledges and agrees that it will, unless otherwise directed by Trustee has the Supplemental Interest Trust Trustee or power to own assets in its capacity as trustee of the Securities Administrator, make all payments hereunder to the account specified below. DBAG shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Securities AdministratorTrust.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Park Place Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2005-Wcw3)