Common use of Trustee Capacity Clause in Contracts

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by U.S. Bank National Association (the Trustee) not individually or personally but solely as trustee of the Supplemental Interest Trust created pursuant to the PSA (Party B), in the exercise of the powers and authority conferred and vested in it under the PSA, (ii) each of the representations, undertakings and agreements herein made on the part of Party B is made and intended not as personal representations, undertakings and agreements by the Trustee but is made and intended for the purpose of binding only Party B, (iii) nothing herein contained shall be construed as creating any liability on the part of the 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 and (iv) under no circumstances shall the Trustee be personally liable for the payment of any indebtedness or expenses of Party B or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B under this Agreement or any other related documents as to all of which recourse shall be had solely to the assets of Party B in accordance with the terms of the PSA.

Appears in 4 contracts

Sources: Swap Schedule (Credit Suisse First Boston Mortgage Securities Corp), Isda Master Agreement (Home Equity Asset Trust 2006-8), Swap Schedule (Home Equity Asset Trust 2007-2)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement Annex is executed and delivered by U.S. LaSalle Bank National Association (the Trustee) not individually or personally but solely as trustee Supplemental Interest Trustee of the Supplemental Interest Trust created pursuant to the PSA (Party B)Trust, in the exercise of the powers and authority conferred and vested in it under the PSA, (ii) each of the representations, undertakings and agreements herein made on the part of Party B the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by the Trustee LaSalle Bank National Association but is made and intended for the purpose of binding only Party Bthe Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of the TrusteeLaSalle 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 and (iv) under no circumstances shall the Trustee LaSalle Bank National Association be personally liable for the payment of any indebtedness or expenses of Party B the Supplemental Interest Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B the Supplemental Interest Trust under this Agreement Annex or any other related documents as to all of which recourse shall be had solely to the assets of Party B the Supplemental Interest Trust in accordance with the terms of the PSA.

Appears in 3 contracts

Sources: Isda Master Agreement (Washington Mutual Asset-Backed Certificates, WMABS Series 2006-He5), Isda Master Agreement (Washington Mutual Asset-Backed Certificates, WMABS Series 2007-He2), Isda Master Agreement (Washington Mutual Asset-Backed Certificates, WMABS Series 2007-He1)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement Annex is executed and delivered by U.S. HSBC Bank USA, National Association (the Trustee) not individually or personally but solely as trustee of the Supplemental Interest Trust created pursuant to the PSA (Party Bthe Trust), in the exercise of the powers and authority conferred and vested in it under the PSA, (ii) each of the representations, undertakings and agreements herein made on the part of Party B is made and intended not as personal representations, undertakings and agreements by the Trustee but is made and intended for the purpose of binding only Party Bthe Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of the 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 and (iv) under no circumstances shall the Trustee be personally liable for the payment of any indebtedness or expenses of Party B or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B under this Agreement Annex or any other related documents as to all of which recourse shall be had solely to the assets of Party B the Trust in accordance with the terms of the PSA.

Appears in 2 contracts

Sources: Isda Master Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Ar6), Isda Master Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2006-Ar6)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Agreement is executed by Deutsche Bank National Trust Company (i) this Agreement is executed and delivered by U.S. Deutsche Bank National Association (the Trustee) Trust Company not individually or personally in its individual capacity but solely as trustee of the Supplemental Interest Trust created pursuant to Trustee under the PSA (Party B), in the exercise of the powers and authority conferred and vested in it under the PSAas trustee thereunder, (ii) each of the representations, undertakings and agreements herein made on the part behalf of Party B is made and intended not as personal representations, undertakings and agreements by representations of the Trustee but is made and intended for the purpose of binding only Party Bthe Trust, (iii) except as expressly required by the terms of the PSA, nothing herein contained shall be construed as creating any liability on the part of the TrusteeDeutsche 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 who are signatories to this Agreement and by any Person person claiming by, through or under the parties hereto such parties, and (iv) under no circumstances shall the Trustee Deutsche Bank National Trust Company in its individual capacity 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 Agreement or any other related documents as to all of which recourse shall be had solely to the assets of Party B in accordance with the terms of the PSAAgreement.

Appears in 2 contracts

Sources: 1992 Isda Master Agreement (Sast 2007-2), 1992 Isda Master Agreement (Sast 2007-2)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by U.S. Bank National Association (the Trustee) not individually or personally but solely as trustee of the Supplemental Interest Trust supplemental interest trust created pursuant to the PSA (Party Bthe "Trust"), in the exercise of the powers and authority conferred and vested in it under the PSA, (ii) each of the representations, undertakings and agreements herein made on the part of Party B the Trust is made and intended not as personal representations, undertakings and agreements by the Trustee but is made and intended for the purpose of binding only Party Bthe Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of the 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 and (iv) under no circumstances shall the Trustee be personally liable for the payment of any indebtedness or expenses of Party B the Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B the Trust under this Agreement or any other related documents as to all of which recourse shall be had solely to the assets of Party B the Trust in accordance with the terms of the PSA.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Home Equity Mortgage Trust 2005-5), Pooling and Servicing Agreement (Home Equity Mortgage Trust 2005-5)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement Annex is executed and delivered by U.S. HSBC Bank USA, National Association (the Trustee) not individually or personally in its individual capacity, but solely as trustee of Supplemental Interest Trust Trustee for the Supplemental Interest Trust created pursuant to the PSA (Party Bthe Trust), in the exercise of the powers and authority conferred and vested in it under the PSA, (ii) each of the representations, undertakings and agreements herein made on the part of Party B is made and intended not as personal representations, undertakings and agreements by the Trustee but is made and intended for the purpose of binding only Party Bthe Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of the 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 and (iv) under no circumstances shall the Trustee be personally liable for the payment of any indebtedness or expenses of Party B or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B under this Agreement Annex or any other related documents as to all of which recourse shall be had solely to the assets of Party B the Trust in accordance with the terms of the PSA.

Appears in 2 contracts

Sources: Isda Master Agreement (PHH Alternative Mortgage Trust, Series 2007-3), Isda Master Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Oa4 /DE)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by Deutsche Bank National Trust Company (i) this Agreement Confirmation is executed and delivered by U.S. Deutsche Bank National Association (the Trustee) Trust Company not individually or personally in its individual capacity but solely as trustee Trustee on behalf of the Supplemental Interest Trust created pursuant to under the PSA (Party B), in the exercise of the powers and authority conferred and vested invested in it under the PSAas trustee thereunder, (ii) each of the representations, undertakings and agreements herein made on the part behalf of Party B is made and intended not as personal representations, undertakings and agreements by representations of the Trustee but is made and intended for the purpose of binding only Party Bthe Supplemental Interest Trust, (iii) except as expressly required by the terms of the PSA, nothing herein contained shall be construed as creating any liability on the part of the TrusteeDeutsche 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 who are signatories to this Agreement and by any Person person claiming by, through or under the parties hereto such parties, and (iv) under no circumstances shall the Trustee Deutsche Bank National Trust Company in its individual capacity 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 Agreement or any other related documents as to all of which recourse shall be had solely to the assets of Party B in accordance with the terms of the PSAConfirmation.

Appears in 2 contracts

Sources: 1992 Isda Master Agreement (Sast 2007-2), 1992 Isda Master Agreement (Sast 2007-2)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by U.S. Bank National Association (the Trustee) not individually or personally but solely as trustee of the Supplemental Interest Trust created pursuant to the PSA (Party Bthe Trust), in the exercise of the powers and authority conferred and vested in it under the PSA, (ii) each of the representations, undertakings and agreements herein made on the part of Party B is made and intended not as personal representations, undertakings and agreements by the Trustee but is made and intended for the purpose of binding only Party Bthe Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of the 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 and (iv) under no circumstances shall the Trustee be personally liable for the payment of any indebtedness or expenses of Party B or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B under this Agreement or any other related documents as to all of which recourse shall be had solely to the assets of Party B the Trust in accordance with the terms of the PSA.

Appears in 2 contracts

Sources: Swap Schedule (Asset Backed Securities CORP Home Equity Loan Trust, Series 2006-He7), Swap Schedule (Asset Backed Securities CORP Home Equity Loan Trust, Series MO 2006-He6)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Annex is executed by Deutsche Bank National Trust Company (i) this Agreement Annex is executed and delivered by U.S. Deutsche Bank National Association (the Trustee) Trust Company not individually or personally in its individual capacity but solely as trustee of the Supplemental Interest Trust created pursuant to Trustee under the PSA (Party B), in the exercise of the powers and authority conferred and vested invested in it under the PSAas trustee thereunder, (ii) each of the representations, undertakings and agreements herein made on behalf of the part of Party B Trust is made and intended not as personal representations, undertakings and agreements by representations of the Trustee but is made and intended for the purpose of binding only Party Bthe Trust, (iii) except as expressly required by the terms of the PSA, nothing herein contained shall be construed as creating any liability on the part of the TrusteeDeutsche 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 who are signatories to this Agreement and by any Person person claiming by, through or under the parties hereto such parties, and (iv) under no circumstances shall the Trustee Deutsche Bank National Trust Company in its individual capacity 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 Agreement or any other related documents as to all of which recourse shall be had solely to the assets of Party B in accordance with the terms of the PSAAnnex.

Appears in 2 contracts

Sources: 1992 Isda Master Agreement (Sast 2007-2), 1992 Isda Master Agreement (Sast 2007-2)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by U.S. Bank National Association (the Trustee) Association, not individually or personally but solely as trustee on behalf of the Supplemental Interest Trust created pursuant to under the PSA Pooling and Servicing Agreement (Party Bthe "Supplemental Interest Trust"), in the exercise of the powers and authority conferred upon and vested in it under the PSAPooling and Servicing Agreement, (ii) each of the representations, warranties, covenants, undertakings and agreements herein made on the part of Party B is made and intended not as personal representationsa representation, undertakings and agreements warranty, covenant, undertaking or agreement by the Trustee U.S. Bank National Association, but is made and intended for the purpose of binding only Party Bthe assets of the Supplemental Interest Trust available therefor in accordance with the terms of the Pooling and Servicing Agreement, (iii) nothing herein contained shall be construed as creating any liability on the part of the TrusteeU.S. 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 and (iv) under no circumstances shall the Trustee U.S. Bank National Association, individually or personally, be personally liable for the payment of any indebtedness or expenses of Party B or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B under this Agreement or any other related documents document, as to all of which recourse shall be had solely to the assets of Party B the Supplemental Interest Trust in accordance with the terms of the PSAPooling and Servicing Agreement.

Appears in 2 contracts

Sources: Master Agreement (CSMC Mortgage-Backed Trust 2007-3), Master Agreement (CSMC Mortgage-Backed Trust 2007-2)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement Confirmation is executed and delivered by U.S. LaSalle Bank National Association (the Trustee“LaSalle”) not individually or personally but solely as trustee of the Supplemental Interest Trust created pursuant to Trustee of the PSA (Party B)Trust, in the exercise of the powers and authority conferred and vested in it under the PSA, (ii) each of the representations, undertakings and agreements herein made on the part of Party B the Trust is made and intended not as personal representations, undertakings and agreements by the Trustee LaSalle but is made and intended for the purpose of binding only Party Bthe Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of the TrusteeLaSalle, 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 the Trustee LaSalle be personally liable for the payment of any indebtedness or expenses of Party B the Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B the Trust under this Agreement Confirmation or any other related documents as to all of which recourse shall be had solely to the assets of Party B the Trust in accordance with the terms of the PSA. The time at which the above transaction was executed will be notified to Counterparty on request.

Appears in 2 contracts

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

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by U.S. Bank National Association (the Trustee) ▇▇▇▇▇ Fargo Bank, N.A., not individually or personally but solely as trustee of the Supplemental Interest Trust created pursuant to the PSA (Party B)Trust, in the exercise of the powers and authority conferred and vested in it under the PSAPooling and Servicing Agreement, (ii) each of the representations, undertakings and agreements herein made on the part of Party B is the Trustis made and intended not as personal representations, undertakings and agreements by the Trustee ▇▇▇▇▇ Fargo Bank, N.A. but is made and intended for the purpose of binding only Party Bthe Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of the Trustee▇▇▇▇▇ Fargo Bank, N.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 and (iv) under no circumstances shall the Trustee ▇▇▇▇▇ Fargo Bank, N.A. be personally liable for the payment of any indebtedness or expenses of Party B the Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B the Trust under this Agreement or any other related documents as to all of which recourse shall be had solely to the assets of documents. CREDIT FIRST SUISSE BOSTON Party B in accordance with the terms of the PSA.represents that:

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Park Place Securities, Inc. Series 2005-Whq2), Pooling and Servicing Agreement (Park Place Securities, Inc. Series 2005-Whq2)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by U.S. Bank National Association (the Trustee) not individually or personally but solely as trustee of the Supplemental Interest Trust created pursuant to the PSA (Party B), in the exercise of the powers and authority conferred and vested in it under the PSA, (ii) each of the representations, undertakings and agreements herein made on the part of Party B is made and intended not as personal representations, undertakings and agreements by the Trustee but is made and intended for the purpose of binding only Party B, (iii) nothing herein contained shall be construed as creating any liability on the part of the 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 and (iv) under no circumstances shall the Trustee be personally liable for the payment of any indebtedness or expenses of Party B or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B under this Agreement or any other related documents as to all of which recourse shall be had solely to the assets of Party B in accordance with the terms of the PSA.

Appears in 1 contract

Sources: Swap Schedule (Home Equity Asset Trust 2006-7)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement Annex is executed and delivered by U.S. LaSalle Bank National Association (the Trustee) not individually or personally but solely as trustee Supplemental Interest Trust Trustee of the Supplemental Interest Trust created pursuant to the PSA (Party B)Trust, in the exercise of the powers and authority conferred and vested in it under the PSA, (ii) each of the representations, undertakings and agreements herein made on the part of Party B the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by the Trustee LaSalle Bank National Association but is made and intended for the purpose of binding only Party Bthe Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of the TrusteeLaSalle 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 and (iv) under no circumstances shall the Trustee LaSalle Bank National Association be personally liable for the payment of any indebtedness or expenses of Party B the Supplemental Interest Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B the Supplemental Interest Trust under this Agreement Annex or any other related documents as to all of which recourse shall be had solely to the assets of Party B the Supplemental Interest Trust in accordance with the terms of the PSA.

Appears in 1 contract

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

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by U.S. Bank National Association (the Trustee) Association, not individually or personally but solely as trustee of the Supplemental Interest Trust created pursuant to the PSA (Party B)Trust, in the exercise of the powers and authority conferred and vested in it under the PSAit, (ii) each of the representations, undertakings and agreements herein made on the part of Party B the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by the Trustee U.S. Bank National Association but is made and intended for the purpose of binding only Party Bthe Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of the TrusteeU.S. 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 and (iv) under no circumstances shall the Trustee U.S. Bank National Association be personally liable for the payment of any indebtedness or expenses of Party B the Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B the Supplemental Interest Trust under this Agreement or any other related documents as to all of which recourse shall be had solely to the assets of Party B in accordance with the terms of the PSAAgreement.

Appears in 1 contract

Sources: Isda Master Agreement (Lehman XS Trust Series 2007-16n)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by U.S. Bank National Association Trustee (the TrusteeTRUSTEE) not individually or personally but solely as trustee of the Supplemental Interest Trust created pursuant to the PSA (Party Bthe TRUST), in the exercise of the powers and authority conferred and vested in it under the PSA, (ii) each of the representations, undertakings and agreements herein made on the part of Party B the Trust is made and intended not as personal representations, undertakings and agreements by the Trustee but is made and intended for the purpose of binding only Party Bthe Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of the 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 and (iv) under no circumstances shall the Trustee be personally liable for the payment of any indebtedness or expenses of Party B the Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B the Trust under this Agreement or any other related documents as to all of which recourse shall be had solely to the assets of Party B the Trust in accordance with the terms of the PSAPooling and Servicing Agreement.

Appears in 1 contract

Sources: Swap Schedule (RALI Series 2006-Qa9 Trust)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by U.S. LaSalle Bank National Association (the Trustee“LaSalle”) not individually or personally but solely as trustee of the Supplemental Interest Trust created pursuant to Trustee of the PSA (Party B)Trust, in the exercise of the powers and authority conferred and vested in it under the PSA, (ii) each of the representations, undertakings and agreements herein made on the part of Party B the Trust is made and intended not as personal representations, undertakings and agreements by the Trustee LaSalle but is made and intended for the purpose of binding only Party Bthe Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of the TrusteeLaSalle, 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 the Trustee LaSalle be personally liable for the payment of any indebtedness or expenses of Party B the Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B the Trust under this Agreement or any other related documents as to all of which recourse shall be had solely to the assets of Party B the Trust in accordance with the terms of the PSA.

Appears in 1 contract

Sources: Confirmation (Washington Mutual Asset-Backed Certificates, WMABS Series 2006-He3)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement Annex is executed and delivered by U.S. Deutsche Bank National Association Trust Company (the Trustee"Deutsche Bank") not individually or personally but solely as trustee Supplemental Interest Trustee of the Supplemental Interest Trust created pursuant to the PSA (Party B)Trust, in the exercise of the powers and authority conferred and vested in it under the PSA, (ii) each of the representations, undertakings and agreements herein made on the part of Party B the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by the Trustee Deutsche Bank but is made and intended for the purpose of binding only Party Bthe Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of the TrusteeDeutsche Bank, 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 the Trustee Deutsche Bank be personally liable for the payment of any indebtedness or expenses of Party B the Supplemental Interest Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B the Supplemental Interest Trust under this Agreement Annex or any other related documents as to all of which recourse shall be had solely to the assets of Party B the Supplemental Interest Trust in accordance with the terms of the PSA.

Appears in 1 contract

Sources: Isda Master Agreement (Long Beach Mortgage Loan Trust 2006-11)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by U.S. Bank National Association (the Trustee) not individually or personally but solely as trustee of the Supplemental Interest Trust created pursuant to the PSA (Party Bthe Trust), in the exercise of the powers and authority conferred and vested in it under the PSA, (ii) each of the representations, undertakings and agreements herein made on the part of Party B the Trust is made and intended not as personal representations, undertakings and agreements by the Trustee but is made and intended for the purpose of binding only Party Bthe Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of the 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 and (iv) under no circumstances shall the Trustee be personally liable for the payment of any indebtedness or expenses of Party B the Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B the Trust under this Agreement or any other related documents as to all of which recourse shall be had solely to the assets of Party B the Trust in accordance with the terms of the PSAPooling and Servicing Agreement.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Home Equity Mortgage Trust 2006-6)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by U.S. Bank National Association ▇▇▇▇▇ Fargo Bank, N.A. (the Trustee) not individually or personally but solely as trustee of Credit Suisse Commercial Mortgage Trust 2007-C2 (the Supplemental Interest Trust created pursuant to the PSA (Party BTrust), in the exercise of the powers and authority conferred and vested in it under the PSA, (ii) each of the representations, undertakings and agreements herein made on the part of Party B is made and intended not as personal representations, undertakings and agreements by the Trustee but is made and intended for the purpose of binding only Party Bthe Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of the 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 and (iv) under no circumstances shall the Trustee be personally liable for the payment of any indebtedness or expenses of Party B or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B under this Agreement or any other related documents as to all of which recourse shall be had solely to the assets of Party B the Trust in accordance with the terms of the PSA.PSA and this Agreement. Party B represents that:

Appears in 1 contract

Sources: Swap Schedule (Credit Suisse First Boston Mortgage Securities Corp)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by U.S. Bank National Association (the Trustee) not individually or personally but solely as trustee of the Supplemental Interest Trust supplemental interest trust created pursuant to the PSA (Party Bthe Trust), in the exercise of the powers and authority conferred and vested in it under the PSA, (ii) each of the representations, undertakings and agreements herein made on the part of Party B the Trust is made and intended not as personal representations, undertakings and agreements by the Trustee but is made and intended for the purpose of binding only Party Bthe Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of the 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 and (iv) under no circumstances shall the Trustee be personally liable for the payment of any indebtedness or expenses of Party B the Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B the Trust under this Agreement or any other related documents as to all of which recourse shall be had solely to the assets of Party B the Trust in accordance with the terms of the PSA.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Home Equity Mortgage Pass-Through Certificates, Series 2006-1)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by U.S. Bank National Association Wells Fargo Bank, N.A. (the Trustee) not individually or personally perso▇▇▇▇▇ but solely as trustee of Credit Suisse Commercial Mortgage Trust 2007-C1 (the Supplemental Interest Trust created pursuant to the PSA (Party BTrust), in the exercise of the powers and authority conferred and vested in it under the PSA, (ii) each of the representations, undertakings and agreements herein made on the part of Party B is made and intended not as personal representations, undertakings and agreements by the Trustee but is made and intended for the purpose of binding only Party Bthe Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of the 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 and (iv) under no circumstances shall the Trustee be personally liable for the payment of any indebtedness or expenses of Party B or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B under this Agreement or any other related documents as to all of which recourse shall be had solely to the assets of Party B the Trust in accordance with the terms of the PSA.PSA and this Agreement. Party B represents that:

Appears in 1 contract

Sources: Swap Schedule (Credit Suisse First Boston Mortgage Securities Corp)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by U.S. Bank JPMorgan Chase Bank, National Association (the Trustee) not individually or personally but solely as trustee of the Supplemental Interest Trust trust created pursuant to the PSA (Party Bthe “Trust”), in the exercise of the powers and authority conferred and vested in it under the PSA, (ii) each of the representations, undertakings and agreements herein made on the part of Party B the Trust is made and intended not as personal representations, undertakings and agreements by the Trustee but is made and intended for the purpose of binding only Party Bthe Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of the 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 and (iv) under no circumstances shall the Trustee be personally liable for the payment of any indebtedness or expenses of Party B the Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B the Trust under this Agreement or any other related documents as to all of which recourse shall be had solely to the assets of Party B the Trust in accordance with the terms of the PSA.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (CSFB Home Equity Mortgage Trust 2005-3)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by U.S. Bank National Association Trustee (the Trustee) not individually or personally but solely as trustee of the Supplemental Interest Trust created pursuant to the PSA (Party Bthe “Trust”), in the exercise of the powers and authority conferred and vested in it under the PSA, (ii) each of the representations, undertakings and agreements herein made on the part of Party B the Trust is made and intended not as personal representations, undertakings and agreements by the Trustee but is made and intended for the purpose of binding only Party Bthe Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of the 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 and (iv) under no circumstances shall the Trustee be personally liable for the payment of any indebtedness or expenses of Party B the Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B the Trust under this Agreement or any other related documents as to all of which recourse shall be had solely to the assets of Party B the Trust in accordance with the terms of the PSA.

Appears in 1 contract

Sources: Swap Schedule (Asset Backed Securities CORP Home Equity Loan Trust, Series AMQ 2007-He2)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by U.S. Bank National Association (the Trustee) not individually or personally but solely as trustee on behalf of the Supplemental Interest Trust created pursuant to the PSA (Party Bthe Trust), in the exercise of the powers and authority conferred and vested in it under the PSA, (ii) each of the representations, undertakings and agreements herein made on the part of Party B is made and intended not as personal representations, undertakings and agreements by the Trustee but is made and intended for the purpose of binding only Party Bthe Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of the 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 and (iv) under no circumstances shall the Trustee be personally liable for the payment of any indebtedness or expenses of Party B or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B under this Agreement or any other related documents as to all of which recourse shall be had solely to the assets of Party B the Trust in accordance with the terms of the PSA.

Appears in 1 contract

Sources: Swap Schedule (Asset Backed Securities Corp Home Equity Loan Trust, Series RFC 2007-He1)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by U.S. Wells Fargo Bank National Association (the Trustee) not individually no▇ ▇▇dividually or personally but solely as trustee of the Supplemental Interest Trust supplemental interest trust created pursuant to the PSA (Party Bthe "Trust"), in the exercise of the powers and authority conferred and vested in it under the PSA, (ii) each of the representations, undertakings and agreements herein made on the part of Party B the Trust is made and intended not as personal representations, undertakings and agreements by the Trustee but is made and intended for the purpose of binding only Party Bthe Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of the 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 and (iv) under no circumstances shall the Trustee be personally liable for the payment of any indebtedness or expenses of Party B the Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B the Trust under this Agreement or any other related documents as to all of which recourse shall be had solely to the assets of Party B the Trust in accordance with the terms of the PSA.

Appears in 1 contract

Sources: Master Agreement (Credit Suisse Adjustable Rate Mortgage Trust 2006-1)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by U.S. Bank National Association (the Trustee) not individually or personally but solely as trustee of the Supplemental Interest Trust created pursuant to the PSA (Party Bthe Trust), in the exercise of the powers and authority conferred and vested in it under the PSA, (ii) each of the representations, undertakings and agreements herein made on the part of Party B the Trust is made and intended not as personal representations, undertakings and agreements by the Trustee but is made and intended for the purpose of binding only Party Bthe Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of the 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 and (iv) under no circumstances shall the Trustee be personally liable for the payment of any indebtedness or expenses of Party B the Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B the Trust under this Agreement or any other related documents as to all of which recourse shall be had solely to the assets of Party B the Trust in accordance with the terms of the PSAPooling and Servicing Agreement. Each party acknowledges that the Trustee has been directed under the Pooling and Servicing Agreement to enter into this Agreement.

Appears in 1 contract

Sources: Isda Master Agreement (RFMSI Series 2007-S1 Trust)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by U.S. Bank National Association (the Trustee) not individually or personally but solely as trustee of the Supplemental Interest Trust created pursuant Trust, relating to the PSA (Party B)▇▇▇▇▇▇ XS Trust Mortgage Pass Through Certificates, Series 2007-15N, in the exercise of the powers and authority conferred and vested in it under the PSAit, (ii) each of the representations, undertakings and agreements herein made on the part of Party B Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by the Trustee U.S. Bank National Association but is made and intended for the purpose of binding only Party BSupplemental Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of the TrusteeU.S. 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 and (iv) under no circumstances shall the Trustee U.S. Bank National Association be personally liable for the payment of any indebtedness or expenses of Party B the Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B Supplemental Interest Trust under this Agreement or any other related documents as to all of which recourse shall be had solely to the assets of Party B in accordance with the terms of the PSAAgreement.

Appears in 1 contract

Sources: Isda Master Agreement (Lehman XS Trust Series 2007-15n)