Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this AAR Agreement is executed by the Trustee: (i) this AAR Agreement is executed and delivered by U.S. Bank National Association, not in its individual capacity but solely as Trustee under the Pooling and Servicing Agreement referred to herein, 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 the part of the Trustee is made and intended not as a personal representation, undertaking or agreement by U.S. Bank National Association, but is made and intended for the purpose of binding only Citigroup Mortgage Loan Trust 2006-WFHE1 and the Trust Fund pledged by it to secure its Asset-Backed Pass-Through Certificates, Series 2006-WFHE1, (iii) nothing herein contained shall be construed as creating any liability on the part of U.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 U.S. Bank 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 AAR Agreement.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Wfhe1, Asset-Backed Pass-Through Certificates, Series 2006-Wfhe1), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Wfhe1, Asset-Backed Pass-Through Certificates, Series 2006-Wfhe1)
Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this AAR Agreement is executed by the Trustee: (i) this AAR Agreement is executed and delivered by U.S. LaSalle Bank National Association, . not in its individual capacity individually or personally but solely as Trustee under the Pooling and Servicing Agreement referred to hereintrustee of the Supplemental Interest Trust, ▇▇▇▇▇▇ XS Trust Mortgage Pass-Through Certificates, Series 2006-15, in the exercise of the powers and authority conferred and invested vested in it thereunderunder the Trust Agreement, (ii) each of the representations, undertakings and agreements herein made on the part of the Trustee Supplemental Interest Trust, ▇▇▇▇▇▇ XS Trust Mortgage Pass-Through Certificates, Series 2006-15 is made and intended not as a personal representation, undertaking or agreement by U.S. LaSalle Bank National Association, but is made and intended for the purpose of binding only Citigroup the Supplemental Interest Trust, ▇▇▇▇▇▇ XS Trust Mortgage Loan Trust 2006-WFHE1 and the Trust Fund pledged by it to secure its Asset-Backed Pass-Through Certificates, Series 2006-WFHE115, (iii) nothing herein contained shall be construed as creating any liability on the part of U.S. LaSalle Bank National Association, individually or personally, to perform any covenant either expressed express 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 U.S. LaSalle Bank National Association, in its individual capacity Association 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, ▇▇▇▇▇▇ XS Trust Mortgage Pass-Through Certificates, Series 2006-15 under this AAR AgreementAgreement or any other related documents.
Appears in 2 contracts
Sources: Isda Master Agreement (Lehman XS Trust 2006-15), Isda Master Agreement (Lehman XS Trust 2006-15)
Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this AAR Agreement is executed by the Trustee: (i) this AAR Agreement is executed and delivered by U.S. Bank National Association, Association not in its individual capacity individually or personally but solely as Supplemental Interest Trustee of the supplemental interest trust created under the Pooling and Servicing Agreement referred to herein, (the “Supplemental Interest Trust”) in the exercise of the powers and authority conferred and invested vested in it thereunderunder the terms of the Pooling Agreement, (ii) each of the representations, undertakings and agreements herein made on the part of the Trustee Counterparty is made and intended not as a personal representationrepresentations, undertaking or agreement undertakings and agreements by U.S. Bank National Association, Association but is made and intended for the purpose of binding only Citigroup Mortgage Loan Trust 2006-WFHE1 and the Trust Fund pledged by it to secure its Asset-Backed Pass-Through Certificates, Series 2006-WFHE1Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of U.S. Bank 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 U.S. Bank National Association, in its individual capacity Association 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 AAR Agreement or any other related documents, as to all of which recourse shall be had solely to the assets of the Supplemental Interest Trust in accordance with the terms of the Pooling Agreement.
Appears in 2 contracts
Sources: Isda Master Agreement (C-Bass 2007-Cb1 Trust), Isda Master Agreement (C-Bass 2007-Cb1 Trust)
Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this AAR Agreement is executed by the Trustee: (i) this AAR Agreement is executed and delivered by U.S. Bank National Association, not in its individual capacity but solely as Trustee on behalf of the Trust created under the Pooling and Servicing Agreement referred to hereinin respect of the CMALT (CitiMortgage Alternative Loan Trust), Series 2007-A2 REMIC Pass-Through Certificates, in the exercise of the powers and authority conferred upon and invested vested in it thereunder, (ii) each of the representations, warranties, covenants, undertakings and agreements herein made on the part of the Trustee is Party B has not been made and or intended not as a personal representation, warranty, covenant, undertaking or agreement by U.S. Bank National AssociationAssociation in its individual capacity, but is made and intended for the purpose of binding only Citigroup Mortgage Loan Trust 2006-WFHE1 and the assets of the Trust Fund pledged by it to secure its Asset-Backed Pass-Through Certificates, Series 2006-WFHE1available 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 U.S. Bank National Association, individually or personallyin its individual capacity, 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 U.S. Bank National Association, in its individual capacity 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 AAR Agreement or any other related document, as to all of which recourse shall be had solely to the assets of the Trust in accordance with the terms of the Pooling and Servicing Agreement.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Citicorp Mortgage Securities Inc), Pooling and Servicing Agreement (Citicorp Mortgage Securities Inc)
Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this AAR Agreement is executed by the Trusteethat: (ia) this AAR Agreement is executed the sole recourse in respect of the obligations of Party B hereunder shall be to the Trust Fund (as defined in the Pooling and delivered by Servicing Agreement); (b) U.S. Bank National Association, not Association ("US Bank") is entering into this Confirmation solely in its individual capacity but solely as Trustee trustee under the Pooling and Servicing Agreement referred to herein, and not in 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 thereunderstatements, (ii) each of the representations, undertakings and agreements herein made on warranties, covenants or obligations stated to be those of Party B under the part terms of the Trustee is made and intended not as a personal representation, undertaking or agreement by U.S. Bank National Association, but is made and intended for the purpose of binding only Citigroup Mortgage Loan Trust 2006-WFHE1 and the Trust Fund pledged by it to secure its Asset-Backed Pass-Through Certificates, Series 2006-WFHE1, (iii) nothing herein contained shall be construed as creating any liability on the part of U.S. Bank 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 Party A; and (d) and (d) the parties heretohereto acknowledge and agree that under the Pooling and Servicing Agreement and in connection with this Agreement, Citibank, N.A., as Trust Administrator under the Pooling and Servicing Agreement (in such capacity, the "Trust Administrator") may act for Party B hereunder, and (iv) Party A hereby acknowledges and agrees that it will, unless otherwise directed by the Trustee under no circumstances the Pooling 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 Trust Administrator pursuant to this provision shall U.S. Bank National Association, discharge 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 full Party A's obligations to make payments to Party B under this AAR Agreement.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Wfhe1, Asset-Backed Pass-Through Certificates, Series 2006-Wfhe1), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Wfhe1, Asset-Backed Pass-Through Certificates, Series 2006-Wfhe1)
Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this AAR Agreement is executed by the Trustee: (i) this AAR Agreement Confirmation is executed and delivered by U.S. Bank National Association, Association not in its individual capacity individually or personally but solely as Supplemental Interest Trustee under of the Pooling and Servicing Agreement referred to herein, Supplemental Interest Trust in the exercise of the powers and authority conferred and invested vested in it thereunderunder the terms of the Pooling and Servicing Agreement, dated as of January 1, 2007 (the “Pooling and Servicing Agreement”), among Bond Securitization, L.L.C., as depositor, Credit-Based Asset Servicing and Securitization LLC, as seller, ▇▇▇▇▇▇ Loan Servicing LP, as servicer, and U.S. Bank National Association, as trustee, (ii) each of the representations, undertakings and agreements herein made on the part of the Trustee Counterparty is made and intended not as a personal representationrepresentations, undertaking or agreement undertakings and agreements by U.S. Bank National Association, Association but is made and intended for the purpose of binding only Citigroup Mortgage Loan Trust 2006-WFHE1 and the Trust Fund pledged by it to secure its Asset-Backed Pass-Through Certificates, Series 2006-WFHE1Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of U.S. Bank 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 U.S. Bank National Association, in its individual capacity Association 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 AAR Confirmation or any other related documents, as to all of which recourse shall be had solely to the assets of the Supplemental Interest Trust in accordance with the terms of the Pooling and Servicing Agreement.
Appears in 1 contract
Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this AAR Agreement is executed by the Trustee: (i) this AAR Agreement is executed and delivered by U.S. Bank National Association, not in its individual capacity or corporate capacity, but solely as Supplemental Interest Trust Trustee on behalf of the Supplemental Interest Trust created under the Pooling and Servicing Agreement referred to hereinin respect of the CSAB Mortgage-Backed Pass-Through Certificates, Series 2007-1 (the "Supplemental Interest Trust"), in the exercise of the powers and authority conferred upon and invested vested in it thereunder, (ii) each of the representations, warranties, covenants, undertakings and agreements herein made on the part of the Trustee is Party B has not been made and or intended not as a personal representation, warranty, covenant, undertaking or agreement by U.S. Bank National Association, in its individual or corporate capacity, but is made and intended for the purpose of binding only Citigroup Mortgage Loan the assets of the Supplemental Interest Trust 2006-WFHE1 available therefor in accordance with the terms of the Pooling and the Trust Fund pledged by it to secure its Asset-Backed Pass-Through Certificates, Series 2006-WFHE1Servicing Agreement, (iii) nothing herein contained shall be construed as creating any liability on the part of U.S. Bank National Association, individually in its individual or personallycorporate capacity, 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 U.S. Bank National Association, in its individual capacity or corporate 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 AAR Agreement or any other related document, as to all of which recourse shall be had solely to the assets of the Supplemental Interest Trust in accordance with the terms of the Pooling and Servicing Agreement.
Appears in 1 contract
Sources: Master Agreement (CSAB Mortgage-Backed Trust 2007-1)
Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this AAR Agreement is executed by the Trustee: (i) this AAR Agreement is executed and delivered by U.S. Bank National Association, not in its individual capacity but solely as Trustee on behalf of the Trust created under the Pooling and Servicing Agreement referred to hereinin respect of the CMALT (CitiMortgage Alternative Loan Trust), Series 2007-A3 REMIC Pass-Through Certificates, in the exercise of the powers and authority conferred upon and invested vested in it thereunder, (ii) each of the representations, warranties, covenants, undertakings and agreements herein made on the part of the Trustee is Party B has not been made and or intended not as a personal representation, warranty, covenant, undertaking or agreement by U.S. Bank National AssociationAssociation in its individual capacity, but is made and intended for the purpose of binding only Citigroup Mortgage Loan Trust 2006-WFHE1 and the assets of the Trust Fund pledged by it to secure its Asset-Backed Pass-Through Certificates, Series 2006-WFHE1available 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 U.S. Bank National Association, individually or personallyin its individual capacity, 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 U.S. Bank National Association, in its individual capacity 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 AAR Agreement or any other related document, as to all of which recourse shall be had solely to the assets of the Trust in accordance with the terms of the Pooling and Servicing Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Citicorp Mortgage Securities Inc)
Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this AAR Agreement is executed by the Trustee: (i) this AAR Agreement is executed and delivered by U.S. Bank National Association, Association not in its individual capacity individually or personally but solely as Supplemental Interest Trust Trustee of the supplemental interest trust created under the Pooling and Servicing Agreement referred to herein, (the “Supplemental Interest Trust”) in the exercise of the powers and authority conferred and invested vested in it thereunderunder the terms of the Pooling Agreement, (ii) each of the representations, undertakings and agreements herein made on the part of the Trustee Counterparty is made and intended not as a personal representationrepresentations, undertaking or agreement undertakings and agreements by U.S. Bank National Association, Association but is made and intended for the purpose of binding only Citigroup Mortgage Loan Trust 2006-WFHE1 and the Trust Fund pledged by it to secure its Asset-Backed Pass-Through Certificates, Series 2006-WFHE1Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of U.S. Bank 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 U.S. Bank National Association, in its individual capacity Association 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 AAR Agreement or any other related documents, as to all of which recourse shall be had solely to the assets of the Supplemental Interest Trust in accordance with the terms of the Pooling Agreement. The parties hereto acknowledge that U.S. Bank National Association as Supplemental Interest Trust Trustee has been directed to enter into this Agreement pursuant to the Pooling Agreement.
Appears in 1 contract
Sources: Master Agreement (J.P. Morgan Alternative Loan Trust 2007-A1)
Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this AAR Agreement is executed by the Trustee: (i) this AAR Agreement is executed and delivered by U.S. Deutsche Bank National AssociationTrust Company, not in its individual capacity capacity, but solely as Supplemental Interest Trustee on behalf of the Supplemental Interest Trust created under the Pooling and Servicing Agreement referred to hereinin respect of the Residential Asset Securitization Trust 2006-A11, in the exercise of the powers and authority conferred upon and invested vested in it thereunder, (ii) each of the representations, warranties, covenants, undertakings and agreements herein made on the part of the Trustee is Party B has not been made and or intended not as a personal representation, warranty, covenant, undertaking or agreement by U.S. Deutsche Bank National AssociationTrust Company, in its individual capacity, but is made and intended for the purpose of binding only Citigroup Mortgage Loan Trust 2006-WFHE1 and the assets of the Trust Fund pledged by it to secure its Asset-Backed Pass-Through Certificates, Series 2006-WFHE1available 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 U.S. Deutsche Bank National AssociationTrust Company, individually or personallyin its individual capacity, 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 U.S. Deutsche Bank National AssociationTrust Company, in its individual capacity 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 AAR Agreement or any other related document, as to all of which recourse shall be had solely to the assets of the Trust in accordance with the terms of the Pooling and Servicing Agreement.
Appears in 1 contract
Sources: Isda Master Agreement (Residential Asset Securitization Trust 2006-A11)
Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this AAR Agreement is executed by the Trustee: (i) this AAR Agreement is executed and delivered by U.S. LaSalle Bank National Association, Association not in its individual capacity individually or personally but solely as Supplemental Interest Trust Trustee of the supplemental interest trust created under the Pooling and Servicing Agreement referred to herein, (the “Supplemental Interest Trust”) in the exercise of the powers and authority conferred and invested vested in it thereunderunder the terms of the Pooling Agreement, (ii) each of the representations, undertakings and agreements herein made on the part of the Trustee Counterparty is made and intended not as a personal representationrepresentations, undertaking or agreement undertakings and agreements by U.S. LaSalle Bank National Association, Association but is made and intended for the purpose of binding only Citigroup Mortgage Loan Trust 2006-WFHE1 and the Trust Fund pledged by it to secure its Asset-Backed Pass-Through Certificates, Series 2006-WFHE1Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of U.S. LaSalle Bank 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 U.S. LaSalle Bank National Association, in its individual capacity Association 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 AAR Agreement or any other related documents, as to all of which recourse shall be had solely to the assets of the Supplemental Interest Trust in accordance with the terms of the Pooling Agreement.
Appears in 1 contract
Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this AAR Agreement is executed by the Trustee: (i) this AAR Agreement is executed and delivered by U.S. Bank National Association, not in its individual capacity or corporate capacity, but solely as Trustee Supplemental Interest Trust Trustee, on behalf of the Supplemental Interest Trust created under the Pooling and Servicing Agreement referred to hereinin respect of the CSAB Mortgage-Backed Pass-Through Certificates, Series 2006-3, in the exercise of the powers and authority conferred upon and invested vested in it thereunder, (ii) each of the representations, warranties, covenants, undertakings and agreements herein made on the part of the Trustee is Party B has not been made and or intended not as a personal representation, warranty, covenant, undertaking or agreement by U.S. Bank National Association, in its individual or corporate capacity, but is made and intended for the purpose of binding only Citigroup Mortgage Loan the assets of the Supplemental Interest Trust 2006-WFHE1 available therefor in accordance with the terms of the Pooling and the Trust Fund pledged by it to secure its Asset-Backed Pass-Through Certificates, Series 2006-WFHE1Servicing Agreement, (iii) nothing herein contained shall be construed as creating any liability on the part of U.S. Bank National Association, individually in its individual or personallycorporate capacity, 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 U.S. Bank National Association, in its individual capacity or corporate 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 AAR Agreement or any other related document, as to all of which recourse shall be had solely to the assets of the Supplemental Interest Trust in accordance with the terms of the Pooling and Servicing Agreement.
Appears in 1 contract
Sources: Master Agreement (CSAB Mortgage-Backed Trust 2006-3)
Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this AAR Agreement is executed by the Trustee: (i) this AAR Agreement is executed and delivered by U.S. Bank National Association, not in its individual capacity individually or personally but solely as Trustee trustee on behalf of the Supplemental Interest Trust created under the Pooling and Servicing Agreement referred to herein(the “Supplemental Interest Trust”), in the exercise of the powers and authority conferred upon and invested vested in it thereunderunder the Pooling and Servicing Agreement, (ii) each of the representations, warranties, covenants, undertakings and agreements herein made on the part of the Trustee Party B is made and intended not as a personal representation, warranty, covenant, undertaking or agreement by U.S. Bank National Association, but is made and intended for the purpose of binding only Citigroup Mortgage Loan the assets of the Supplemental Interest Trust 2006-WFHE1 available therefor in accordance with the terms of the Pooling and the Trust Fund pledged by it to secure its Asset-Backed Pass-Through Certificates, Series 2006-WFHE1Servicing Agreement, (iii) nothing herein contained shall be construed as creating any liability on the part of U.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, hereto and (iv) under no circumstances shall U.S. Bank National Association, in its individual capacity individually or personally, 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 AAR Agreement or any other related document, as to all of which recourse shall be had solely to the assets of the Supplemental Interest Trust in accordance with the terms of the Pooling and Servicing Agreement.
Appears in 1 contract
Sources: Master Agreement (CSMC Mortgage Backed Trust Series 2007-1)
Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this AAR Agreement is executed by the Trustee: (i) this AAR Agreement is executed and delivered by U.S. Bank National Association, not in its individual capacity but solely as Trustee on behalf of the Trust created under the Pooling and Servicing Agreement referred to hereinin respect of the CMALT (CitiMortgage Alternative Loan Trust), Series 2006-A7 REMIC Pass-Through Certificates, in the exercise of the powers and authority conferred upon and invested vested in it thereunder, (ii) each of the representations, warranties, covenants, undertakings and agreements herein made on the part of the Trustee is Party B has not been made and or intended not as a personal representation, warranty, covenant, undertaking or agreement by U.S. Bank National AssociationAssociation in its individual capacity, but is made and intended for the purpose of binding only Citigroup Mortgage Loan Trust 2006-WFHE1 and the assets of the Trust Fund pledged by it to secure its Asset-Backed Pass-Through Certificates, Series 2006-WFHE1available 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 U.S. Bank National Association, individually or personallyin its individual capacity, 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 U.S. Bank National Association, in its individual capacity 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 AAR Agreement or any other related document, as to all of which recourse shall be had solely to the assets of the Trust in accordance with the terms of the Pooling and Servicing Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Citicorp Mortgage Securities Inc)
Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this AAR Agreement is executed by the Trustee: (i) this AAR Agreement is executed and delivered by U.S. Bank National Association, not in its individual capacity individually or personally but solely as Trustee under trustee of the supplemental interest trust created pursuant to the Pooling and Servicing Agreement referred to herein(the “Supplemental Interest Trust”), in the exercise of the powers and authority conferred and invested vested in it thereunderunder the Pooling and Servicing Agreement, (ii) each of the representations, undertakings and agreements herein made on the part of the Trustee Party B is made and intended not as a personal representationrepresentations, undertaking or agreement undertakings and agreements by U.S. Bank National Association, Association but is made and intended for the purpose of binding only Citigroup Mortgage Loan Trust 2006-WFHE1 and the Trust Fund pledged by it to secure its Asset-Backed Pass-Through Certificates, Series 2006-WFHE1Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of U.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 U.S. Bank National Association, in its individual capacity Association 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 AAR Agreement or any other related documents, as to all of which recourse shall be had solely to the assets of the Supplemental Interest Trust in accordance with the terms of the Pooling and Servicing Agreement.
Appears in 1 contract
Sources: Credit Support Annex (Securitized Asset Backed Receivables LLC Trust 2006-Cb5)
Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this AAR Agreement is executed by the Trustee: (i) this AAR Agreement is executed and delivered by U.S. Bank National Association, not in its individual capacity or corporate capacity, but solely as Supplemental Interest Trust Trustee on behalf of the Supplemental Interest Trust created under the Pooling and Servicing Agreement referred to hereinin respect of the CSAB Mortgage-Backed Pass-Through Certificates, Series 2006-4, in the exercise of the powers and authority conferred upon and invested vested in it thereunder, (ii) each of the representations, warranties, covenants, undertakings and agreements herein made on the part of the Trustee is Party B has not been made and or intended not as a personal representation, warranty, covenant, undertaking or agreement by U.S. Bank National Association, in its individual or corporate capacity, but is made and intended for the purpose of binding only Citigroup Mortgage Loan the assets of the Supplemental Interest Trust 2006-WFHE1 available therefor in accordance with the terms of the Pooling and the Trust Fund pledged by it to secure its Asset-Backed Pass-Through Certificates, Series 2006-WFHE1Servicing Agreement, (iii) nothing herein contained shall be construed as creating any liability on the part of U.S. Bank National Association, individually in its individual or personallycorporate capacity, 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 U.S. Bank National Association, in its individual capacity or corporate 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 AAR Agreement or any other related document, as to all of which recourse shall be had solely to the assets of the Supplemental Interest Trust in accordance with the terms of the Pooling and Servicing Agreement.
Appears in 1 contract
Sources: Master Agreement (CSAB Mortgage-Backed Trust 2006-4)
Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this AAR Agreement is executed by the Trustee: (i) this AAR Agreement is executed and delivered by U.S. Bank National Association, not in its individual capacity individually or personally but solely as Trustee under trustee on behalf of the supplemental interest trust created pursuant to the Pooling and Servicing Agreement referred to herein(the “Supplemental Interest Trust”), in the exercise of the powers and authority conferred and invested vested in it thereunderunder the Pooling and Servicing Agreement, (ii) each of the representations, undertakings and agreements herein made on the part of the Trustee Party B is made and intended not as a personal representationrepresentations, undertaking or agreement undertakings and agreements by U.S. Bank National Association, Association but is made and intended for the purpose of binding only Citigroup Mortgage Loan Trust 2006-WFHE1 and the Trust Fund pledged by it to secure its Asset-Backed Pass-Through Certificates, Series 2006-WFHE1Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of U.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 U.S. Bank National Association, in its individual capacity Association 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 AAR Agreement or any other related documents, as to all of which recourse shall be had solely to the assets of the Supplemental Interest Trust in accordance with the terms of the Pooling and Servicing Agreement.
Appears in 1 contract
Sources: Isda Master Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Cb5)
Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this AAR Agreement is executed by the Indenture Trustee: (i) this AAR Agreement is executed and delivered by U.S. Bank National Association, not in its individual capacity but solely as Indenture Trustee under the Pooling and Servicing Agreement Indenture referred to herein, 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 the part of the Indenture Trustee is made and intended not as a personal representation, undertaking or agreement by U.S. Bank National Association, but is made and intended for the purpose of binding only Citigroup Mortgage Loan Trust 2006-WFHE1 AR1 and the Trust Fund Estate pledged by it to secure its AssetMortgage-Backed Pass-Through CertificatesNotes, Series 2006-WFHE1AR1, (iii) nothing herein contained shall be construed as creating any liability on the part of U.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 U.S. Bank 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 AAR Agreement.. [Signatures Follow]
Appears in 1 contract
Sources: Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Ar1)
Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this AAR Agreement is executed by the Trustee: (i) this AAR Agreement is executed and delivered by U.S. Bank National Association, not in its individual capacity or corporate capacity, but solely as Trustee Supplemental Interest Trust Trustee, on behalf of the Supplemental Interest Trust created under the Pooling and Servicing Agreement referred to hereinin respect of the CSAB Mortgage-Backed Pass-Through Certificates, Series 2006-2, in the exercise of the powers and authority conferred upon and invested vested in it thereunder, (ii) each of the representations, warranties, covenants, undertakings and agreements herein made on the part of the Trustee is Party B has not been made and or intended not as a personal representation, warranty, covenant, undertaking or agreement by U.S. Bank National Association, in its individual or corporate capacity, but is made and intended for the purpose of binding only Citigroup Mortgage Loan the assets of the Supplemental Interest Trust 2006-WFHE1 available therefor in accordance with the terms of the Pooling and the Trust Fund pledged by it to secure its Asset-Backed Pass-Through Certificates, Series 2006-WFHE1Servicing Agreement, (iii) nothing herein contained shall be construed as creating any liability on the part of U.S. Bank National Association, individually in its individual or personallycorporate capacity, 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 U.S. Bank National Association, in its individual capacity or corporate 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 AAR Agreement or any other related document, as to all of which recourse shall be had solely to the assets of the Supplemental Interest Trust in accordance with the terms of the Pooling and Servicing Agreement.
Appears in 1 contract
Sources: Master Agreement (CSAB Mortgage-Backed Pass-Through Certificates, Series 2006-2)
Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this AAR Agreement is executed by the Trustee: (i) this AAR Agreement Annex is executed and delivered by U.S. Bank National Association, not in its individual capacity but solely as Trustee for the Trust under the Pooling and Servicing Agreement referred to hereinAgreement, in the exercise of the powers and authority conferred upon and invested vested in it thereunder, (ii) each of the representations, warranties, covenants, undertakings and agreements herein made on the part of the Trustee is Party B has not been made and or intended not as a personal representation, warranty, covenant, undertaking or agreement by U.S. Bank National Association, in its individual capacity, but is made and intended for the purpose of binding only Citigroup Mortgage Loan Trust 2006-WFHE1 and the assets of the Trust Fund pledged by it to secure its Asset-Backed Pass-Through Certificates, Series 2006-WFHE1available 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 U.S. Bank National Association, individually or personallyin its individual capacity, 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 U.S. Bank National Association, in its individual capacity 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 AAR Annex or any other related document, as to all of which recourse shall be had solely to the assets of the Trust in accordance with the terms of the Pooling and Servicing Agreement. The parties hereto acknowledge that the Trustee has been directed under the Pooling and Servicing Agreement to enter into this Annex.
Appears in 1 contract
Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this AAR Agreement is executed by the Trustee: (i) this AAR Agreement is executed and delivered by U.S. Bank National Association, Association not in its individual capacity individually or personally but solely as Trustee under trustee of the Pooling and Servicing Agreement referred to hereinSupplemental Interest Trust, ▇▇▇▇▇▇ XS Trust Mortgage Pass-Through Certificates, Series 2007-16N, in the exercise of the powers and authority conferred and invested vested in it thereunderit, (ii) each of the representations, undertakings and agreements herein made on the part of the Trustee Supplemental Interest Trust, ▇▇▇▇▇▇ XS Trust Mortgage Pass-Through Certificates, Series 2007-16N is made and intended not as a personal representationrepresentations, undertaking or agreement undertakings and agreements by U.S. Bank National Association, Association but is made and intended for the purpose of binding only Citigroup the Supplemental Interest Trust, ▇▇▇▇▇▇ XS Trust Mortgage Loan Trust 2006-WFHE1 and the Trust Fund pledged by it to secure its Asset-Backed Pass-Through Certificates, Series 20062007-WFHE116N, (iii) nothing herein contained shall be construed as creating any liability on the part of U.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, hereto and (iv) under no circumstances shall U.S. Bank National Association, in its individual capacity Association 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, ▇▇▇▇▇▇ XS Trust Mortgage Pass-Through Certificates, Series 2007-16N under this AAR Agreement.
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 insofar as this AAR Agreement Confirmation is executed by the Trustee: Trustee (i) this AAR Agreement Confirmation is executed and delivered by U.S. Bank National Association▇▇▇▇▇ Fargo Bank, N.A. not in its individual capacity but solely as Trustee under the Pooling and Servicing Agreement referred to herein, in this Confirmation in the exercise of the powers and authority conferred and invested in it thereunder, thereunder (ii) each of the representations, undertakings and agreements herein made on the part of the Trustee is made and intended not as a personal representationPark Place Securities, undertaking or agreement by U.S. Bank National Association, but is made and intended for the purpose of binding only Citigroup Mortgage Loan Trust 2006-WFHE1 and the Trust Fund pledged by it to secure its Inc. Asset-Backed Pass-Through Certificates, Series 20062005-WFHE1WCW2 is made and intended not as personal representations, undertakings and agreements by ▇▇▇▇▇ Fargo Bank, N.A. but is made and intended for the purposes of binding only Park Place Securities, Inc. Asset-Backed Pass-Through Certificates, Series 2005-WCW2, (iii) nothing herein contained shall be construed as creating any liability on the part of U.S. Bank National Association▇▇▇▇▇ 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 U.S. Bank National Association▇▇▇▇▇ Fargo Bank, N.A. 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 AAR AgreementConfirmation or any other related documents.
Appears in 1 contract
Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this AAR Agreement is executed by the Trustee: (i) this AAR Agreement is executed and delivered by U.S. Deutsche Bank National AssociationTrust Company, not in its individual capacity individually or personally but solely as Trustee under the Pooling and Servicing Agreement referred to hereintrustee of Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2006-R1, in the exercise of the powers and authority conferred and invested vested in it thereunderunder the Pooling and Servicing Agreement, (ii) each of the representations, undertakings and agreements herein made on the part of the Trustee Trust is made and intended not as a personal representationrepresentations, undertaking or agreement undertakings and agreements by U.S. Deutsche Bank National Association, Trust Company but is made and intended for the purpose of binding only Citigroup Mortgage Loan Trust 2006-WFHE1 and the Trust Fund pledged by it to secure its Asset-Backed Pass-Through Certificates, Series 2006-WFHE1Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of U.S. Deutsche Bank 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 U.S. Deutsche Bank 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 Party B under this AAR 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 effective both under the laws of the State of New York and under the Pooling and Servicing Agreement, and the Trustee has the power to own assets in its capacity as trustee of the Trust.
Appears in 1 contract