Common use of Multiple Roles Clause in Contracts

Multiple Roles. The parties expressly acknowledge and consent to ▇▇▇▇▇ Fargo Bank, National Association acting in the possible dual capacity of successor Servicer and in the capacities of Indenture Trustee and Trust Collateral Agent. ▇▇▇▇▇ Fargo Bank, National Association may, in such dual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles or other breach of duties to the extent that any such conflict or breach arises from the performance by ▇▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Indenture or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇▇▇▇▇ Fargo Bank, National Association.

Multiple Roles. The parties expressly acknowledge and consent to ▇▇▇▇▇ Fargo Bank, National Association Association, acting in the possible dual capacity multiple roles of successor the Indenture Trustee, the Custodian, the Back-Up Servicer and in the capacities of Indenture Trustee and Trust Collateral AgentSuccessor Servicer. ▇▇▇▇▇ Fargo Bank, National Association may, in such dual capacitycapacities, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by ▇▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Indenture or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇▇▇▇▇ Fargo Bank, National Association.

Multiple Roles. The parties expressly acknowledge and consent to ▇▇▇▇▇ Fargo Bank, National Association acting in the possible dual capacity of successor Servicer and in the capacities of Indenture Trustee and Trust Collateral Agent. ▇▇▇▇▇ Fargo Bank, National Association may, in such dual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by ▇▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Indenture Agreement or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇▇▇▇▇ Fargo Bank, National Association.

Multiple Roles. The parties expressly acknowledge and consent to ▇▇▇▇▇ Fargo Bank, National Association Association, acting in the possible dual capacity multiple roles of Indenture Trustee, the Paying Agent, the successor Servicer, the Backup Servicer and in the capacities of Indenture Trustee and Trust Collateral AgentCustodian. ▇▇▇▇▇ Fargo Bank, National Association may, in such dual capacitycapacities, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by ▇▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Indenture or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto hereto, except in the case of negligence (other than errors in judgment) and willful misconduct by ▇▇▇▇▇ Fargo Bank, National Association.

Multiple Roles. The parties expressly acknowledge and consent to ▇W▇▇▇▇ Fargo Bank, National Association Association, acting in the possible dual capacity multiple roles of Indenture Trustee, the Paying Agent, the successor Servicer, the Backup Servicer and in the capacities of Indenture Trustee and Trust Collateral AgentCustodian. ▇W▇▇▇▇ Fargo Bank, National Association may, in such dual capacitycapacities, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by ▇W▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Indenture or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto hereto, except in the case of negligence (other than errors in judgment) and willful misconduct by ▇W▇▇▇▇ Fargo Bank, National Association.

Multiple Roles. The parties expressly acknowledge and consent to ▇▇▇▇▇ Fargo Bank, National Association acting in the possible dual capacity of successor Servicer and in the capacities of Indenture Trustee and Trust Collateral Agent. ▇▇▇▇▇ Fargo Bank, National Association may, in such dual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by ▇▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Indenture or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇▇▇▇▇ Fargo Bank, National Association.

Multiple Roles. The parties expressly acknowledge and consent to ▇W▇▇▇▇ Fargo Bank, National Association acting in the possible dual capacity of successor Servicer and in the capacities of Indenture Trustee and Trust Collateral Agent. ▇W▇▇▇▇ Fargo Bank, National Association may, in such dual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by ▇W▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Indenture Agreement or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇W▇▇▇▇ Fargo Bank, National Association.

Multiple Roles. The parties expressly acknowledge and consent to ▇▇▇▇▇ Fargo Bank, National Association Association, acting in the possible dual capacity multiple roles of successor the Indenture Trustee, the Custodian, the Back-Up Servicer and in the capacities of Indenture Trustee and Trust Collateral AgentSuccessor Servicer. ▇▇▇▇▇ Fargo Bank, National Association may, in such dual capacitycapacities, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by ▇▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Indenture or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇▇▇▇▇ Fargo Bank, National Association.. ARTICLE XIII

Multiple Roles. The parties expressly acknowledge and consent to ▇W▇▇▇▇ Fargo Bank, National Association acting in the possible dual capacity of successor Servicer and in the capacities of Indenture Trustee and Trust Collateral Agent. ▇W▇▇▇▇ Fargo Bank, National Association may, in such dual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by ▇W▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Indenture or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇W▇▇▇▇ Fargo Bank, National Association.

Multiple Roles. The parties expressly acknowledge and consent to ▇▇▇▇▇ Fargo Bank, National Association Association, acting in the possible dual capacity multiple roles of successor Indenture Trustee, the Custodian, the Back-Up Servicer and in the capacities of Indenture Trustee and Trust Collateral AgentSuccessor Servicer. ▇▇▇▇▇ Fargo Bank, National Association may, in such dual capacitycapacities, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by ▇▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Indenture or any other Basic Document and Servicing Agreement in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and ), bad faith or willful misconduct by ▇▇▇▇▇ Fargo Bank, National Association.

Multiple Roles. The parties expressly acknowledge and consent to ▇▇▇▇▇ Fargo Bank, National Association acting in the possible dual capacity of successor Servicer and in the capacities of Indenture Trustee and Trust Collateral Agent. ▇▇▇▇▇ Fargo Bank, National Association may, in such dual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by ▇▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Indenture or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇▇▇▇▇ Fargo Bank, National Association.. 20510355.11

Multiple Roles. The parties expressly acknowledge and consent to ▇▇▇▇▇ Fargo Bank, National Association acting in the possible dual capacity of successor Servicer and in the capacities of capacity as Indenture Trustee and Trust Collateral Agent. ▇▇▇▇▇ Fargo Bank, National Association may, in such dual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by ▇▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Indenture or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇▇▇▇▇ Fargo Bank, National Association.. [THIS SPACE LEFT INTENTIONALLY BLANK]

Multiple Roles. The parties expressly acknowledge and consent to ▇▇▇▇▇ Fargo Bank, National Association acting in the possible dual capacity of successor Servicer and in the capacities of Indenture Trustee and Trust Collateral Agent. ▇▇▇▇▇ Fargo Bank, National Association may, in such dual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by ▇▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Indenture or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇▇▇▇▇ Fargo Bank, National Association.. 21345541.5

Multiple Roles. The parties expressly acknowledge and consent to ▇▇▇▇▇ Fargo Bank, National Association acting in the possible dual capacity of successor Servicer and in the capacities of Indenture Trustee and Trust Collateral Agent. ▇▇▇▇▇ Fargo Bank, National Association may, in such dual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by ▇▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Indenture or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇▇▇▇▇ Fargo Bank, National Association.. 19914942.3

Multiple Roles. The parties expressly acknowledge and consent to ▇▇▇▇▇ Fargo Bank, National Association Association, acting in the possible dual capacity multiple roles of successor Indenture Trustee, the Custodian, the Back-Up Servicer and in the capacities of Indenture Trustee and Trust Collateral AgentSuccessor Servicer. ▇▇▇▇▇ Fargo Bank, National Association may, in such dual capacitycapacities, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by ▇▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Indenture or any other Basic Document and Servicing Agreement in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇▇▇▇▇ Fargo Bank, National Association.

Multiple Roles. The parties expressly acknowledge and consent to ▇▇▇▇▇ Fargo Bank, National Association acting in the possible dual capacity multiple capacities of successor Servicer Securities Intermediary, Depositary Bank, Paying Agent, Note Registrar, and in the capacities of capacity as Indenture Trustee and Trust Collateral AgentTrustee. ▇▇▇▇▇ Fargo Bank, National Association may, in such dual capacitymultiple capacities, discharge its separate functions fully, without hindrance or regard to conflict of interest principles or other breach of duties to the extent that any such conflict or breach arises from the performance by ▇▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Indenture or and any other Basic Document Related Documents in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇▇▇▇▇ Fargo Bank, National Association.

Multiple Roles. The parties expressly acknowledge and consent to ▇▇▇▇▇ Fargo Bank, National Association acting in the possible dual capacity multiple capacities of successor Servicer Securities Intermediary, Paying Agent, Note Registrar, Manager Transfer Facilitator, and in the capacities of capacity as Indenture Trustee and Trust Collateral AgentTrustee. ▇▇▇▇▇ Fargo Bank, National Association may, in such dual capacitymultiple capacities, discharge its separate functions fully, without hindrance or regard to conflict of interest principles or other breach of duties to the extent that any such conflict or breach arises from the performance by ▇▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Indenture or and any other Basic Document Related Documents in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇▇▇▇▇ Fargo Bank, National Association.

Multiple Roles. The parties expressly acknowledge and consent to ▇▇▇▇▇ Fargo Bank, National Association acting in the possible dual capacity of successor Servicer and in the capacities of Indenture Trustee and Trust Collateral Agent. ▇▇▇▇▇ Fargo Bank, National Association may, in such dual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by ▇▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Indenture or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇▇▇▇▇ Fargo Bank, National Association.. 22214937.4

Multiple Roles. The parties expressly acknowledge and consent to ▇W▇▇▇▇ Fargo Bank, National Association acting in the possible dual capacity of successor Servicer and in the capacities of Indenture Trustee and Trust Collateral Agent. ▇W▇▇▇▇ Fargo Bank, National Association may, in such dual capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by ▇W▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Indenture or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇W▇▇▇▇ Fargo Bank, National Association.. [THIS SPACE LEFT INTENTIONALLY BLANK]

Multiple Roles. The parties expressly acknowledge and consent to ▇▇▇▇▇ Fargo Bank, National Association Association, acting in the possible dual capacity multiple roles of successor the Indenture Trustee, the Hedge Collateral Account Bank, the Custodian, the Back-Up Servicer and in the capacities of Indenture Trustee and Trust Collateral AgentSuccessor Servicer. ▇▇▇▇▇ Fargo Bank, National Association may, in such dual capacitycapacities, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by ▇▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Indenture or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇▇▇▇▇ Fargo Bank, National Association.

Multiple Roles. The parties expressly acknowledge and consent to ▇W▇▇▇▇ Fargo Bank, National Association Association, acting in the possible dual capacity multiple roles of successor the Indenture Trustee, the Custodian, the Back-Up Servicer and in the capacities of Indenture Trustee and Trust Collateral AgentSuccessor Servicer. ▇W▇▇▇▇ Fargo Bank, National Association may, in such dual capacitycapacities, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by ▇W▇▇▇▇ Fargo Bank, National Association of express duties set forth in this Indenture or any other Basic Document in any of such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) and willful misconduct by ▇W▇▇▇▇ Fargo Bank, National Association.