Common use of Release by the 2011-1 Trustee Clause in Contracts

Release by the 2011-1 Trustee. The 2011-1 Trustee (i) releases any and all rights in and to any Collections with respect to the Comerica Loans, the Wxxxx Fargo Warehouse Loans, the Fifth Third Loans, the BMO Loans, the 2012-2 Loans, the 2012-1 Loans, the 2010-1 Loans, or in any Back-end Dealer Payments; provided, that no release shall have been granted with respect to amounts collected under any Pools or Purchased Loans which are Back-end Dealer Payments that have been set off by CAC or by Comerica pursuant to the CAC Credit Facility Documents against amounts owing under the 2011-1 Loans and (ii) relinquishes all rights it has or may have to require CAC, individually or as servicer, any successor servicer, Funding 2011-1 or the 2011-1 Trust to use Collections on its behalf contrary to clause (d)(i). The 2011-1 Trust agrees that the lien and security interest granted to the 2011-1 Trustee pursuant to the 2011-1 Securitization Documents to which it is a party does not and shall not attach to any Comerica Loans, Wxxxx Fargo Warehouse Loans, Fifth Third Loans, BMO Loans, the 2012-2 Loans, the 2012-1 Loans, the 2010-1 Loans (or related Collections) or to any Back-end Dealer Payments and shall not assert any claim thereto.

Release by the 2011-1 Trustee. The 2011-1 Trustee (i) releases any and all rights in and to any Collections with respect to the Comerica Loans, the Wxxxx Fargo Warehouse Loans, the Fifth Third Loans, the BMO Loans, the 2012-2 Loans, the 20122010-1 Loans, the 20102009-1 Loans, or in any Back-end Dealer Payments; provided, that no release shall have been granted with respect to amounts collected under any Pools or Purchased Loans which are Back-end Dealer Payments that have been set off by CAC or by Comerica pursuant to the CAC Credit Facility Documents against amounts owing under the 2011-1 Loans and (ii) relinquishes all rights it has or may have to require CAC, individually or as servicer, any successor servicer, Funding 2011-1 or the 2011-1 Trust to use Collections on its behalf contrary to clause (d)(ie)(i). The 2011-1 Trust agrees that the lien and security interest granted to the 2011-1 Trustee pursuant to the 2011-1 Securitization Documents to which it is a party does not and shall not attach to any Comerica Loans, Wxxxx Fargo Warehouse Loans, Fifth Third Loans, BMO Loans, the 2012-2 Loans, the 20122010-1 Loans, the 20102009-1 Loans (or related Collections) or to any Back-end Dealer Payments and shall not assert any claim thereto.

Release by the 2011-1 Trustee. The 2011-1 Trustee (i) releases any and all rights in and to any Collections with respect to the Comerica Loans, the Wxxxx Fargo Warehouse Loans, the Fifth Third Loans, the BMO Loans, the 2014-1 Loans, the 2013-2 Loans, the 2013-1 Loans, the 2012-2 Loans, the 2012-1 Loans, the 2010-1 Loans, or in any Back-end Dealer Payments; provided, that no release shall have been granted with respect to amounts collected under any Pools or Purchased Loans which are Back-end Dealer Payments that have been set off by CAC or by Comerica pursuant to the CAC Credit Facility Documents against amounts owing under the 2011-1 Loans and (ii) relinquishes all rights it has or may have to require CAC, individually or as servicer, any successor servicer, Funding 2011-1 or the 2011-1 Trust to use Collections on its behalf contrary to clause (d)(ic)(i). The 2011-1 Trust agrees that the lien and security interest granted to the 2011-1 Trustee pursuant to the 2011-1 Securitization Documents to which it is a party does not and shall not attach to any Comerica Loans, Wxxxx Fargo Warehouse Loans, Fifth Third Loans, BMO Loans, the 2014-1 Loans, the 2013-2 Loans, the 2013-1 Loans, the 2012-2 Loans, the 2012-1 Loans, the 2010-1 Loans (or related Collections) or to any Back-end Dealer Payments and shall not assert any claim thereto.

Release by the 2011-1 Trustee. The 2011-1 Trustee (i) releases any and all rights in and to any Collections with respect to the Comerica Loans, the Wxxxx Fargo Warehouse Loans, the Fifth Third Loans, the BMO Loans, the 2013-2 Loans, the 2013-1 Loans, the 2012-2 Loans, the 2012-1 Loans, the 2010-1 Loans, or in any Back-end Dealer Payments; provided, that no release shall have been granted with respect to amounts collected under any Pools or Purchased Loans which are Back-end Dealer Payments that have been set off by CAC or by Comerica pursuant to the CAC Credit Facility Documents against amounts owing under the 2011-1 Loans and (ii) relinquishes all rights it has or may have to require CAC, individually or as servicer, any successor servicer, Funding 2011-1 or the 2011-1 Trust to use Collections on its behalf contrary to clause (d)(ic)(i). The 2011-1 Trust agrees that the lien and security interest granted to the 2011-1 Trustee pursuant to the 2011-1 Securitization Documents to which it is a party does not and shall not attach to any Comerica Loans, Wxxxx Fargo Warehouse Loans, Fifth Third Loans, BMO Loans, the 2013-2 Loans, the 2013-1 Loans, the 2012-2 Loans, the 2012-1 Loans, the 2010-1 Loans (or related Collections) or to any Back-end Dealer Payments and shall not assert any claim thereto.

Release by the 2011-1 Trustee. The 2011-1 Trustee (i) releases any and all rights in and to any Collections with respect to the Comerica Loans, the Wxxxx Xxxxx Fargo Warehouse Loans, the Fifth Third Loans, the BMO Loans, the 2012-2 Loans, the 2012-1 Loans, the 2010-1 Loans, or in any Back-end Dealer Payments; provided, that no release shall have been granted with respect to amounts collected under any Pools or Purchased Loans which are Back-end Dealer Payments that have been set off by CAC or by Comerica pursuant to the CAC Credit Facility Documents against amounts owing under the 2011-1 Loans and (ii) relinquishes all rights it has or may have to require CAC, individually or as servicer, any successor servicer, Funding 2011-1 or the 2011-1 Trust to use Collections on its behalf contrary to clause (d)(ic)(i). The 2011-1 Trust agrees that the lien and security interest granted to the 2011-1 Trustee pursuant to the 2011-1 Securitization Documents to which it is a party does not and shall not attach to any Comerica Loans, Wxxxx Xxxxx Fargo Warehouse Loans, Fifth Third Loans, BMO Loans, the 2012-2 Loans, the 2012-1 Loans, the 2010-1 Loans (or related Collections) or to any Back-end Dealer Payments and shall not assert any claim thereto.

Release by the 2011-1 Trustee. The 2011-1 Trustee (i) releases any and all rights in and to any Collections with respect to the Comerica Loans, the Wxxxx Xxxxx Fargo Warehouse Loans, the Fifth Third Loans, the BMO Loans, the 2013-1 Loans, the 2012-2 Loans, the 2012-1 Loans, the 2010-1 Loans, or in any Back-end Dealer Payments; provided, that no release shall have been granted with respect to amounts collected under any Pools or Purchased Loans which are Back-end Dealer Payments that have been set off by CAC or by Comerica pursuant to the CAC Credit Facility Documents against amounts owing under the 2011-1 Loans and (ii) relinquishes all rights it has or may have to require CAC, individually or as servicer, any successor servicer, Funding 2011-1 or the 2011-1 Trust to use Collections on its behalf contrary to clause (d)(i). The 2011-1 Trust agrees that the lien and security interest granted to the 2011-1 Trustee pursuant to the 2011-1 Securitization Documents to which it is a party does not and shall not attach to any Comerica Loans, Wxxxx Xxxxx Fargo Warehouse Loans, Fifth Third Loans, BMO Loans, the 2013-1 Loans, the 2012-2 Loans, the 2012-1 Loans, the 2010-1 Loans (or related Collections) or to any Back-end Dealer Payments and shall not assert any claim thereto.