Trustee Liability Limitations. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by The Bank of New York, not individually or personally but solely as Trustee of the Supplemental Interest Trust (as defined in the Pooling and Servicing Agreement) created pursuant to the Pooling and Servicing Agreement, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of Party B are made and intended not as personal representations, undertakings and agreements by The Bank of New York but is made and intended for the purpose of binding only Party B, (c) nothing herein contained shall be construed as creating any liability on The Bank of New York 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; provided that nothing in this paragraph shall relieve The Bank of New York from performing its duties and obligations under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (d) under no circumstances shall The Bank of New York 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. Please confirm your agreement to the terms of the foregoing Schedule by signing below. By: ___________________________________ Name: Title: THE BANK OF NEW YORK, not individually, but solely as Trustee on behalf of the Supplemental Interest Trust created pursuant to the Pooling and Servicing Agreement for GE-WMC Asset-Backed Pass-Through Certificates, Series 2005-1 By: ___________________________________ Name: Title: RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO ▇▇▇▇▇▇ LOAN SERVICING LP ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attn: _________________________________ KNOW ALL MEN BY THESE PRESENTS, that _____________, having its principal place of business at ______________________, as Trustee (the “Trustee”) pursuant to that Pooling and Servicing Agreement among ____________________ (the “Depositor”), ▇▇▇▇▇▇ Loan Servicing LP (the “Servicer”), and the Trustee, dated as of _______________ 1, 200__ (the “Pooling and Servicing Agreement”), hereby constitutes and appoints the Servicer, by and through the Servicer’s officers, the Trustee’s true and lawful Attorney-in-Fact, in the Trustee’s name, place and stead and for the Trustee’s benefit, in connection with all mortgage loans serviced by the Servicer pursuant to the Pooling and Servicing Agreement for the purpose of performing all acts and executing all documents in the name of the Trustee as may be customarily and reasonably necessary and appropriate to effectuate the following enumerated transactions in respect of any of the mortgages or deeds of trust (the “Mortgages” and the “Deeds of Trust”, respectively) and promissory notes secured thereby (the “Mortgage Notes”) for which the undersigned is acting as Trustee for various certificateholders (whether the undersigned is named therein as mortgagee or beneficiary or has become mortgagee by virtue of endorsement of the Mortgage Note secured by any such Mortgage or Deed of Trust) and for which the Servicer is acting as servicer, all subject to the terms of the Pooling and Servicing Agreement. This appointment shall apply to the following enumerated transactions only:
Appears in 1 contract
Sources: Pooling and Servicing Agreement (GE-WMC Asset-Backed Pass Through Certificates, Series 2005-1)
Trustee Liability Limitations. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by The LaSalle Bank of New YorkNational Association (“LaSalle”), not individually or personally but solely as Trustee on behalf of the Supplemental Interest Trust (as defined in the Pooling and Servicing Agreement) created pursuant to the Pooling and Servicing Agreement, in the exercise of the powers and authority conferred and vested in itTrust, (b) each of the representations, undertakings and agreements herein made on the part of Party B are the Counterparty is made and intended not as personal representations, undertakings and agreements by The Bank of New York LaSalle but is made and intended for the purpose of binding only Party Bthe Counterparty, (c) nothing herein contained shall be construed as creating any liability on The Bank of New York LaSalle, 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; provided that nothing in this paragraph shall relieve The Bank of New York LaSalle from performing its duties and obligations under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (d) under no circumstances shall The Bank of New York LaSalle be personally liable for the payment of any indebtedness or expenses of Party B the Counterparty or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B the Counterparty under this Agreement or any other related documents. Please confirm your agreement , other than due to its gross negligence or willful misconduct in performing the terms obligations of the foregoing Schedule by signing belowTrustee under the Pooling and Servicing Agreement. By: ___________________________________ Name: Title: THE BANK OF NEW YORK, not individually, but solely Any resignation or removal of LaSalle as Trustee on behalf of the Supplemental Interest Trust created pursuant shall require the assignment of this agreement to LaSalle’s replacement, and (e) the Pooling parties hereto acknowledge and Servicing Agreement agree that under (i) the Swap Administration Agreement, dated as of October 31, 2005, among LaSalle Bank National Association, as swap administrator (in such capacity, the “Swap Administrator”), LaSalle Bank National Association, as Supplemental Interest Trust Trustee, the Trustee, and LaSalle Bank National Association, as indenture trustee for GECMO Holdings II Ltd., BSABS HE10 NIM Trust 2005-WMC HE10, Asset-Backed Pass-Through CertificatesNotes, Series 2005-1 By: ___________________________________ Name: Title: RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO ▇▇▇▇▇▇ LOAN SERVICING LP ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇HE10, ▇▇▇▇▇ ▇▇▇▇▇ Attn: _________________________________ KNOW ALL MEN BY THESE PRESENTS, that _____________, having its principal place of business at ______________________, as Trustee (the “Trustee”ii) pursuant to that Pooling and Servicing Agreement among ____________________ (the “Depositor”), ▇▇▇▇▇▇ Loan Servicing LP (the “Servicer”), and the Trustee, dated as of _______________ 1, 200__ (the “Pooling and Servicing Agreement”), hereby constitutes and appoints the Servicer, by and through the Servicer’s officers, the Trustee’s true and lawful Attorney-in-Fact, in the Trustee’s name, place and stead and for the Trustee’s benefit, in connection with all mortgage loans serviced by the Servicer pursuant to the Pooling and Servicing Agreement for the purpose of performing all acts and executing all documents in the name of the Trustee as may be customarily and reasonably necessary and appropriate to effectuate the following enumerated transactions in respect of any of the mortgages or deeds of trust (the “Mortgages” and the “Deeds of Trust”, respectively) and promissory notes secured thereby (the “Mortgage Notes”) for which the undersigned is acting as Trustee for various certificateholders (whether the undersigned is named therein as mortgagee or beneficiary or has become mortgagee by virtue of endorsement of the Mortgage Note secured by any such Mortgage or Deed of Trust) and for which the Servicer is acting as servicer, all subject to the terms of the Pooling and Servicing Agreement. This appointment shall apply , and (iii) this Agreement, the Swap Administrator may act for Counterparty hereunder, and IXIS hereby acknowledges and agrees that it will, unless otherwise directed by the Trustee or the Swap Administrator, make all payments hereunder to the following enumerated transactions only:account specified below. IXIS shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Swap Administrator.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2005-He10)
Trustee Liability Limitations. It is expressly understood and agreed by the parties hereto that that:
(ai) this Agreement is executed and delivered by The Bank of New York▇▇▇▇▇ Fargo Bank, National Association ("▇▇▇▇▇ Fargo"), not individually or personally but solely as Trustee on behalf of the Supplemental Interest Trust Counterparty
(as defined in the Pooling and Servicing Agreement) created pursuant to the Pooling and Servicing Agreement, in the exercise of the powers and authority conferred and vested in it, (bii) each of the representations, undertakings and agreements herein made on the part of Party B are the Counterparty is made and intended not as a personal representationsrepresentation, undertakings and agreements by The Bank undertaking or agreement of New York ▇▇▇▇▇ Fargo but is made and intended for the purpose of binding only Party B, the Counterparty;
(ciii) nothing herein contained shall be construed as creating imposing any liability on The Bank of New York upon ▇▇▇▇▇ Fargo, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto; provided that nothing in this paragraph shall relieve The Bank of New York ▇▇▇▇▇ Fargo from performing its duties and obligations under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and ;
(div) under no circumstances shall The Bank of New York ▇▇▇▇▇ Fargo be personally liable for the payment of any indebtedness or expenses of Party B the Counterparty or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B the Counterparty under this Agreement or any other related documents. Please confirm your agreement , other than due to its negligence or willful misconduct in performing the terms obligations of ▇▇▇▇▇ Fargo under the foregoing Schedule by signing below. By: ___________________________________ Name: Title: THE BANK OF NEW YORK, not individually, but solely Pooling and Servicing Agreement;
(v) any resignation or removal of ▇▇▇▇▇ Fargo as Trustee trustee on behalf of the Supplemental Interest Trust created Counterparty shall require the assignment of this agreement to an eligible trustee replacement;
(vi) ▇▇▇▇▇ Fargo has been directed, pursuant to the Pooling and Servicing Agreement, to enter into this Agreement for GE-WMC Asset-Backed Pass-Through Certificates, Series 2005-1 By: ___________________________________ Name: Title: RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO ▇▇▇▇▇▇ LOAN SERVICING LP ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attn: _________________________________ KNOW ALL MEN BY THESE PRESENTS, and to perform its obligations hereunder.
(n) Substantial Financial Transaction. Each party hereto is hereby advised and acknowledges that _____________, having its principal place of business at ______________________the other party has engaged in (or refrained from engaging in) substantial financial transactions and has taken (or refrained from taking) other material actions in reliance upon the entry by the parties into the Transaction being entered into on the terms and conditions set forth herein and in the Confirmation relating to such Transaction, as Trustee (the “Trustee”) pursuant to that Pooling and Servicing Agreement among ____________________ (the “Depositor”), ▇▇▇▇▇▇ Loan Servicing LP (the “Servicer”), and the Trustee, dated as of _______________ 1, 200__ (the “Pooling and Servicing Agreement”), hereby constitutes and appoints the Servicer, by and through the Servicer’s officers, the Trustee’s true and lawful Attorney-in-Fact, in the Trustee’s name, place and stead and for the Trustee’s benefit, in connection with all mortgage loans serviced by the Servicer pursuant to the Pooling and Servicing Agreement for the purpose of performing all acts and executing all documents in the name of the Trustee as may be customarily and reasonably necessary and appropriate to effectuate the following enumerated transactions in respect of any of the mortgages or deeds of trust (the “Mortgages” and the “Deeds of Trust”, respectively) and promissory notes secured thereby (the “Mortgage Notes”) for which the undersigned is acting as Trustee for various certificateholders (whether the undersigned is named therein as mortgagee or beneficiary or has become mortgagee by virtue of endorsement of the Mortgage Note secured by any such Mortgage or Deed of Trust) and for which the Servicer is acting as servicer, all subject to the terms of the Pooling and Servicing Agreementapplicable. This appointment paragraph shall apply to be deemed repeated on the following enumerated transactions only:trade date of each Transaction.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2007-Ar3)
Trustee Liability Limitations. It is expressly understood and agreed by the parties hereto that that:
(ai) this Agreement is executed and delivered by The LaSalle Bank of New YorkNational Association ("LaSalle"), not individually or personally but solely as Trustee on behalf of the Supplemental Interest Trust First Franklin Mortgage Loan Trust, Series 2006-FF18.
(as defined in the Pooling and Servicing Agreement) created pursuant to the Pooling and Servicing Agreement, in the exercise of the powers and authority conferred and vested in it, (bii) each of the representations, undertakings and agreements herein made on the part of Party B are the Counterparty is made and intended not as a personal representationsrepresentation, undertakings and agreements by The Bank undertaking or agreement of New York LaSalle but is made and intended for the purpose of binding only Party B, the Counterparty;
(ciii) nothing herein contained shall be construed as creating imposing any liability on The Bank of New York upon LaSalle, 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; provided that nothing in this paragraph shall relieve The Bank of New York from LaSallefrom performing its duties and obligations under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and ;
(div) under no circumstances shall The Bank of New York LaSalle be personally liable for the payment of any indebtedness or expenses of Party B the Counterparty or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B the Counterparty under this Agreement or any other related documents. Please confirm your agreement , other than due to its negligence or willful misconduct in performing the terms obligations of the foregoing Schedule by signing below. By: ___________________________________ Name: Title: THE BANK OF NEW YORK, not individually, but solely Trustee under the Pooling and Servicing Agreement;
(v) any resignation or removal of LaSalle as Trustee trustee on behalf of the Supplemental Interest Trust created First Franklin Mortgage Loan Trust, Series 2006-FF18 shall require the assignment of this agreement to a trustee replacement;
(vi) LaSalle in its capacity as Trustee has been directed, pursuant to the Pooling and Servicing Agreement, to enter into this Agreement for GE-WMC Asset-Backed Pass-Through Certificates, Series 2005-1 By: ___________________________________ Name: Title: RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO ▇▇▇▇▇▇ LOAN SERVICING LP ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attn: _________________________________ KNOW ALL MEN BY THESE PRESENTS, that _____________, having and to perform its principal place of business at ______________________, as Trustee (the “Trustee”) pursuant to that Pooling and Servicing Agreement among ____________________ (the “Depositor”), ▇▇▇▇▇▇ Loan Servicing LP (the “Servicer”), and the Trustee, dated as of _______________ 1, 200__ (the “Pooling and Servicing Agreement”), hereby constitutes and appoints the Servicer, by and through the Servicer’s officers, the Trustee’s true and lawful Attorney-in-Fact, in the Trustee’s name, place and stead and for the Trustee’s benefit, in connection with all mortgage loans serviced by the Servicer pursuant to the Pooling and Servicing Agreement for the purpose of performing all acts and executing all documents in the name of the Trustee as may be customarily and reasonably necessary and appropriate to effectuate the following enumerated transactions in respect of any of the mortgages or deeds of trust (the “Mortgages” and the “Deeds of Trust”, respectively) and promissory notes secured thereby (the “Mortgage Notes”) for which the undersigned is acting as Trustee for various certificateholders (whether the undersigned is named therein as mortgagee or beneficiary or has become mortgagee by virtue of endorsement of the Mortgage Note secured by any such Mortgage or Deed of Trust) and for which the Servicer is acting as servicer, all subject to the terms of the Pooling and Servicing Agreement. This appointment shall apply to the following enumerated transactions only:obligations hereunder.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust, Series 2006-Ff18)
Trustee Liability Limitations. It is expressly understood and agreed by the parties hereto that that:
(ai) this Agreement is executed and delivered by The U.S. Bank of New YorkNational Association ("U.S. Bank"), not individually or personally but solely as Trustee on behalf of the Supplemental Interest Trust Speciality Underwriting and Residential Finance Trust, Series 2007-BC2;
(as defined in the Pooling and Servicing Agreement) created pursuant to the Pooling and Servicing Agreement, in the exercise of the powers and authority conferred and vested in it, (bii) each of the representations, undertakings and agreements herein made on the part of Party B are the Counterparty is made and intended not as a personal representationsrepresentation, undertakings and agreements by The undertaking or agreement of U.S. Bank of New York but is made and intended for the purpose of binding only Party B, the Counterparty;
(ciii) nothing herein contained shall be construed as creating imposing any liability on The Bank of New York upon U.S. 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; provided that nothing in this paragraph shall relieve The Bank of New York the Trustee from performing its duties and obligations under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and ;
(div) under no circumstances shall The Bank of New York the Trustee be personally liable for the payment of any indebtedness or expenses of Party B the Counterparty or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B the Counterparty under this Agreement or any other related documents. Please confirm your agreement , other than due to its negligence or willful misconduct in performing the terms obligations of the foregoing Schedule by signing below. By: ___________________________________ Name: Title: THE BANK OF NEW YORK, not individually, but solely Trustee under the Pooling and Servicing Agreement;
(v) any resignation or removal of U.S. Bank as Trustee trustee on behalf of the Supplemental Interest Trust created shall require the assignment of this agreement to an eligible replacement;
(vi) The Trustee has been directed, pursuant to the Pooling and Servicing Agreement, to enter into this Agreement for GE-WMC Asset-Backed Pass-Through Certificates, Series 2005-1 By: ___________________________________ Name: Title: RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO ▇▇▇▇▇▇ LOAN SERVICING LP ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attn: _________________________________ KNOW ALL MEN BY THESE PRESENTS, that _____________, having and to perform its principal place of business at ______________________, as Trustee (the “Trustee”) pursuant to that Pooling and Servicing Agreement among ____________________ (the “Depositor”), ▇▇▇▇▇▇ Loan Servicing LP (the “Servicer”), and the Trustee, dated as of _______________ 1, 200__ (the “Pooling and Servicing Agreement”), hereby constitutes and appoints the Servicer, by and through the Servicer’s officers, the Trustee’s true and lawful Attorney-in-Fact, in the Trustee’s name, place and stead and for the Trustee’s benefit, in connection with all mortgage loans serviced by the Servicer pursuant to the Pooling and Servicing Agreement for the purpose of performing all acts and executing all documents in the name of the Trustee as may be customarily and reasonably necessary and appropriate to effectuate the following enumerated transactions in respect of any of the mortgages or deeds of trust (the “Mortgages” and the “Deeds of Trust”, respectively) and promissory notes secured thereby (the “Mortgage Notes”) for which the undersigned is acting as Trustee for various certificateholders (whether the undersigned is named therein as mortgagee or beneficiary or has become mortgagee by virtue of endorsement of the Mortgage Note secured by any such Mortgage or Deed of Trust) and for which the Servicer is acting as servicer, all subject to the terms of the Pooling and Servicing Agreement. This appointment shall apply to the following enumerated transactions only:obligations hereunder.
Appears in 1 contract
Trustee Liability Limitations. It is expressly understood and agreed by the parties hereto that (a) this Agreement is executed and delivered by The LaSalle Bank of New YorkNational Association (“LaSalle”), not individually or personally but solely as Trustee on behalf of the Supplemental Interest Trust (as defined in the Pooling and Servicing Agreement) created pursuant to the Pooling and Servicing Agreement, in the exercise of the powers and authority conferred and vested in itTrust, (b) each of the representations, undertakings and agreements herein made on the part of Party B are the Counterparty is made and intended not as personal representations, undertakings and agreements by The Bank of New York LaSalle but is made and intended for the purpose of binding only Party Bthe Counterparty, (c) nothing herein contained shall be construed as creating any liability on The Bank of New York LaSalle, 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; provided that nothing in this paragraph shall relieve The Bank of New York LaSalle from performing its duties and obligations under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (d) under no circumstances shall The Bank of New York LaSalle be personally liable for the payment of any indebtedness or expenses of Party B the Counterparty or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B the Counterparty under this Agreement or any other related documents. Please confirm your agreement , other than due to its gross negligence or willful misconduct in performing the terms obligations of the foregoing Schedule by signing belowTrustee under the Pooling and Servicing Agreement. By: ___________________________________ Name: Title: THE BANK OF NEW YORK, not individually, but solely Any resignation or removal of LaSalle as Trustee on behalf of the Supplemental Interest Trust created shall require the assignment of this agreement to LaSalle’s replacement, (e) LaSalle has been directed pursuant to the Pooling and Servicing Agreement to enter into this Agreement and to perform its obligations hereunder, and (f) the parties hereto acknowledge and agree that under (i) the Derivative Administration Agreement, dated as of December 30, 2005, among LaSalle Bank National Association, as derivative administrator (in such capacity, the “Derivative Administrator”), LaSalle Bank National Association, as Supplemental Interest Trust Trustee, the Trustee, and LaSalle Bank National Association, as indenture trustee for GE-WMC Asset-Backed Pass-Through Certificates, Series 2005-1 By: ___________________________________ Name: Title: RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO ▇▇▇▇▇▇ LOAN SERVICING LP ▇▇▇▇ ▇▇▇▇ Bear ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇Asset Backed Securities I Trust 2005-HE12, ▇▇▇▇▇ ▇▇▇▇▇ Attn: _________________________________ KNOW ALL MEN BY THESE PRESENTSAsset-Backed Certificates, that _____________Series 2005-HE12, having its principal place of business at ______________________, as Trustee (the “Trustee”ii) pursuant to that Pooling and Servicing Agreement among ____________________ (the “Depositor”), ▇▇▇▇▇▇ Loan Servicing LP (the “Servicer”), and the Trustee, dated as of _______________ 1, 200__ (the “Pooling and Servicing Agreement”), hereby constitutes and appoints the Servicer, by and through the Servicer’s officers, the Trustee’s true and lawful Attorney-in-Fact, in the Trustee’s name, place and stead and for the Trustee’s benefit, in connection with all mortgage loans serviced by the Servicer pursuant to the Pooling and Servicing Agreement for the purpose of performing all acts and executing all documents in the name of the Trustee as may be customarily and reasonably necessary and appropriate to effectuate the following enumerated transactions in respect of any of the mortgages or deeds of trust (the “Mortgages” and the “Deeds of Trust”, respectively) and promissory notes secured thereby (the “Mortgage Notes”) for which the undersigned is acting as Trustee for various certificateholders (whether the undersigned is named therein as mortgagee or beneficiary or has become mortgagee by virtue of endorsement of the Mortgage Note secured by any such Mortgage or Deed of Trust) and for which the Servicer is acting as servicer, all subject to the terms of the Pooling and Servicing Agreement. This appointment shall apply , and (iii) this Agreement, the Derivative Administrator may act for Counterparty hereunder, and IXIS hereby acknowledges and agrees that it will, unless otherwise directed by the Trustee or the Derivative Administrator, make all payments hereunder to the following enumerated transactions only:account specified below. IXIS shall be entitled to rely, shall be fully protected in relying, and shall incur no liability from relying in good faith, upon any writing, resolution, notice, consent, certificate, affidavit, letter, telegram, facsimile or telephone message, statement or other document or conversation believed by it to be genuine and correct and to have been signed, sent or made by the Derivative Administrator.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2005-He12)
Trustee Liability Limitations. It is expressly understood and agreed by the parties hereto that that:
(ai) this Agreement is executed and delivered by The LaSalle Bank of New YorkNational Association ("LaSalle"), not individually or personally but solely as Trustee on behalf of the Supplemental Interest Trust ▇▇▇▇▇▇▇ ▇▇▇▇▇ First ▇▇▇▇▇▇▇▇ Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series 2007-1.
(as defined in the Pooling and Servicing Agreement) created pursuant to the Pooling and Servicing Agreement, in the exercise of the powers and authority conferred and vested in it, (bii) each of the representations, undertakings and agreements herein made on the part of Party B are the Counterparty is made and intended not as a personal representationsrepresentation, undertakings and agreements by The Bank undertaking or agreement of New York LaSalle but is made and intended for the purpose of binding only Party B, the Counterparty;
(ciii) nothing herein contained shall be construed as creating imposing any liability on The Bank of New York upon LaSalle, 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; provided that nothing in this paragraph shall relieve The Bank of New York the Trustee from performing its duties and obligations under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and ;
(div) under no circumstances shall The Bank of New York the Trustee be personally liable for the payment of any indebtedness or expenses of Party B the Counterparty or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B the Counterparty under this Agreement or any other related documents. Please confirm your agreement to , provided that nothing in this paragraph shall relieve the terms of the foregoing Schedule by signing below. By: ___________________________________ Name: Title: THE BANK OF NEW YORK, not individually, but solely as Trustee on behalf of the Supplemental Interest Trust created pursuant to from performing its duties and obligations under the Pooling and Servicing Agreement for GE-WMC Asset-Backed Pass-Through Certificates, Series 2005-1 By: ___________________________________ Name: Title: RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO ▇▇▇▇▇▇ LOAN SERVICING LP ▇▇▇▇ ▇▇▇▇ in accordance with the standard of care set forth therein;
(v) any resignation or removal of LaSalle as trustee on behalf of ▇▇▇▇▇▇▇ ▇▇▇▇▇ First ▇▇▇▇▇▇▇▇ Mortgage Loan Trust, ▇▇▇▇▇ ▇▇▇▇▇ Attn: _________________________________ KNOW ALL MEN BY THESE PRESENTSMortgage Loan Asset-Backed Certificates, that _____________Series 2007-1 shall require the assignment of this agreement to an eligible Trustee replacement;
(vi) The Trustee has been directed, having its principal place of business at ______________________, as Trustee (the “Trustee”) pursuant to that Pooling and Servicing Agreement among ____________________ (the “Depositor”), ▇▇▇▇▇▇ Loan Servicing LP (the “Servicer”), and the Trustee, dated as of _______________ 1, 200__ (the “Pooling and Servicing Agreement”), hereby constitutes and appoints the Servicer, by and through the Servicer’s officers, the Trustee’s true and lawful Attorney-in-Fact, in the Trustee’s name, place and stead and for the Trustee’s benefit, in connection with all mortgage loans serviced by the Servicer pursuant to the Pooling and Servicing Agreement, to enter into this Agreement for the purpose of performing all acts and executing all documents in the name of the Trustee as may be customarily and reasonably necessary and appropriate to effectuate the following enumerated transactions in respect of any of the mortgages or deeds of trust (the “Mortgages” and the “Deeds of Trust”, respectively) and promissory notes secured thereby (the “Mortgage Notes”) for which the undersigned is acting as Trustee for various certificateholders (whether the undersigned is named therein as mortgagee or beneficiary or has become mortgagee by virtue of endorsement of the Mortgage Note secured by any such Mortgage or Deed of Trust) and for which the Servicer is acting as servicer, all subject to the terms of the Pooling and Servicing Agreement. This appointment shall apply to the following enumerated transactions only:perform its obligations hereunder.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)
Trustee Liability Limitations. It is expressly understood and agreed by the parties hereto that that:
(ai) this Agreement is executed and delivered by The Bank of New YorkWells Fargo Bank, National Association ("Wells Fargo"), not individually individ▇▇▇▇▇ or personally but solely as Trustee of the Supplemental Interest Trust (as defined in ▇▇▇er the Pooling and Servicing Agreement) created pursuant to the Pooling and Servicing Agreement, in the exercise Agreement on behalf of the powers and authority conferred and vested in it, Counterparty;
(bii) each of the representations, undertakings and agreements herein made on the part of Party B are the Counterparty is made and intended not as a personal representationsrepresentation, undertakings and agreements by The Bank undertaking or agreement of New York Wells Fargo but is made and intended for the purpose of binding only Party B, the Counterp▇▇▇▇;
(ciii) nothing herein contained shall be construed as creating imposing any liability on The Bank of New York upon Wells Fargo, individually or personally, to perform any covenant either expressed ▇▇▇▇essed 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; provided that nothing in this paragraph shall relieve The Bank of New York Wells Fargo from performing its duties and obligations under the Pooling and Servicing ▇▇▇▇▇cing Agreement in accordance with the standard of care set forth therein, and ;
(div) under no circumstances shall The Bank of New York Wells Fargo be personally liable for the payment of any indebtedness or expenses ▇▇▇enses of Party B the Counterparty or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Party B the Counterparty under this Agreement or any other related documents. Please confirm your agreement , other than due to its negligence or willful misconduct in performing the terms obligations of the foregoing Schedule by signing below. By: ___________________________________ Name: Title: THE BANK OF NEW YORK, not individually, but solely Wells Fargo under the Pooling and Servicing Agreement;
(v) any resignation ▇▇ removal of Wells Fargo as Trustee trustee on behalf of the Supplemental Interest Trust created shall require the assi▇▇▇▇▇t of this agreement to an Eligible Trustee replacement;
(vi) Wells Fargo has been directed, pursuant to the Pooling and Servicing Agreement for GE-WMC Asset-Backed Pass-Through CertificatesAgreement, Series 2005-1 By: ___________________________________ Name: Title: RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO ▇▇▇▇▇▇ LOAN SERVICING LP ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇ Attn: _________________________________ KNOW ALL MEN BY THESE PRESENTS, that _____________, having ter into this Agreement and to perform its principal place of business at ______________________, as Trustee (the “Trustee”) pursuant to that Pooling and Servicing Agreement among ____________________ (the “Depositor”), ▇▇▇▇▇▇ Loan Servicing LP (the “Servicer”), and the Trustee, dated as of _______________ 1, 200__ (the “Pooling and Servicing Agreement”), hereby constitutes and appoints the Servicer, by and through the Servicer’s officers, the Trustee’s true and lawful Attorney-in-Fact, in the Trustee’s name, place and stead and for the Trustee’s benefit, in connection with all mortgage loans serviced by the Servicer pursuant to the Pooling and Servicing Agreement for the purpose of performing all acts and executing all documents in the name of the Trustee as may be customarily and reasonably necessary and appropriate to effectuate the following enumerated transactions in respect of any of the mortgages or deeds of trust (the “Mortgages” and the “Deeds of Trust”, respectively) and promissory notes secured thereby (the “Mortgage Notes”) for which the undersigned is acting as Trustee for various certificateholders (whether the undersigned is named therein as mortgagee or beneficiary or has become mortgagee by virtue of endorsement of the Mortgage Note secured by any such Mortgage or Deed of Trust) and for which the Servicer is acting as servicer, all subject to the terms of the Pooling and Servicing Agreement. This appointment shall apply to the following enumerated transactions only:obligations hereunder.
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Sources: Pooling and Servicing Agreement (Bear Stearns Mortgage Funding Trust 2006-Ar4)