Common use of Owner Trustee Clause in Contracts

Owner Trustee. The parties hereto are put on notice and hereby acknowledge and agree that (a) this Amendment is executed and delivered by Wilmington Savings Fund Society, FSB not individually or personally but solely as a trustee, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, covenants, undertakings and agreements herein made on the part of the Buyer is made and intended not as a personal representation, undertaking and agreement by Wilmington Savings Fund Society, FSB, but is made and intended for the purpose of binding only the Buyer, in its capacity as such, (c) nothing herein contained shall be construed as creating any liability on Wilmington Savings Fund Society, FSB, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties and by any person claiming by, through or under the parties hereto, (d) Wilmington Savings Fund Society, FSB has made no investigation as to the accuracy or completeness of any representations and warranties made by the Buyer or any other party in this Amendment and (e) under no circumstances shall Wilmington Savings Fund Society, FSB be personally liable for the payment of any indebtedness or expenses of the Buyer or be liable for the breach or failure of any obligation, duty (including fiduciary duty, if any), representation, warranty or covenant made or undertaken by the Buyer under this Amendment or any other related documents.

Owner Trustee. The It is expressly understood and agreed by the parties hereto are put on notice and hereby acknowledge and agree that (a) this Amendment Pool Supplement is executed and delivered by Wilmington Savings Fund Society, FSB (the “Owner Trustee”) not individually or personally personally, but solely as a trusteeowner trustee of the Purchaser Trust under the Trust Agreement dated as of , with , in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, covenants, undertakings and agreements herein made on the part of the Buyer is Purchaser Trust are made and intended not as a personal representationrepresentations, undertaking undertakings and agreement agreements by Wilmington Savings Fund Society, FSBthe Owner Trustee, but is are made and intended for the purpose of for binding only the Buyer, in its capacity as suchPurchaser Trust, (c) nothing herein contained shall be construed as creating any personal or individual liability on Wilmington Savings Fund Society, FSB, individually or personallythe Owner Trustee, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereby and by any person claiming by, through through, or under the parties hereto, and (d) Wilmington Savings Fund Society, FSB has made no investigation as to the accuracy or completeness of any representations and warranties made by the Buyer or any other party in this Amendment and (e) under no circumstances shall Wilmington Savings Fund Society, FSB the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Buyer Purchaser Trust or be liable for the breach or failure of any obligation, duty (including fiduciary duty, if any), representation, warranty or covenant made or undertaken by the Buyer Purchaser Trust under this Amendment Supplement or any other documents related documentsto the Bank of America DTC Notes.

Owner Trustee. The It is expressly understood and agreed by the parties hereto are put on notice and hereby acknowledge and agree that (a) this Amendment Fourth Supplemental Indenture is executed and delivered by Wilmington Savings Fund SocietyTrust Company, FSB not individually or personally personally, but solely as a trusteeOwner Trustee, in the exercise of the powers and authority conferred and vested in it, pursuant to the 2000-1 Trust Agreement and the 2000-2 Trust Agreement, (b) each of the representations, covenants, undertakings and agreements herein made on the part of the Buyer Trusts is made and intended not as a personal representationrepresentations, undertaking undertakings and agreement agreements by Wilmington Savings Fund Society, FSB, Trust Company but is made and intended for the purpose of for binding only the Buyer, in its capacity as suchTrusts, (c) nothing herein contained shall be construed as creating any liability on Wilmington Savings Fund Society, FSBTrust 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, and (d) Wilmington Savings Fund Society, FSB has made no investigation as to the accuracy or completeness of any representations and warranties made by the Buyer or any other party in this Amendment and (e) under no circumstances shall Wilmington Savings Fund Society, FSB Trust Company be personally liable for the payment of any indebtedness or expenses of the Buyer Trusts or be liable for the breach or failure of any obligation, duty (including fiduciary duty, if any), representation, warranty or covenant made or undertaken by the Buyer Trusts under this Amendment Fourth Supplemental Indenture or any other related documents.

Owner Trustee. The It is expressly understood and agreed by the parties hereto are put on notice and hereby acknowledge and agree that (a) this Amendment Pool Supplement is executed and delivered by Wilmington Savings Fund Society, FSB (the "Owner Trustee") not individually or personally personally, but solely as a trusteeowner trustee of the Purchaser Trust under the Trust Agreement dated as of , with , in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, covenants, undertakings and agreements herein made on the part of the Buyer is Purchaser Trust are made and intended not as a personal representationrepresentations, undertaking undertakings and agreement agreements by Wilmington Savings Fund Society, FSBthe Owner Trustee, but is are made and intended for the purpose of for binding only the Buyer, in its capacity as suchPurchaser Trust, (c) nothing herein contained shall be construed as creating any personal or individual liability on Wilmington Savings Fund Society, FSB, individually or personallythe Owner Trustee, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereby and by any person claiming by, through through, or under the parties hereto, and (d) Wilmington Savings Fund Society, FSB has made no investigation as to the accuracy or completeness of any representations and warranties made by the Buyer or any other party in this Amendment and (e) under no circumstances shall Wilmington Savings Fund Society, FSB the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Buyer Purchaser Trust or be liable for the breach or failure of any obligation, duty (including fiduciary duty, if any), representation, warranty or covenant made or undertaken by the Buyer Purchaser Trust under this Amendment Supplement or any other documents related documentsto the EDUCATION ONE Notes.

Owner Trustee. The It is expressly understood and agreed by the parties hereto are put on notice and hereby acknowledge and agree that (a) this Amendment Pool Supplement is executed and delivered by Wilmington Savings Fund Society, FSB (the “Owner Trustee”) not individually or personally personally, but solely as a trusteeowner trustee of the Purchaser Trust under the Trust Agreement dated as of , with , in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, covenants, undertakings and agreements herein made on the part of the Buyer is Purchaser Trust are made and intended not as a personal representationrepresentations, undertaking undertakings and agreement agreements by Wilmington Savings Fund Society, FSBthe Owner Trustee, but is are made and intended for the purpose of for binding only the Buyer, in its capacity as suchPurchaser Trust, (c) nothing herein contained shall be construed as creating any personal or individual liability on Wilmington Savings Fund Society, FSB, individually or personallythe Owner Trustee, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereby and by any person claiming by, through through, or under the parties hereto, and (d) Wilmington Savings Fund Society, FSB has made no investigation as to the accuracy or completeness of any representations and warranties made by the Buyer or any other party in this Amendment and (e) under no circumstances shall Wilmington Savings Fund Society, FSB the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Buyer Purchaser Trust or be liable for the breach or failure of any obligation, duty (including fiduciary duty, if any), representation, warranty or covenant made or undertaken by the Buyer Purchaser Trust under this Amendment Supplement or any other documents related documentsto the UFSB Astrive Notes.

Owner Trustee. The It is expressly understood and agreed by the parties hereto are put on notice and hereby acknowledge and agree that (a) this Amendment Second Supplemental Indenture is executed and delivered by Wilmington Savings Fund SocietyTrust Company, FSB not individually or personally personally, but solely as a trusteeOwner Trustee, in the exercise of the powers and authority conferred and vested in it, pursuant to the 2000-1 Trust Agreement and the 2000-2 Trust Agreement, (b) each of the representations, covenants, undertakings and agreements herein made on the part of the Buyer Trusts is made and intended not as a personal representationrepresentations, undertaking undertakings and agreement agreements by Wilmington Savings Fund Society, FSB, Trust Company but is made and intended for the purpose of for binding only the Buyer, in its capacity as suchTrusts, (c) nothing herein contained shall be construed as creating any liability on Wilmington Savings Fund Society, FSBTrust 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, and (d) Wilmington Savings Fund Society, FSB has made no investigation as to the accuracy or completeness of any representations and warranties made by the Buyer or any other party in this Amendment and (e) under no circumstances shall Wilmington Savings Fund Society, FSB Trust Company be personally liable for the payment of any indebtedness or expenses of the Buyer Trusts or be liable for the breach or failure of any obligation, duty (including fiduciary duty, if any), representation, warranty or covenant made or undertaken by the Buyer Trusts under this Amendment Second Supplemental Indenture or any other related documents.

Owner Trustee. The It is expressly understood and agreed by the parties hereto are put on notice and hereby acknowledge and agree that (a) this Amendment Pool Supplement is executed and delivered by Wilmington Savings Fund Society, FSB (the “Owner Trustee”) not individually or personally personally, but solely as a trusteeowner trustee of the Purchaser Trust under the Trust Agreement dated as of , with , in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, covenants, undertakings and agreements herein made on the part of the Buyer is Purchaser Trust are made and intended not as a personal representationrepresentations, undertaking undertakings and agreement agreements by Wilmington Savings Fund Society, FSBthe Owner Trustee, but is are made and intended for the purpose of for binding only the Buyer, in its capacity as suchPurchaser Trust, (c) nothing herein contained shall be construed as creating any personal or individual liability on Wilmington Savings Fund Society, FSB, individually or personallythe Owner Trustee, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereby and by any person claiming by, through through, or under the parties hereto, and (d) Wilmington Savings Fund Society, FSB has made no investigation as to the accuracy or completeness of any representations and warranties made by the Buyer or any other party in this Amendment and (e) under no circumstances shall Wilmington Savings Fund Society, FSB the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Buyer Purchaser Trust or be liable for the breach or failure of any obligation, duty (including fiduciary duty, if any), representation, warranty or covenant made or undertaken by the Buyer Purchaser Trust under this Amendment Supplement or any other documents related documentsto the EDUCATION ONE Notes.

Owner Trustee. The It is expressly understood and agreed by the parties hereto are put on notice and hereby acknowledge and agree that (a) this Amendment Pool Supplement is executed and delivered by Wilmington Savings Fund Society, FSB ________________________________ (the “Owner Trustee”) not individually or personally personally, but solely as a trusteeowner trustee of the Purchaser Trust under the Trust Agreement dated as of _________________________, with _______________________________, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, covenants, undertakings and agreements herein made on the part of the Buyer is Purchaser Trust are made and intended not as a personal representationrepresentations, undertaking undertakings and agreement agreements by Wilmington Savings Fund Society, FSBthe Owner Trustee, but is are made and intended for the purpose of for binding only the Buyer, in its capacity as suchPurchaser Trust, (c) nothing herein contained shall be construed as creating any personal or individual liability on Wilmington Savings Fund Society, FSB, individually or personallythe Owner Trustee, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereby and by any person claiming by, through through, or under the parties hereto, and (d) Wilmington Savings Fund Society, FSB has made no investigation as to the accuracy or completeness of any representations and warranties made by the Buyer or any other party in this Amendment and (e) under no circumstances shall Wilmington Savings Fund Society, FSB the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Buyer Purchaser Trust or be liable for the breach or failure of any obligation, duty (including fiduciary duty, if any), representation, warranty or covenant made or undertaken by the Buyer Purchaser Trust under this Amendment Supplement or any other documents related documentsto the CFS Notes.

Owner Trustee. The It is expressly understood and agreed by the parties hereto are put on notice and hereby acknowledge and agree that (a) this Amendment Pool Supplement is executed and delivered by Wilmington Savings Fund Society, FSB (the "Owner Trustee") not individually or personally personally, but solely as a trusteeowner trustee of the Purchaser Trust under the Trust Agreement dated as of , with , in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, covenants, undertakings and agreements herein made on the part of the Buyer is Purchaser Trust are made and intended not as a personal representationrepresentations, undertaking undertakings and agreement agreements by Wilmington Savings Fund Society, FSBthe Owner Trustee, but is are made and intended for the purpose of for binding only the Buyer, in its capacity as suchPurchaser Trust, (c) nothing herein contained shall be construed as creating any personal or individual liability on Wilmington Savings Fund Society, FSB, individually or personallythe Owner Trustee, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereby and by any person claiming by, through through, or under the parties hereto, and (d) Wilmington Savings Fund Society, FSB has made no investigation as to the accuracy or completeness of any representations and warranties made by the Buyer or any other party in this Amendment and (e) under no circumstances shall Wilmington Savings Fund Society, FSB the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Buyer Purchaser Trust or be liable for the breach or failure of any obligation, duty (including fiduciary duty, if any), representation, warranty or covenant made or undertaken by the Buyer Purchaser Trust under this Amendment Supplement or any other documents related documentsto the GMAC Bank Notes.

Owner Trustee. The It is expressly understood and agreed by the parties hereto are put on notice and hereby acknowledge and agree that (a) this Amendment Pool Supplement is executed and delivered by Wilmington Savings Fund Society, FSB ___________________________ (the "Owner Trustee") not individually or personally personally, but solely as a trusteeowner trustee of the Purchaser Trust under the Trust Agreement dated as of ____________________, with _____________________, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, covenants, undertakings and agreements herein made on the part of the Buyer is Purchaser Trust are made and intended not as a personal representationrepresentations, undertaking undertakings and agreement agreements by Wilmington Savings Fund Society, FSBthe Owner Trustee, but is are made and intended for the purpose of for binding only the Buyer, in its capacity as suchPurchaser Trust, (c) nothing herein contained shall be construed as creating any personal or individual liability on Wilmington Savings Fund Society, FSB, individually or personallythe Owner Trustee, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereby and by any person claiming by, through through, or under the parties hereto, and (d) Wilmington Savings Fund Society, FSB has made no investigation as to the accuracy or completeness of any representations and warranties made by the Buyer or any other party in this Amendment and (e) under no circumstances shall Wilmington Savings Fund Society, FSB the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Buyer Purchaser Trust or be liable for the breach or failure of any obligation, duty (including fiduciary duty, if any), representation, warranty or covenant made or undertaken by the Buyer Purchaser Trust under this Amendment Supplement or any other documents related documentsto the EDUCATION ONE Notes.

Owner Trustee. The It is expressly understood and agreed by the parties hereto are put on notice and hereby acknowledge and agree that (a) this Amendment Third Supplemental Indenture is executed and delivered by Wilmington Savings Fund SocietyTrust Company, FSB not individually or personally personally, but solely as a trusteeOwner Trustee, in the exercise of the powers and authority conferred and vested in it, pursuant to the 2000-1 Trust Agreement and the 2000-2 Trust Agreement, (b) each of the representations, covenants, undertakings and agreements herein made on the part of the Buyer Trusts is made and intended not as a personal representationrepresentations, undertaking undertakings and agreement agreements by Wilmington Savings Fund Society, FSB, Trust Company but is made and intended for the purpose of for binding only the Buyer, in its capacity as suchTrusts, (c) nothing herein contained shall be construed as creating any liability on Wilmington Savings Fund Society, FSBTrust 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, and (d) Wilmington Savings Fund Society, FSB has made no investigation as to the accuracy or completeness of any representations and warranties made by the Buyer or any other party in this Amendment and (e) under no circumstances shall Wilmington Savings Fund Society, FSB Trust Company be personally liable for the payment of any indebtedness or expenses of the Buyer Trusts or be liable for the breach or failure of any obligation, duty (including fiduciary duty, if any), representation, warranty or covenant made or undertaken by the Buyer Trusts under this Amendment Third Supplemental Indenture or any other related documents.

Owner Trustee. The It is expressly understood and agreed by the parties hereto are put on notice and hereby acknowledge and agree that (a) this Amendment Pool Supplement is executed and delivered by Wilmington Savings Fund Society, FSB _______________________________ (the “Owner Trustee”) not individually or personally personally, but solely as a trusteeowner trustee of the Purchaser Trust under the Trust Agreement dated as of ________________, with ________________, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, covenants, undertakings and agreements herein made on the part of the Buyer is Purchaser Trust are made and intended not as a personal representationrepresentations, undertaking undertakings and agreement agreements by Wilmington Savings Fund Society, FSBthe Owner Trustee, but is are made and intended for the purpose of for binding only the Buyer, in its capacity as suchPurchaser Trust, (c) nothing herein contained shall be construed as creating any personal or individual liability on Wilmington Savings Fund Society, FSB, individually or personallythe Owner Trustee, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereby and by any person claiming by, through through, or under the parties hereto, and (d) Wilmington Savings Fund Society, FSB has made no investigation as to the accuracy or completeness of any representations and warranties made by the Buyer or any other party in this Amendment and (e) under no circumstances shall Wilmington Savings Fund Society, FSB the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Buyer Purchaser Trust or be liable for the breach or failure of any obligation, duty (including fiduciary duty, if any), representation, warranty or covenant made or undertaken by the Buyer Purchaser Trust under this Amendment Supplement or any other documents related documentsto the Bank of America Direct to Consumer Notes.

Owner Trustee. The It is expressly understood and agreed by the parties hereto are put on notice and hereby acknowledge and agree that (a) this Amendment Pool Supplement is executed and delivered by Wilmington Savings Fund Society, FSB __________ (the “Owner Trustee”) not individually or personally personally, but solely as a trusteeowner trustee of the Purchaser Trust under the Trust Agreement dated as of __________, with __________, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, covenants, undertakings and agreements herein made on the part of the Buyer is Purchaser Trust are made and intended not as a personal representationrepresentations, undertaking undertakings and agreement agreements by Wilmington Savings Fund Society, FSBthe Owner Trustee, but is are made and intended for the purpose of for binding only the Buyer, in its capacity as suchPurchaser Trust, (c) nothing herein contained shall be construed as creating any personal or individual liability on Wilmington Savings Fund Society, FSB, individually or personallythe Owner Trustee, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereby and by any person claiming by, through through, or under the parties hereto, and (d) Wilmington Savings Fund Society, FSB has made no investigation as to the accuracy or completeness of any representations and warranties made by the Buyer or any other party in this Amendment and (e) under no circumstances shall Wilmington Savings Fund Society, FSB the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Buyer Purchaser Trust or be liable for the breach or failure of any obligation, duty (including fiduciary duty, if any), representation, warranty or covenant made or undertaken by the Buyer Purchaser Trust under this Amendment Supplement or any other documents related documentsto the Start Education Notes.

Owner Trustee. The It is expressly understood and agreed by the parties hereto are put on notice and hereby acknowledge and agree that (a) this Amendment Pool Supplement is executed and delivered by Wilmington Savings Fund Society, FSB (the "Owner Trustee") not individually or personally personally, but solely as a trusteeowner trustee of the Purchaser Trust under the Trust Agreement dated as of , with , in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, covenants, undertakings and agreements herein made on the part of the Buyer is Purchaser Trust are made and intended not as a personal representationrepresentations, undertaking undertakings and agreement agreements by Wilmington Savings Fund Society, FSBthe Owner Trustee, but is are made and intended for the purpose of for binding only the Buyer, in its capacity as suchPurchaser Trust, (c) nothing herein contained shall be construed as creating any personal or individual liability on Wilmington Savings Fund Society, FSB, individually or personallythe Owner Trustee, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereby and by any person claiming by, through through, or under the parties hereto, and (d) Wilmington Savings Fund Society, FSB has made no investigation as to the accuracy or completeness of any representations and warranties made by the Buyer or any other party in this Amendment and (e) under no circumstances shall Wilmington Savings Fund Society, FSB the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Buyer Purchaser Trust or be liable for the breach or failure of any obligation, duty (including fiduciary duty, if any), representation, warranty or covenant made or undertaken by the Buyer Purchaser Trust under this Amendment Supplement or any other documents related documentsto the [Product Name] Notes.

Owner Trustee. The It is expressly understood and agreed by the parties hereto are put on notice and hereby acknowledge and agree that (a) this Amendment Pool Supplement is executed and delivered by Wilmington Savings Fund Society, FSB (the “Owner Trustee”) not individually or personally personally, but solely as a trusteeowner trustee of the Purchaser Trust under the Trust Agreement dated as of , with , in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, covenants, undertakings and agreements herein made on the part of the Buyer is Purchaser Trust are made and intended not as a personal representationrepresentations, undertaking undertakings and agreement agreements by Wilmington Savings Fund Society, FSBthe Owner Trustee, but is are made and intended for the purpose of for binding only the Buyer, in its capacity as suchPurchaser Trust, (c) nothing herein contained shall be construed as creating any personal or individual liability on Wilmington Savings Fund Society, FSB, individually or personallythe Owner Trustee, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereby and by any person claiming by, through through, or under the parties hereto, and (d) Wilmington Savings Fund Society, FSB has made no investigation as to the accuracy or completeness of any representations and warranties made by the Buyer or any other party in this Amendment and (e) under no circumstances shall Wilmington Savings Fund Society, FSB the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Buyer Purchaser Trust or be liable for the breach or failure of any obligation, duty (including fiduciary duty, if any), representation, warranty or covenant made or undertaken by the Buyer Purchaser Trust under this Amendment Supplement or any other documents related documentsto the Start Education Notes.

Owner Trustee. The It is expressly understood and agreed by the parties hereto are put on notice and hereby acknowledge and agree that (a) this Amendment Pool Supplement is executed and delivered by Wilmington Savings Fund Society, FSB (the "Owner Trustee") not individually or personally personally, but solely as a trusteeowner trustee of the Purchaser Trust under the Trust Agreement dated as of , with , in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, covenants, undertakings and agreements herein made on the part of the Buyer is Purchaser Trust are made and intended not as a personal representationrepresentations, undertaking undertakings and agreement agreements by Wilmington Savings Fund Society, FSBthe Owner Trustee, but is are made and intended for the purpose of for binding only the Buyer, in its capacity as suchPurchaser Trust, (c) nothing herein contained shall be construed as creating any personal or individual liability on Wilmington Savings Fund Society, FSB, individually or personallythe Owner Trustee, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereby and by any person claiming by, through through, or under the parties hereto, and (d) Wilmington Savings Fund Society, FSB has made no investigation as to the accuracy or completeness of any representations and warranties made by the Buyer or any other party in this Amendment and (e) under no circumstances shall Wilmington Savings Fund Society, FSB the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Buyer Purchaser Trust or be liable for the breach or failure of any obligation, duty (including fiduciary duty, if any), representation, warranty or covenant made or undertaken by the Buyer Purchaser Trust under this Amendment Supplement or any other documents related documentsto the Bank of America DTC Notes.

Owner Trustee. The It is expressly understood and agreed by the parties hereto are put on notice and hereby acknowledge and agree that (a) this Amendment Fifth Supplemental Indenture is executed and delivered by Wilmington Savings Fund SocietyTrust Company, FSB not individually or personally personally, but solely as a trusteeOwner Trustee, in the exercise of the powers and authority conferred and vested in it, pursuant to the 2000-1 Trust Agreement and the 2000-2 Trust Agreement, (b) each of the representations, covenants, undertakings and agreements herein made on the part of the Buyer Trusts is made and intended not as a personal representationrepresentations, undertaking undertakings and agreement agreements by Wilmington Savings Fund Society, FSB, Trust Company but is made and intended for the purpose of for binding only the Buyer, in its capacity as suchTrusts, (c) nothing herein contained shall be construed as creating any liability on Wilmington Savings Fund Society, FSBTrust 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, and (d) Wilmington Savings Fund Society, FSB has made no investigation as to the accuracy or completeness of any representations and warranties made by the Buyer or any other party in this Amendment and (e) under no circumstances shall Wilmington Savings Fund Society, FSB Trust Company be personally liable for the payment of any indebtedness or expenses of the Buyer Trusts or be liable for the breach or failure of any obligation, duty (including fiduciary duty, if any), representation, warranty or covenant made or undertaken by the Buyer Trusts under this Amendment Fifth Supplemental Indenture or any other related documents.