Common use of Trustee Capacity Clause in Contracts

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by HSBC Bank USA, National Association not in its individual capacity, but solely as Supplemental Interest Trust Trustee for the Supplemental Interest Trust, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC Bank USA, National Association but is made and intended for the purpose of binding only the Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto and (iv) under no circumstances shall HSBC Bank USA, National Association be personally liable for the payment of any indebtedness or expenses of the Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Supplemental Interest Trust under this Agreement.

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by HSBC U.S. Bank USA, National Association (the Trustee) not in its individual capacity, individually or personally but solely as trustee of the Supplemental Interest Trust Trustee for created pursuant to the Supplemental Interest TrustPSA (Party B), in the exercise of the powers and authority conferred and vested in itit under the PSA, (ii) each of the representations, undertakings and agreements herein made on the part of the Supplemental Interest Trust Party B is made and intended not as personal representations, undertakings and agreements by HSBC Bank USA, National Association the Trustee but is made and intended for the purpose of binding only the Supplemental Interest TrustParty B, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National Associationthe Trustee, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto and (iv) under no circumstances shall HSBC Bank USA, National Association the Trustee be personally liable for the payment of any indebtedness or expenses of the Trust Party B or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Supplemental Interest Trust Party B under this AgreementAgreement or any other related documents as to all of which recourse shall be had solely to the assets of Party B in accordance with the terms of the PSA.

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement Annex is executed and delivered by HSBC LaSalle Bank USA, National Association not in its individual capacity, individually or personally but solely as Supplemental Interest Trust Trustee for of the Supplemental Interest Trust, in the exercise of the powers and authority conferred and vested in itit under the PSA, (ii) each of the representations, undertakings and agreements herein made on the part of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC LaSalle Bank USA, National Association but is made and intended for the purpose of binding only the Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC LaSalle Bank USA, National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto and (iv) under no circumstances shall HSBC LaSalle Bank USA, National Association be personally liable for the payment of any indebtedness or expenses of the Supplemental Interest Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Supplemental Interest Trust under this AgreementAnnex or any other related documents as to all of which recourse shall be had solely to the assets of the Supplemental Interest Trust in accordance with the terms of the PSA.

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by HSBC U.S. Bank USA, National Association (the Trustee) not in its individual capacity, individually or personally but solely as Supplemental Interest Trust Trustee for trustee of the Supplemental Interest supplemental interest trust created pursuant to the PSA (the "Trust"), in the exercise of the powers and authority conferred and vested in itit under the PSA, (ii) each of the representations, undertakings and agreements herein made on the part of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC Bank USA, National Association the Trustee but is made and intended for the purpose of binding only the Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National Associationthe Trustee, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto and (iv) under no circumstances shall HSBC Bank USA, National Association the Trustee be personally liable for the payment of any indebtedness or expenses of the Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Supplemental Interest the Trust under this AgreementAgreement or any other related documents as to all of which recourse shall be had solely to the assets of the Trust in accordance with the terms of the PSA.

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by HSBC U.S. Bank USA, National Association (the Trustee) not in its individual capacity, individually or personally but solely as trustee of the Supplemental Interest Trust Trustee for created pursuant to the Supplemental Interest PSA (the Trust), in the exercise of the powers and authority conferred and vested in itit under the PSA, (ii) each of the representations, undertakings and agreements herein made on the part of the Supplemental Interest Trust Party B is made and intended not as personal representations, undertakings and agreements by HSBC Bank USA, National Association the Trustee but is made and intended for the purpose of binding only the Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National Associationthe Trustee, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto and (iv) under no circumstances shall HSBC Bank USA, National Association the Trustee be personally liable for the payment of any indebtedness or expenses of the Trust Party B or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Supplemental Interest Trust Party B under this AgreementAgreement or any other related documents as to all of which recourse shall be had solely to the assets of the Trust in accordance with the terms of the PSA.

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by HSBC Bank USAXxxxx Fargo Bank, National Association N.A., not in its individual capacity, individually or personally but solely as Supplemental Interest Trust Trustee for trustee of the Supplemental Interest Trust, in the exercise of the powers and authority conferred and vested in itit under the Pooling and Servicing Agreement, (ii) each of the representations, undertakings and agreements herein made on the part of the Supplemental Interest Trust is Trustis made and intended not as personal representations, undertakings and agreements by HSBC Bank USAXxxxx Fargo Bank, National Association N.A. but is made and intended for the purpose of binding only the Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USAXxxxx Fargo Bank, National AssociationN.A., individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto and (iv) under no circumstances shall HSBC Bank USAXxxxx Fargo Bank, National Association N.A. be personally liable for the payment of any indebtedness or expenses of the Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Supplemental Interest the Trust under this Agreement.Agreement or any other related documents. CREDIT FIRST SUISSE BOSTON Party B represents that:

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Agreement is executed by Deutsche Bank National Trust Company (i) this Agreement is executed and delivered by HSBC Deutsche Bank USA, National Association Trust Company not in its individual capacity, capacity but solely as Supplemental Interest Trust Trustee for under the Supplemental Interest Trust, PSA in the exercise of the powers and authority conferred and vested in itit as trustee thereunder, (ii) each of the representations, undertakings and agreements herein made on the part behalf of the Supplemental Interest Trust Party B is made and intended not as personal representations, undertakings and agreements by HSBC Bank USA, National Association representations of the Trustee but is made and intended for the purpose of binding only the Supplemental Interest Trust, (iii) except as expressly required by the terms of the PSA, nothing herein contained shall be construed as creating any liability on the part of HSBC Deutsche Bank USA, National AssociationTrust Company, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto who are signatories to this Agreement and by any Person person claiming by, through or under the parties hereto such parties, and (iv) under no circumstances shall HSBC Deutsche Bank USA, National Association Trust Company in its individual capacity be personally liable for the payment of any indebtedness or expenses of the Trust or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Supplemental Interest Trust under this Agreement.

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Annex is executed by Deutsche Bank National Trust Company (i) this Agreement Annex is executed and delivered by HSBC Deutsche Bank USA, National Association Trust Company not in its individual capacity, capacity but solely as Supplemental Interest Trust Trustee for under the Supplemental Interest Trust, PSA in the exercise of the powers and authority conferred and vested invested in itit as trustee thereunder, (ii) each of the representations, undertakings and agreements herein made on the part behalf of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC Bank USA, National Association representations of the Trustee but is made and intended for the purpose of binding only the Supplemental Interest Trust, (iii) except as expressly required by the terms of the PSA, nothing herein contained shall be construed as creating any liability on the part of HSBC Deutsche Bank USA, National AssociationTrust Company, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto who are signatories to this Agreement and by any Person person claiming by, through or under the parties hereto such parties, and (iv) under no circumstances shall HSBC Deutsche Bank USA, National Association Trust Company in its individual capacity be personally liable for the payment of any indebtedness or expenses of the Trust or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Supplemental Interest Trust under this AgreementAnnex.

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Trustee (i) this Agreement Confirmation is executed and delivered by HSBC Deutsche Bank USANational Trust Company ("Deutsche Bank"), National Association not in its individual capacity, or personal capacity but solely as Supplemental Interest Trust Trustee for under the Supplemental Interest Trust, Pooling and Servicing Agreement in the exercise of the powers and authority conferred to and vested in itit thereunder, (ii) each of the representations, undertakings and agreements herein made on the part of the Supplemental Interest Trust is herein, are made and intended not as personal representations, undertakings and agreements by HSBC Deutsche Bank USA, National Association but is are made and intended for the purpose purposes of binding only the Supplemental Interest TrustTrust Fund and the Trustee, as trustee (iii) nothing herein contained shall be construed as creating any individual or personal liability on the part of HSBC Deutsche Bank USA, National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such individual or personal liability, if any, being expressly waived by the parties hereto who are signatories to this Confirmation and by any Person person claiming by, through or under the such parties hereto and (iv) under no circumstances shall HSBC Deutsche Bank USA, National Association be personally liable for the payment of any indebtedness or expenses of the Trust trust under, created and pursuant to the Pooling and Servicing Agreement, or be personally liable for the breach or failure of any obligationobligations, representation, warranty or covenant made or undertaken by Supplemental Interest Trust the trust under, created and pursuant to the Pooling and Servicing Agreement, under this AgreementConfirmation.

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by HSBC Bank USAXxxxx Fargo Bank, National Association N.A., not in its individual capacity, individually or personally but solely as Supplemental Interest Trust Trustee for trustee of the Supplemental Interest Trust, in the exercise of the powers and authority conferred and vested in itit under the Pooling and Servicing Agreement, (ii) each of the representations, undertakings and agreements herein made on the part of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC Bank USAXxxxx Fargo Bank, National Association N.A. but is made and intended for the purpose of binding only the Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USAXxxxx Fargo Bank, National AssociationN.A., individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto and (iv) under no circumstances shall HSBC Bank USAXxxxx Fargo Bank, National Association N.A. be personally liable for the payment of any indebtedness or expenses of the Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Supplemental Interest the Trust under this Agreement.Agreement or any other related documents. Party B represents that:

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by HSBC U.S. Bank USA, National Association (the Trustee) not in its individual capacity, individually or personally but solely as trustee of the Supplemental Interest Trust Trustee for created pursuant to the Supplemental Interest PSA (the Trust), in the exercise of the powers and authority conferred and vested in itit under the PSA, (ii) each of the representations, undertakings and agreements herein made on the part of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC Bank USA, National Association the Trustee but is made and intended for the purpose of binding only the Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National Associationthe Trustee, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto and (iv) under no circumstances shall HSBC Bank USA, National Association the Trustee be personally liable for the payment of any indebtedness or expenses of the Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Supplemental Interest the Trust under this Agreement or any other related documents as to all of which recourse shall be had solely to the assets of the Trust in accordance with the terms of the Pooling and Servicing Agreement.

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by Deutsche Bank National Trust Company (i) this Agreement Confirmation is executed and delivered by HSBC Deutsche Bank USA, National Association Trust Company not in its individual capacity, capacity but solely as Trustee on behalf of the Supplemental Interest Trust Trustee for under the Supplemental Interest Trust, PSA in the exercise of the powers and authority conferred and vested invested in itit as trustee thereunder, (ii) each of the representations, undertakings and agreements herein made on the part behalf of the Supplemental Interest Trust Party B is made and intended not as personal representations, undertakings and agreements by HSBC Bank USA, National Association representations of the Trustee but is made and intended for the purpose of binding only the Supplemental Interest Trust, (iii) except as expressly required by the terms of the PSA, nothing herein contained shall be construed as creating any liability on the part of HSBC Deutsche Bank USA, National AssociationTrust Company, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto who are signatories to this Agreement and by any Person person claiming by, through or under the parties hereto such parties, and (iv) under no circumstances shall HSBC Deutsche Bank USA, National Association Trust Company in its individual capacity be personally liable for the payment of any indebtedness or expenses of the Trust or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Supplemental Interest Trust under this AgreementConfirmation.

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement Annex is executed and delivered by HSBC LaSalle Bank USA, National Association not in its individual capacity, individually or personally but solely as Supplemental Interest Trust Trustee for of the Supplemental Interest Trust, in the exercise of the powers and authority conferred and vested in itit under the PSA, (ii) each of the representations, undertakings and agreements herein made on the part of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC LaSalle Bank USA, National Association but is made and intended for the purpose of binding only the Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC LaSalle Bank USA, National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto and (iv) under no circumstances shall HSBC LaSalle Bank USA, National Association be personally liable for the payment of any indebtedness or expenses of the Supplemental Interest Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Supplemental Interest Trust under this Agreement.Annex or any other related documents as to all of which recourse shall be had solely to the assets of the Supplemental Interest Trust in accordance with the terms of the PSA. Appendix A

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement Annex is executed and delivered by HSBC Deutsche Bank USA, National Association Trust Company ("Deutsche Bank") not in its individual capacity, individually or personally but solely as Supplemental Interest Trust Trustee for of the Supplemental Interest Trust, in the exercise of the powers and authority conferred and vested in itit under the PSA, (ii) each of the representations, undertakings and agreements herein made on the part of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC Deutsche Bank USA, National Association but is made and intended for the purpose of binding only the Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National AssociationDeutsche 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 and (iv) under no circumstances shall HSBC Deutsche Bank USA, National Association be personally liable for the payment of any indebtedness or expenses of the Supplemental Interest Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Supplemental Interest Trust under this Agreement.Annex or any other related documents as to all of which recourse shall be had solely to the assets of the Supplemental Interest Trust in accordance with the terms of the PSA. Appendix A Alternative Tabular Computation of Additional Collateral Amount

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement (including the Confirmations and the Credit Support Annex) is executed and delivered by HSBC Deutsche Bank USANational Trust Company, National Association not in its individual capacity, individually or personally but solely as Supplemental Interest Trust Trustee for trustee of the Supplemental Interest Trust, in the exercise of the powers and authority conferred and vested in itit under the Pooling and Servicing Agreement, (ii) each of the representations, undertakings and agreements herein made on the part of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC Deutsche Bank USA, National Association Trust Company but is made and intended for the purpose of binding only the Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Deutsche Bank USA, National AssociationTrust Company, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto and (iv) under no circumstances shall HSBC Deutsche Bank USA, National Association Trust Company be personally liable for the payment of any indebtedness or expenses of the Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Supplemental Interest the Trust under this Agreement.Agreement (including the Confirmations and the Credit Support Annex) or any other related documents. Party B represents that:

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by HSBC U.S. Bank USA, National Association (the Trustee) not in its individual capacity, individually or personally but solely as Supplemental Interest trustee of the Trust Trustee for created pursuant to the Supplemental Interest PSA (the Trust), in the exercise of the powers and authority conferred and vested in itit under the PSA, (ii) each of the representations, undertakings and agreements herein made on the part of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC Bank USA, National Association the Trustee but is made and intended for the purpose of binding only the Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National Associationthe Trustee, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto and (iv) under no circumstances shall HSBC Bank USA, National Association the Trustee be personally liable for the payment of any indebtedness or expenses of the Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Supplemental Interest the Trust under this Agreement or any other related documents as to all of which recourse shall be had solely to the assets of the Trust in accordance with the terms of the Pooling and Servicing Agreement. Each party acknowledges that the Trustee has been directed under the Pooling and Servicing Agreement to enter into this Agreement.

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by HSBC Deutsche Bank USANational Trust Company, National Association not in its individual capacity, individually or personally but solely as Supplemental Interest Indenture Trustee on behalf of the Indenture Trust Trustee for the Supplemental Interest Trust, in the exercise of the powers and authority conferred and vested in itit under the Indenture, (ii) each of the representations, undertakings and agreements herein made on the part of the Supplemental Interest Indenture Trust is made and intended not as personal representations, undertakings and agreements by HSBC Deutsche Bank USA, National Association Trust Company but is made and intended for the purpose of binding only the Supplemental Interest Indenture Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Deutsche Bank USA, National AssociationTrust Company, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto and (iv) under no circumstances shall HSBC Deutsche Bank USA, National Association Trust Company be personally liable for the payment of any indebtedness or expenses of the Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Supplemental Interest the Indenture Trust under this Agreement.Agreement or any other related documents. Party B represents that:

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Annex is executed by Deutsche Bank Trust Company Americas (i) this Agreement Annex is executed and delivered by HSBC Deutsche Bank USA, National Association Trust Company Americas not in its individual capacity, capacity but solely as Supplemental Interest Trust Trustee for under the Supplemental Interest Trust, PSA in the exercise of the powers and authority conferred and vested invested in itit as trustee thereunder, (ii) each of the representations, undertakings and agreements herein made on the part behalf of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC Bank USA, National Association representations of the Trustee but is made and intended for the purpose of binding only the Supplemental Interest Trust, and (iii) under no circumstances shall Deutsche Bank Trust Company Americas in its individual capacity be personally liable for the payment of any indebtedness or expenses or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken under this Annex, and (iv) nothing contained herein contained shall be construed as creating any liability on the part of HSBC Deutsche Bank USA, National AssociationTrust Company Americas, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto hereto; provided that nothing in this paragraph shall relieve Deutsche Bank Trust Company Americas from performing its duties and (iv) obligations under no circumstances shall HSBC Bank USA, National Association be personally liable for the payment PSA in accordance with the standard of any indebtedness or expenses of the Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Supplemental Interest Trust under this Agreementcare set forth therein.

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by HSBC LaSalle Bank USA, National Association (“LaSalle”) not in its individual capacity, individually or personally but solely as Supplemental Interest Trust Trustee for of the Supplemental Interest Trust, in the exercise of the powers and authority conferred and vested in itit under the PSA, (ii) each of the representations, undertakings and agreements herein made on the part of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC Bank USA, National Association LaSalle but is made and intended for the purpose of binding only the Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National AssociationLaSalle, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto and (iv) under no circumstances shall HSBC Bank USA, National Association LaSalle be personally liable for the payment of any indebtedness or expenses of the Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Supplemental Interest the Trust under this AgreementAgreement or any other related documents as to all of which recourse shall be had solely to the assets of the Trust in accordance with the terms of the PSA.

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by HSBC U.S. Bank USANational Association, National Association not in its individual capacity, individually or personally but solely as Supplemental Interest Trust Trustee for trustee of the Supplemental Interest Trust, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC U.S. Bank USA, National Association but is made and intended for the purpose of binding only the Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC U.S. Bank USA, National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto and (iv) under no circumstances shall HSBC U.S. Bank USA, National Association be personally liable for the payment of any indebtedness or expenses of the Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Supplemental Interest Trust under this Agreement.

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by HSBC U.S. Bank USA, National Association not in its individual capacity, but solely as Supplemental Interest Trust Trustee for the Supplemental Interest Trust, in the exercise of the powers and authority conferred and vested in it, (ii) each of the representations, undertakings and agreements herein made on the part of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC U.S. Bank USA, National Association but is made and intended for the purpose of binding only the Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC U.S. Bank USA, National Association, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto and (iv) under no circumstances shall HSBC U.S. Bank USA, National Association be personally liable for the payment of any indebtedness or expenses of the Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Supplemental Interest Trust under this Agreement.

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by HSBC Bank USA, National Association Trustee (the TRUSTEE) not in its individual capacity, individually or personally but solely as Supplemental Interest trustee of the Trust Trustee for created pursuant to the Supplemental Interest TrustPSA (the TRUST), in the exercise of the powers and authority conferred and vested in itit under the PSA, (ii) each of the representations, undertakings and agreements herein made on the part of the Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by HSBC Bank USA, National Association the Trustee but is made and intended for the purpose of binding only the Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of HSBC Bank USA, National Associationthe Trustee, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto and (iv) under no circumstances shall HSBC Bank USA, National Association the Trustee be personally liable for the payment of any indebtedness or expenses of the Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Supplemental Interest the Trust under this Agreement or any other related documents as to all of which recourse shall be had solely to the assets of the Trust in accordance with the terms of the Pooling and Servicing Agreement.