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 the Trustee not individually or personally but solely as trustee of Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3, in the exercise of the powers and authority conferred and vested in it under the Trust Agreement, (ii) each of the representations, undertakings and agreements herein made on the part of Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3 is made and intended not as personal representations, undertakings and agreements by the Trustee but is made and intended for the purpose of binding only Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3, (iii) nothing herein contained shall be construed as creating any liability on the part of the 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 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 Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3 under this Agreement or any other related documents.

Appears in 2 contracts

Samples: Master Agreement (Sasco 2006-S3), Master Agreement (Sasco 2006-S3)

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Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by the Trustee U.S. Bank National Association not individually or personally but solely as trustee Supplemental Interest Trustee of the supplemental interest trust created under the Pooling Agreement (the “Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3, ”) in the exercise of the powers and authority conferred and vested in it under the Trust terms of the Pooling Agreement, (ii) each of the representations, undertakings and agreements herein made on the part of Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3 the Counterparty is made and intended not as personal representations, undertakings and agreements by the Trustee U.S. Bank National Association but is made and intended for the purpose of binding only the Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3, (iii) nothing herein contained shall be construed as creating any liability on the part of the TrusteeU.S. Bank National Association, individually or personally, to perform any covenant covenant, either expressed or implied 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, and (iv) under no circumstances shall the Trustee U.S. Bank National Association be personally liable for the payment of any indebtedness or expenses of the Trust Counterparty or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3 the Counterparty under this Agreement 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 Pooling Agreement.

Appears in 2 contracts

Samples: Master Agreement (C-Bass 2007-Cb1 Trust), Master Agreement (C-Bass 2007-Cb1 Trust)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by the Trustee not individually or personally but solely as trustee of Supplemental Interest Trust, Structured Asset Securities Corporation First Franklin Mortgage Loan Trust 2006-S3FF12, in the exercise of the powers and authority conferred and vested in it under the Trust Agreement, (ii) each of the representations, undertakings and agreements herein made on the part of Supplemental Interest Trust, Structured Asset Securities Corporation First Franklin Mortgage Loan Trust 2006-S3 FF12 is made and intended not as personal representations, undertakings and agreements by the Trustee but is made and intended for the purpose of binding only Supplemental Interest Trust, Structured Asset Securities Corporation First Franklin Mortgage Loan Trust 2006-S3FF12, (iii) nothing herein contained shall be construed as creating any liability on the part of the 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 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 Trust, Structured Asset Securities Corporation First Franklin Mortgage Loan Trust 2006-S3 FF12 under this Agreement or any other related documents.

Appears in 2 contracts

Samples: Master Agreement (First Franklin Mortgage Loan Trust 2006-Ff12), Master Agreement (First Franklin Mortgage Loan Trust 2006-Ff12)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by the Trustee not individually or personally but solely as trustee of Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3BC3, in the exercise of the powers and authority conferred and vested in it under the Trust Agreement, (ii) each of the representations, undertakings and agreements herein made on the part of Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3 BC3 is made and intended not as personal representations, undertakings and agreements by the Trustee but is made and intended for the purpose of binding only Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3BC3, (iii) nothing herein contained shall be construed as creating any liability on the part of the TrusteeU.S. Bank 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 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 Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3 BC3 under this Agreement or any other related documents.

Appears in 2 contracts

Samples: Master Agreement (Sasco 2006-Bc3), Master Agreement (Sasco 2006-Bc3)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by the Trustee not individually or personally but solely as the trustee of the Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Investment Loan Trust 2006-S3BNC3, in the exercise of the powers and authority conferred and vested in it under the Trust Agreement, (ii) each of the representations, undertakings and agreements herein made on the part of Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Investment Loan Trust 2006-S3 BNC3 is made and intended not as personal representations, undertakings and agreements by the Trustee but is made and intended for the purpose of binding only the Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Investment Loan Trust 2006-S3BNC3, (iii) nothing herein contained shall be construed as creating any liability on the part of the 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 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 Trust, Structured Asset Securities Corporation Mortgage Investment Loan Trust 2006-S3 BNC3 under this Agreement or any other related documents.

Appears in 2 contracts

Samples: Master Agreement (Sail 2006-Bnc3), Master Agreement (Sail 2006-Bnc3)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement Annex is executed and delivered by HSBC Bank USA, National Association (the Trustee Trustee) not individually or personally in its individual capacity, but solely as trustee of Supplemental Interest Trust Trustee for the Supplemental Interest Trust created pursuant to the PSA (the Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3), in the exercise of the powers and authority conferred and vested in it under the Trust AgreementPSA, (ii) each of the representations, undertakings and agreements herein made on the part of Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3 Party B is made and intended not as personal representations, undertakings and agreements by the Trustee but is made and intended for the purpose of binding only Supplemental Interest the Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3, (iii) nothing herein contained shall be construed as creating any liability on the part of the 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 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, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3 Party B under this Agreement Annex or any other related documentsdocuments as to all of which recourse shall be had solely to the assets of the Trust in accordance with the terms of the PSA.

Appears in 2 contracts

Samples: Master Agreement (PHH Alternative Mortgage Trust, Series 2007-3), Master Agreement (Deutsche Alt-a Securities Mortgage Loan Trust, Series 2007-Oa4 /DE)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by the Trustee not individually or personally but solely as the trustee of the Supplemental Interest Trust, Structured Asset Securities Corporation BNC Mortgage Loan Trust 2006-S31, in the exercise of the powers and authority conferred and vested in it under the Trust Agreement, (ii) each of the representations, undertakings and agreements herein made on the part of Supplemental Interest Trust, Structured Asset Securities Corporation BNC Mortgage Loan Trust 2006-S3 1 is made and intended not as personal representations, undertakings and agreements by the Trustee but is made and intended for the purpose of binding only the Supplemental Interest Trust, Structured Asset Securities Corporation BNC Mortgage Loan Trust 2006-S31, (iii) nothing herein contained shall be construed as creating any liability on the part of the 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 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 Trust, Structured Asset Securities Corporation BNC Mortgage Loan Trust 2006-S3 1 under this Agreement or any other related documents.

Appears in 2 contracts

Samples: Master Agreement (BNC Mortgage Loan Trust 2006-1), Master Agreement (BNC Mortgage Loan Trust 2006-1)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by the Trustee U.S. Bank National Association not individually or personally but solely as trustee Supplemental Interest Trust Trustee of the supplemental interest trust created under the Pooling Agreement (the “Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3, ”) in the exercise of the powers and authority conferred and vested in it under the Trust terms of the Pooling Agreement, (ii) each of the representations, undertakings and agreements herein made on the part of Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3 the Counterparty is made and intended not as personal representations, undertakings and agreements by the Trustee U.S. Bank National Association but is made and intended for the purpose of binding only the Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3, (iii) nothing herein contained shall be construed as creating any liability on the part of the TrusteeU.S. Bank National Association, individually or personally, to perform any covenant covenant, either expressed or implied 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, and (iv) under no circumstances shall the Trustee U.S. Bank National Association be personally liable for the payment of any indebtedness or expenses of the Trust Counterparty or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3 the Counterparty under this Agreement 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 Pooling Agreement. The parties hereto acknowledge that U.S. Bank National Association as Supplemental Interest Trust Trustee has been directed to enter into this Agreement pursuant to the Pooling Agreement.

Appears in 1 contract

Samples: Master Agreement (J.P. Morgan Alternative Loan Trust 2007-A1)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by the Trustee not individually or personally but solely as trustee of Supplemental Interest Trust, Structured Asset Securities Corporation First Franklin Mortgage Loan Trust 2006-S3FFA, in the exercise of the powers and authority conferred and vested in it under the Trust Agreement, (ii) each of the representations, undertakings and agreements herein made on the part of Supplemental Interest Trust, Structured Asset Securities Corporation First Franklin Mortgage Loan Trust 2006-S3 FFA is made and intended not as personal representations, undertakings and agreements by the Trustee but is made and intended for the purpose of binding only Supplemental Interest Trust, Structured Asset Securities Corporation First Franklin Mortgage Loan Trust 2006-S3FFA, (iii) nothing herein contained shall be construed as creating any liability on the part of the 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 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 Trust, Structured Asset Securities Corporation First Franklin Mortgage Loan Trust 2006-S3 FFA under this Agreement or any other related documents.

Appears in 1 contract

Samples: Master Agreement (First Franklin Mortgage Loan Trust 2006-Ffa)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by the Trustee U.S. Bank National Association, not individually or personally but solely as trustee on behalf of the supplemental interest trust created pursuant to the Pooling and Servicing Agreement (the “Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3”), in the exercise of the powers and authority conferred and vested in it under the Trust Pooling and Servicing Agreement, (ii) each of the representations, undertakings and agreements herein made on the part of Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3 Party B is made and intended not as personal representations, undertakings and agreements by the Trustee U.S. Bank National Association but is made and intended for the purpose of binding only the Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3, (iii) nothing herein contained shall be construed as creating any liability on the part of the TrusteeU.S. Bank 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 hereto, and (iv) under no circumstances shall the Trustee U.S. Bank National Association 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, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3 Party B under this Agreement 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 Pooling and Servicing Agreement

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Cb5)

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 the Trustee Deutsche Bank National Trust Company not individually or personally in its individual capacity but solely as trustee of Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3, Trustee under the Pooling and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred and vested invested in it under the Trust Agreement, thereunder (ii) each of the representations, undertakings and agreements herein made on the part of Supplemental Interest TrustAmeriquest Mortgage Securities Inc., Structured Asset Securities Corporation Mortgage Loan Trust 2006Asset-S3 Backed Pass-Through Certificates, Series 2005-R4 is made and intended not as personal representations, undertakings and agreements by the Trustee Deutsche Bank National Trust Company but is made and intended for the purpose purposes of binding only Supplemental Interest TrustAmeriquest Mortgage Securities Inc., Structured Asset Securities Corporation Mortgage Loan Trust 2006Asset-S3Backed Pass-Through Certificates, Series 2005-R4, (iii) nothing herein contained shall be construed as creating any liability on the part of the TrusteeDeutsche Bank National Trust 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 hereto, and (iv) under no circumstances shall the Trustee Deutsche Bank National 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, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3 under this Agreement Confirmation or any other related documents.

Appears in 1 contract

Samples: Distribution Instructions (Asset-Backed Pass-Through Certificates, Series 2005-R4)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by the Trustee U.S. Bank National Association, not individually in its individual or personally corporate capacity, but solely as trustee of Supplemental Interest TrustTrust Trustee, Structured Asset Securities Corporation Mortgage Loan on behalf of the Supplemental Interest Trust created under the Pooling and Servicing Agreement in respect of the CSAB Mortgage-Backed Pass-Through Certificates, Series 2006-S33, in the exercise of the powers and authority conferred upon and vested in it under the Trust Agreementthereunder, (ii) each of the representations, warranties, covenants, undertakings and agreements herein made on the part of Supplemental Interest TrustParty B has not been made or intended as a representation, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3 is made and intended not as personal representationswarranty, undertakings and agreements covenant, undertaking or agreement by the Trustee U.S. Bank National Association, in its individual or corporate capacity, but is made and intended for the purpose of binding only the assets of the Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3available therefor in accordance with the terms of the Pooling and Servicing Agreement, (iii) nothing herein contained shall be construed as creating any liability on the part of the TrusteeU.S. Bank National Association, individually in its individual or personallycorporate capacity, 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 the Trustee U.S. Bank National Association, in its individual or corporate capacity, 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, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3 Party B under this Agreement or any other related documentsdocument, 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 Pooling and Servicing Agreement.

Appears in 1 contract

Samples: Master Agreement (CSAB Mortgage-Backed Trust 2006-3)

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 the Trustee Deutsche Bank National Trust Company not individually or personally in its individual capacity but solely as trustee of Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3, Trustee under the Pooling and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred and vested invested in it under the Trust Agreement, thereunder (ii) each of the representations, undertakings and agreements herein made on behalf of the part of Supplemental Interest Trust created under the Pooling and Servicing Agreement, with respect to Home Equity Mortgage Loan Asset-Backed Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006Series INABS 2005-S3 is C made and intended not as personal representations, undertakings and agreements by the Trustee Deutsche Bank National Trust Company but is made and intended for the purpose purposes of binding only the Supplemental Interest Trust created under the Pooling and Servicing Agreement, with respect to Home Equity Mortgage Loan Asset-Backed Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006Series INABS 2005-S3C, (iii) nothing herein contained shall be construed as creating any liability on the part of the TrusteeDeutsche Bank National Trust 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 hereto, and (iv) under no circumstances shall the Trustee Deutsche Bank National 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, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3 under this Agreement Confirmation or any other related documents.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Home Equity Mortgage Loan Asset-Backed Trust, Series INABS 2005-C)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this AAR Agreement is executed by the Indenture Trustee: (i) this AAR Agreement is executed and delivered by the Trustee U.S. Bank National Association, not individually or personally in its individual capacity but solely as trustee of Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3Indenture Trustee under the Indenture referred to herein, in the exercise of the powers and authority conferred and vested invested in it under the Trust Agreementthereunder, (ii) each of the representations, undertakings and agreements herein made on the part of Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3 the Indenture Trustee is made and intended not as a personal representationsrepresentation, undertakings and agreements undertaking or agreement by the Trustee U.S. Bank National Association, but is made and intended for the purpose of binding only Supplemental Interest Trust, Structured Asset Securities Corporation Citigroup Mortgage Loan Trust 2006-S3AR1 and the Trust Estate pledged by it to secure its Mortgage-Backed Notes, Series 2006-AR1, (iii) nothing herein contained shall be construed as creating any liability on the part of the TrusteeU.S. Bank 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 hereto, and (iv) under no circumstances shall the Trustee U.S. Bank National Association, 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, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3 under this Agreement or any other related documents.AAR Agreement. [Signatures Follow]

Appears in 1 contract

Samples: Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Ar1)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by the Trustee U.S. Bank National Association, not individually in its individual or personally corporate capacity, but solely as trustee of Supplemental Interest TrustTrust Trustee, Structured Asset Securities Corporation Mortgage Loan on behalf of the Supplemental Interest Trust created under the Pooling and Servicing Agreement in respect of the CSAB Mortgage-Backed Pass-Through Certificates, Series 2006-S32, in the exercise of the powers and authority conferred upon and vested in it under the Trust Agreementthereunder, (ii) each of the representations, warranties, covenants, undertakings and agreements herein made on the part of Supplemental Interest TrustParty B has not been made or intended as a representation, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3 is made and intended not as personal representationswarranty, undertakings and agreements covenant, undertaking or agreement by the Trustee U.S. Bank National Association, in its individual or corporate capacity, but is made and intended for the purpose of binding only the assets of the Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3available therefor in accordance with the terms of the Pooling and Servicing Agreement, (iii) nothing herein contained shall be construed as creating any liability on the part of the TrusteeU.S. Bank National Association, individually in its individual or personallycorporate capacity, 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 the Trustee U.S. Bank National Association, in its individual or corporate capacity, 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, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3 Party B under this Agreement or any other related documentsdocument, 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 Pooling and Servicing Agreement.

Appears in 1 contract

Samples: Master Agreement (CSAB Mortgage-Backed Pass-Through Certificates, Series 2006-2)

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 the Trustee Xxxxx Fargo Bank, N.A. not individually or personally in its individual capacity but solely as trustee of Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3, Trustee under the Pooling and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred and vested invested in it under the Trust Agreement, thereunder (ii) each of the representations, undertakings and agreements herein made on the part of Supplemental Interest TrustPark Place Securities, Structured Asset Securities Corporation Mortgage Loan Trust 2006Inc. Asset-S3 Backed Pass-Through Certificates, Series 2005-WCW2 is made and intended not as personal representations, undertakings and agreements by the Trustee Xxxxx Fargo Bank, N.A. but is made and intended for the purpose purposes of binding only Supplemental Interest TrustPark Place Securities, Structured Asset Securities Corporation Mortgage Loan Trust 2006Inc. Asset-S3Backed Pass-Through Certificates, Series 2005-WCW2, (iii) nothing herein contained shall be construed as creating any liability on the part of the TrusteeXxxxx Fargo Bank, N.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 hereto,and (iv) under no circumstances shall the Trustee Xxxxx Fargo Bank, N.A. 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, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3 under this Agreement Confirmation or any other related documents.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Park Place Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2005-Wcw2)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement Amendment is executed and delivered by the Trustee Trustee, not individually or personally but solely in its capacity as trustee of Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3, Trustee in the exercise of the powers and authority conferred and vested in it as the assignee of the Company under the Trust Existing Agreement, (ii) each of the representations, undertakings and agreements herein made on the part of Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3 is made and intended not as personal representations, undertakings and agreements by the Trustee but is made and intended for the purpose of binding only Supplemental Interest the RALI Series 2006-QO8 Trust, Structured Asset Securities Corporation Mortgage Loan RALI Grantor Trust I-A1A, Series 2006-S3QO8, RALI Grantor Trust I-A2A, Series 2006-QO8, and RALI Grantor Trust I-A5A, Series 2006-QO8 (together, the “Trusts”), (iii) nothing herein contained shall be construed as creating any liability on the part of the for Trustee, individually or personally, to perform any covenant (either expressed express or implied implied) contained herein, and all such liability, if any, being is hereby expressly waived by the parties hereto hereto, and such waiver shall bind any third party making a claim by any Person claiming by, or through or under one of the parties hereto hereto, and (iv) under no circumstances shall the Trustee be personally liable for the payment of any indebtedness or expenses of the Trust Trusts, or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3 the Trusts under this Amendment, the Pooling and Servicing Agreement or any other related documentsdocument.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (RALI Series 2006-Qo8 Trust)

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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 the Trustee Deutsche Bank National Trust Company not individually or personally in its individual capacity but solely as trustee of Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3, Trustee under the PSA in the exercise of the powers and authority conferred and vested invested in it under the Trust Agreementas trustee thereunder, (ii) Deutsche Bank National Trust Company has been directed pursuant to the PSA to enter this Agreement and perform its obligations hereunder on behalf of the Trust, (iii) each of the representations, undertakings and agreements herein made on behalf of the part of Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3 is made and intended not as personal representations, undertakings and agreements by the Trustee representations of Deutsche Bank National Trust Company but is made and intended for the purpose of binding only Supplemental Interest the Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3(iv) except as expressly required by the terms of the PSA, (iii) nothing herein contained shall be construed as creating any liability on the part of the TrusteeDeutsche Bank National Trust 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 (ivv) under no circumstances shall the Trustee Deutsche Bank National 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 under this Annex, as to all of which recourse shall be had solely to the assets of the Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3 under this Agreement or any other related documents.

Appears in 1 contract

Samples: Master Agreement (Sast 2007-3)

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 the Trustee Deutsche Bank National Trust Company not individually or personally in its individual capacity but solely as trustee of Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3, Trustee under the Pooling and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred and vested invested in it under the Trust Agreement, thereunder (ii) each of the representations, undertakings and agreements herein made on the part behalf of Supplemental Interest TrustAmeriquest Mortgage Securities Inc., Structured Asset Securities Corporation Mortgage Loan Trust 2006Asset-S3 Backed Pass-Through Certificates, Series 2005-R8 is made and intended not as personal representations, undertakings and agreements by the Trustee Deutsche Bank National Trust Company but is made and intended for the purpose purposes of binding only Supplemental Interest TrustAmeriquest Mortgage Securities Inc., Structured Asset Securities Corporation Mortgage Loan Trust 2006Asset-S3Backed Pass-Through Certificates, Series 2005-R8, (iii) nothing herein contained shall be construed as creating any liability on the part of the TrusteeDeutsche Bank National Trust 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 hereto, and (iv) under no circumstances shall the Trustee Deutsche Bank National 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, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3 under this Agreement Confirmation or any other related documents.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R8)

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 the Trustee Xxxxx Fargo Bank, N.A., not individually or personally in its individual capacity, but solely as trustee Trustee of Supplemental Interest the Xxxxxxx Xxxxx Mortgage Investors Trust, Structured Asset Securities Corporation Mortgage Loan Trust Series 2006-S3HE1 (the "Trust") under the Pooling & Servicing Agreement, dated as of February 1, 2006 between the Trust and the Trustee, in the exercise of the powers and authority conferred upon and vested in it under the Trust Agreementthereunder and pursuant to instructions set forth therein, (ii) each of the representations, undertakings and agreements herein made on the part of Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan the Trust 2006-S3 is made and intended not as a personal representationsrepresentation, undertakings and agreements by the Trustee undertaking or agreement of Xxxxx Fargo Bank, N.A., but is made and intended for the purpose of binding only Supplemental Interest the Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3, (iii) nothing herein contained shall be construed as creating imposing any liability on the part of the TrusteeXxxxx Fargo Bank, N.A. individually or personally, to perform any covenant either expressed express 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, and (iv) under no circumstances shall the Trustee Xxxxx Fargo Bank, N.A. 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, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3 under this Agreement Confirmation by the Trust or any other related documents.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2006-He1)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by the Trustee Xxxxx Fargo Bank, N.A., not individually or personally but solely as trustee Trustee of the Supplemental Interest Trust created pursuant to the Pooling Agreement (the "Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3"), in the exercise of the powers and authority conferred and vested in it under the Trust Pooling Agreement, (ii) each of the representations, undertakings and agreements herein made on the part of Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3 Party B is made and intended not as personal representations, undertakings and agreements by the Trustee Xxxxx Fargo Bank, N.A. but is made and intended for the purpose of binding only the Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3, (iii) nothing herein contained shall be construed as creating any liability on the part of the TrusteeXxxxx Fargo Bank, N.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 hereto, and (iv) under no circumstances shall the Trustee Xxxxx Fargo Bank, N.A. 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, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3 under this Agreement 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 Pooling Agreement.

Appears in 1 contract

Samples: Pooling Agreement (Luminent Mortgage Trust 2006-6)

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 the Trustee Deutsche Bank National Trust Company not individually or personally in its individual capacity but solely as trustee of Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3, Trustee under the Pooling and Servicing Agreement referred to in this Confirmation in the exercise of the powers and authority conferred and vested invested in it under the Trust Agreement, thereunder (ii) each of the representations, undertakings and agreements herein made on the part of Supplemental Interest TrustAmeriquest Mortgage Securities Inc., Structured Asset Securities Corporation Mortgage Loan Trust 2006Asset-S3 Backed Pass-Through Certificates, Series 2005-R5 is made and intended not as personal representations, undertakings and agreements by the Trustee Deutsche Bank National Trust Company but is made and intended for the purpose purposes of binding only Supplemental Interest TrustAmeriquest Mortgage Securities Inc., Structured Asset Securities Corporation Mortgage Loan Trust 2006Asset-S3Backed Pass-Through Certificates, Series 2005-R5, (iii) nothing herein contained shall be construed as creating any liability on the part of the TrusteeDeutsche Bank National Trust 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 hereto, and (iv) under no circumstances shall the Trustee Deutsche Bank National 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, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3 under this Agreement Confirmation or any other related documents.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R5)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by the Trustee not individually or personally but solely as trustee of Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Investment Loan Trust 2006Mortgage Pass-S3Through Certificates, Series 2005-7, in the exercise of the powers and authority conferred and vested in it under the Trust Agreementit, (ii) each of the representations, undertakings and agreements herein made on the part of Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Investment Loan Trust 2006Mortgage Pass-S3 Through Certificates, Series 2005-7 is made and intended not as personal representations, undertakings and agreements by the Trustee but is made and intended for the purpose of binding only Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Investment Loan Trust 2006Mortgage Pass-S3Through Certificates, Series 2005-7, (iii) nothing herein contained shall be construed as creating any liability on the part of the 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 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 Trust, Structured Asset Securities Corporation Mortgage Investment Loan Trust 2006Mortgage Pass-S3 Through Certificates, Series 2005-7 under this Agreement or any other related documents.

Appears in 1 contract

Samples: Master Agreement (Structured Asset Investment Loan Trust 2005-7)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by U.S. Bank National Association (the Trustee Supplemental Interest Trust Trustee) not individually or personally but solely as trustee of the Supplemental Interest Trust created pursuant to the PSA (the Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3), in the exercise of the powers and authority conferred and vested in it under the Trust AgreementPSA, (ii) each of the representations, undertakings and agreements herein made on the part of the Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3 is made and intended not as personal representations, undertakings and agreements by the Supplemental Interest Trust Trustee but is made and intended for the purpose of binding only the Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3, (iii) nothing herein contained shall be construed as creating any liability on the part of the Supplemental Interest Trust 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 the Supplemental Interest Trust 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 the Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3 under this Agreement or any other related documentsdocuments 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 Pooling and Servicing Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Home Equity Mortgage Trust 2006-5)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Novation Agreement is executed and delivered by the Trustee U.S. Bank National Association, not individually or personally but solely as trustee on behalf of the supplemental interest trust created pursuant to the Pooling and Servicing Agreement (the “Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3”), in the exercise of the powers and authority conferred and vested in it under the Trust Pooling and Servicing Agreement, (ii) each of the representations, undertakings and agreements herein made on the part of Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3 Transferee is made and intended not as personal representations, undertakings and agreements by the Trustee U.S. Bank National Association but is made and intended for the purpose of binding only the Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3, (iii) nothing herein contained shall be construed as creating any liability on the part of the TrusteeU.S. Bank 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 hereto, and (iv) under no circumstances shall the Trustee U.S. Bank National Association be personally liable for the payment of any indebtedness or expenses of the Trust Transferee or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3 Transferee under this Novation Agreement 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 Pooling and Servicing Agreement 8.

Appears in 1 contract

Samples: Novation Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Cb5)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement Confirmation is executed and delivered by the Trustee Wells Fargo Bank, National Association, not individually or personally but solely bxx xxlely as trustee Trustee of Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan the Trust 2006-S3under the pooling and servicing agreement pursuant to which the Trust was formed, in the exercise of the powers and authority conferred upon and vested in it under it, and pursuant to instructions set for the Trust Agreementtherein, (ii) each of the representations, undertakings and agreements herein made on the part of Supplemental Interest Trustby Wells Fargo Bank, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3 National Association is made and intended not as personal representationsa perxxxxx representation, undertakings and agreements by the Trustee undertaking or agreement of Wells Fargo Bank, National Association, but is made and intended solely for the purpose of binding bixxxxx only Supplemental Interest the Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3, (iii) nothing herein contained shall be construed as creating imposing any liability on the part of the Trusteeupon Wells Fargo Bank, National Association, individually or personally, to perform pxxxxxm any covenant (either expressed express or implied implied) contained herein, and all such liability, if any, being is hereby expressly waived by the parties hereto hereto, and such waiver shall bind any third party making a claim by any Person claiming by, or through or under one of the parties hereto hereto, and (iv) under no circumstances shall the Trustee Wells Fargo Bank, National Association be personally liable for the payment of paymxxx xf any indebtedness or expenses of the Trust Trust, or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan the Trust 2006-S3 under this Confirmation, the Agreement or any other related documentsdocument.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (SABR LLC Trust 2006-Fr1)

Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by the Trustee LaSalle Bank National Association not individually or personally but solely as trustee Supplemental Interest Trust Trustee of the supplemental interest trust created under the Pooling Agreement (the “Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3, ”) in the exercise of the powers and authority conferred and vested in it under the Trust terms of the Pooling Agreement, (ii) each of the representations, undertakings and agreements herein made on the part of Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3 the Counterparty is made and intended not as personal representations, undertakings and agreements by the Trustee LaSalle Bank National Association but is made and intended for the purpose of binding only the Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3, (iii) nothing herein contained shall be construed as creating any liability on the part of the TrusteeLaSalle Bank National Association, individually or personally, to perform any covenant covenant, either expressed or implied 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, and (iv) under no circumstances shall the Trustee LaSalle Bank National Association be personally liable for the payment of any indebtedness or expenses of the Trust Counterparty or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by Supplemental Interest Trust, Structured Asset Securities Corporation Mortgage Loan Trust 2006-S3 the Counterparty under this Agreement 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 Pooling Agreement.

Appears in 1 contract

Samples: Item 1115 Agreement (C-Bass 2007-Cb5 Trust)

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