Additional Terms Regarding Indenture Sample Clauses

Additional Terms Regarding Indenture. The Grantor Trustee shall have only such duties and obligations under this Agreement as are expressly set forth herein, and no implied duties on its part shall be read into this Agreement. In entering into and acting under this Agreement, the Grantor Trustee shall be entitled to all of the rights, immunities, indemnities and other protections set forth in the Grantor Trust Agreement.

Additional Terms Regarding Indenture. The Indenture Trustee shall have only such duties and obligations under this Agreement as are expressly set forth herein, and no implied duties on its part shall be read into this Agreement. In entering into and acting under this Agreement, the Indenture Trustee shall be entitled to all of the rights, immunities, indemnities and other protections set forth in Article VI of the Indenture. It is expressly understood and agreed by the parties that (a) this Agreement is executed and delivered by Wilmington Trust Company, not individually or personally, but solely as Owner Trustee, in the exercise of the powers and authority conferred and vested in it, pursuant to the Trust Agreement, (b) each of the representations, undertakings and agreements herein made on the part of the Trust is made and intended not as personal representations, undertakings and agreements by Wilmington Trust Company but is made and intended for the purpose for binding only the Trust, (c) nothing herein contained shall be construed as creating any liability on Wilmington 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, and (d) under no circumstances shall Wilmington 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 the Trust under this Agreement or any other related documents; provided, however, that this provision shall in no way limit or restrict the liabilities of Wilmington Trust Company under the Agreements to which it is a party.

Additional Terms Regarding Indenture. 43 Section 7.14. Third Party Beneficiary...............................................................43 -ii- TABLE OF CONTENTS (continued) PAGE ---- EXHIBITS -------- Exhibit A - Mortgage Loan Schedule Exhibit B - Request for Release of Documents Exhibit C-1 - Wells Fargo Servicing Agreement Exhibit C-2 - PHH Servic▇▇▇ ▇greement Exhibit C-3 Aurora Servicing Agreement Exhibit C-4 Countrywide Servicing Agreement Exhibit D-1 - Wells Fargo Assignment Agreement Exhibit D-2 - PHH Assig▇▇▇▇▇ Agreement Exhibit D-3 Countrywide-Lehman Assignment Agreement Exhibit D-4 Countrywide-Me▇▇▇▇▇ Assignment Agreement Exhibit E - Mortgage Loan Purchase Agreement SALE AND SERVICING AGREEMENT Sale and Servicing Agreement dated as of December 22, 2005 (the "Agreement"), among Merrill Lynch Mortgage Investors, Inc., a Delaware corporation, as de▇▇▇▇▇▇▇ (▇▇▇ "Depositor"), Merrill Lynch Mortgage Investors Trust, Series 2005-A9, a Delaware st▇▇▇▇▇▇▇ ▇▇▇▇▇, as issuer (the "Issuer"), Wachovia Bank, National Association, a national banking association, as indenture trustee (the "Indenture Trustee"), Wells Fargo Bank, N.A. ("Wells Fargo"), as master servicer (in such c▇▇▇▇▇ty, the "Master Serv▇▇▇▇") and as securities administrator (in such capacity, the "Securities Administrator"), and Taberna Realty Holdings Trust, a Maryland real estate investment trust, as seller (in such capacity, the "Seller").

Additional Terms Regarding Indenture. 29 EXHIBITS Exhibit A......... - Mortgage Loan Schedule Exhibit B......... - ▇▇▇▇▇ Fargo Servicing Agreement SERVICING AGREEMENT Servicing Agreement, dated as of February 28, 2005 (the "Agreement"), among Structured Asset Mortgage Investments II Inc. a Delaware corporation, as depositor (the "Depositor"), U.S. Bank National Association, a national banking association, not in its individual capacity but solely as grantor trustee (the "Grantor Trustee"), ▇▇▇▇▇ Fargo Bank, National Association ("▇▇▇▇▇ Fargo"), as master servicer (in that capacity, the "Master Servicer") and as securities administrator (in that capacity, the "Securities Administrator") and EMC Mortgage Corporation, as seller (the "Seller").

Additional Terms Regarding Indenture. The Indenture Trustee (or the Indenture Trustee with respect to the REMIC Class A Notes or the Trustee with respect to the REMIC Certificates, as applicable) shall have only such duties and obligations under this Agreement as are expressly set forth herein, and no implied duties on its part shall be read into this Agreement. In entering into and acting under this Agreement, the Indenture Trustee shall be entitled to all of the rights, immunities, indemnities and other protections set forth in Article VI of the Indenture or the indenture relating to the REMIC Class A Notes or the pooling and servicing agreement relating to the REMIC Certificates.

Additional Terms Regarding Indenture. ▇▇▇ ▇▇▇▇▇▇▇▇▇ Trustee and the Securities Administrator shall have only such duties and obligations under this Agreement as are expressly set forth herein, and no implied duties on its part shall be read into this Agreement. In entering into and acting under this Agreement, the Indenture Trustee and the Securities Administrator shall be entitled to all of the rights, immunities, indemnities and other protections set forth in Article VI of the Indenture.