Concerning Owner Trustee. SECTION 7.1. Acceptance of Trusts and Duties 18 SECTION 7.2. Furnishing of Documents 19 SECTION 7.3. Representations and Warranties 19 SECTION 7.4. Reliance; Advice of Counsel 20 SECTION 7.5. Not Acting in Individual Capacity 20 SECTION 7.6. The Owner Trustee May Own Residual Interests and Notes 20 SECTION 7.7. Owner Trustee Not Liable for Certificates or Contracts 21 SECTION 7.8. Payments from Trust Estate 21 SECTION 7.9. Doing Business in Other Jurisdictions 21 ARTICLE VIII COMPENSATION OF OWNER TRUSTEE SECTION 8.1. The Owner Trustee’s Fees and Expenses 22 SECTION 8.2. Indemnification 22 SECTION 8.3. Payments to the Owner Trustee 22 SECTION 8.4. Non-Recourse Obligations 22 ARTICLE IX TERMINATION OF TRUST AGREEMENT SECTION 9.1. Termination of Trust Agreement 23 SECTION 9.2. Dissolution of the Issuer 23 SECTION 9.3. Limitations on Termination 23 ARTICLE X SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES SECTION 10.1. Eligibility Requirements for the Owner Trustee 23 SECTION 10.2. Resignation or Removal of the Owner Trustee 24 SECTION 10.3. Successor Owner Trustee 24 SECTION 10.4. Merger or Consolidation of the Owner Trustee 25 SECTION 10.5. Appointment of Co-Trustee or Separate Trustee 25 ARTICLE XI MISCELLANEOUS SECTION 11.1. Amendments 26 SECTION 11.2. No Legal Title to Trust Estate in Residual Interestholder 28 SECTION 11.3. Limitations on Rights of Others 28 SECTION 11.4. Notices 28 SECTION 11.5. Severability 28 SECTION 11.6. Separate Counterparts 28 SECTION 11.7. Successors and Assigns 28 SECTION 11.8. No Petition 29 SECTION 11.9. Information Request 30 SECTION 11.10. Headings 30 SECTION 11.11. Governing Law 30 SECTION 11.12. Information to Be Provided by the Owner Trustee 30 This AMENDED AND RESTATED TRUST AGREEMENT is made as of [ ], 20[ ] (as from time to time amended, supplemented or otherwise modified and in effect, this “Agreement”) between Santander Drive Auto Receivables LLC, a Delaware limited liability company, as the depositor (the “Seller”), and [ ], a Delaware [ ], as the owner trustee (the “Owner Trustee”).
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Samples: Trust Agreement (Santander Drive Auto Receivables LLC)
Concerning Owner Trustee. SECTION 7.1Section 6.01. Acceptance of Trusts and Duties 18 SECTION 7.210 Section 6.02. Furnishing of Documents 19 SECTION 7.3Documents; Confidentiality of Information Contained in the Account Schedule 12 Section 6.03. Representations and Warranties 19 SECTION 7.412 Section 6.04. Reliance; Advice of Counsel 20 SECTION 7.513 Section 6.05. Not Acting in Individual Capacity 20 SECTION 7.6. The Owner Trustee May Own Residual Interests and Notes 20 SECTION 7.713 Section 6.06. Owner Trustee Not Liable for Certificates Notes or Contracts 21 SECTION 7.8Receivables 13 Section 6.07. Payments from Trust Estate 21 SECTION 7.9Owner Trustee May Own Notes 14 Section 7.01. Doing Business in Other Jurisdictions 21 ARTICLE VIII COMPENSATION OF OWNER TRUSTEE
SECTION 8.1. The Owner Trustee’s Fees and Expenses 22 SECTION 8.214 Section 7.02. Indemnification 22 SECTION 8.314 Section 7.03. Payments to the Owner Trustee 22 SECTION 8.4. Non-Recourse Obligations 22 ARTICLE IX TERMINATION OF TRUST AGREEMENT
SECTION 9.115 Section 8.01. Termination of Trust Agreement 23 SECTION 9.2. Dissolution of the Issuer 23 SECTION 9.3. Limitations on Termination 23 ARTICLE X SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES SECTION 10.115 Section 9.01. Eligibility Requirements for the Owner Trustee 23 SECTION 10.215 Section 9.02. Resignation or Removal of the Owner Trustee 24 SECTION 10.316 Section 9.03. Successor Owner Trustee 24 SECTION 10.416 Section 9.04. Merger or Consolidation of the Owner Trustee 25 SECTION 10.517 Section 9.05. Appointment of Co-Trustee or Separate Trustee 25 ARTICLE XI MISCELLANEOUS SECTION 11.117 Section 10.01. Supplements and Amendments 26 SECTION 11.218 Section 10.02. No Legal Title to Trust Estate in Residual Interestholder 28 SECTION 11.3Transferor 20 Section 10.03. Limitations on Rights of Others 28 SECTION 11.420 Section 10.04. Notices 28 SECTION 11.520 Section 10.05. Severability 28 SECTION 11.620 Section 10.06. Separate Counterparts 28 SECTION 11.721 Section 10.07. Successors and Assigns 28 SECTION 11.821 Section 10.08. Non-petition Covenants 21 Section 10.09. No Petition 29 SECTION 11.9. Information Request 30 SECTION 11.10Recourse 21 Section 10.10. Headings 30 SECTION 11.1121 Section 10.11. Governing Law 30 SECTION 11.1221 Section 10.12. Information to Be Provided by the Owner Trustee 30 This AMENDED AND RESTATED TRUST AGREEMENT is made as Integration of [ ], 20[ ] (as from time to time amended, supplemented or otherwise modified and in effect, this “Agreement”) between Santander Drive Auto Receivables LLC, a Delaware limited liability company, as the depositor (the “Seller”), and [ ], a Delaware [ ], as the owner trustee (the “Owner Trustee”).Documents 21
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Concerning Owner Trustee. SECTION 7.1Section 6.01. Acceptance of Trusts and Duties 18 SECTION 7.210 Section 6.02. Furnishing of Documents 19 SECTION 7.3Documents; Confidentiality of Information Contained in the Account Schedule 12 Section 6.03. Representations and Warranties 19 SECTION 7.412 Section 6.04. Reliance; Advice of Counsel 20 SECTION 7.513 Section 6.05. Not Acting in Individual Capacity 20 SECTION 7.6. The Owner Trustee May Own Residual Interests and Notes 20 SECTION 7.713 Section 6.06. Owner Trustee Not Liable for Certificates Notes or Contracts 21 SECTION 7.8Receivables 13 Section 6.07. Payments from Trust Estate 21 SECTION 7.9Owner Trustee May Own Notes 14 Section 7.01. Doing Business in Other Jurisdictions 21 ARTICLE VIII COMPENSATION OF OWNER TRUSTEE
SECTION 8.1. The Owner Trustee’s Fees and Expenses 22 SECTION 8.214 Section 7.02. Indemnification 22 SECTION 8.314 Section 7.03. Payments to the Owner Trustee 22 SECTION 8.4. Non-Recourse Obligations 22 ARTICLE IX TERMINATION OF TRUST AGREEMENT
SECTION 9.115 Section 8.01. Termination of Trust Agreement 23 SECTION 9.2. Dissolution of the Issuer 23 SECTION 9.3. Limitations on Termination 23 ARTICLE X SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES SECTION 10.115 Section 9.01. Eligibility Requirements for the Owner Trustee 23 SECTION 10.215 Section 9.02. Resignation or Removal of the Owner Trustee 24 SECTION 10.316 Section 9.03. Successor Owner Trustee 24 SECTION 10.416 Section 9.04. Merger or Consolidation of the Owner Trustee 25 SECTION 10.517 Section 9.05. Appointment of Co-Trustee or Separate Trustee 25 ARTICLE XI MISCELLANEOUS SECTION 11.117 Section 10.01. Supplements and Amendments 26 SECTION 11.218 Section 10.02. No Legal Title to Trust Estate in Residual Interestholder 28 SECTION 11.3Transferor 20 Section 10.03. Limitations on Rights of Others 28 SECTION 11.420 Section 10.04. Notices 28 SECTION 11.520 Section 10.05. Severability 28 SECTION 11.620 Section 10.06. Separate Counterparts 28 SECTION 11.721 Section 10.07. Successors and Assigns 28 SECTION 11.821 Section 10.08. Non-petition Covenants 21 Section 10.09. No Petition 29 SECTION 11.9. Information Request 30 SECTION 11.10Recourse 21 Section 10.10. Headings 30 SECTION 11.1121 Section 10.11. Governing Law 30 SECTION 11.1221 Section 10.12. Information to Be Provided by the Owner Trustee 30 This AMENDED AND RESTATED TRUST AGREEMENT is made as Integration of [ ], 20[ ] (as from time to time amended, supplemented or otherwise modified and in effect, this “Agreement”) between Santander Drive Auto Receivables LLC, a Delaware limited liability company, as the depositor (the “Seller”), and [ ], a Delaware [ ], as the owner trustee (the “Owner Trustee”).Documents 22
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Concerning Owner Trustee. SECTION 7.1Section 6.01. Acceptance of Trusts and Duties 18 SECTION 7.210 Section 6.02. Furnishing of Documents 19 SECTION 7.311 Section 6.03. Representations and Warranties 19 SECTION 7.412 Section 6.04. Reliance; Advice of Counsel 20 SECTION 7.512 Section 6.05. Not Acting in Individual Capacity 20 SECTION 7.6. The Owner Trustee May Own Residual Interests and Notes 20 SECTION 7.713 Section 6.06. Owner Trustee Not Liable for Certificates Notes or Contracts 21 SECTION 7.8Receivables 13 Section 6.07. Payments from Trust Estate 21 SECTION 7.9Owner Trustee May Own Notes 13 Section 7.01. Doing Business in Other Jurisdictions 21 ARTICLE VIII COMPENSATION OF OWNER TRUSTEE
SECTION 8.1. The Owner Trustee’s Fees and Expenses 22 SECTION 8.213 Section 7.02. Indemnification 22 SECTION 8.314 Section 7.03. Payments to the Owner Trustee 22 SECTION 8.4. Non-Recourse Obligations 22 ARTICLE IX TERMINATION OF TRUST AGREEMENT
SECTION 9.114 Section 8.01. Termination of Trust Agreement 23 SECTION 9.2. Dissolution of the Issuer 23 SECTION 9.3. Limitations on Termination 23 ARTICLE X SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES SECTION 10.114 Section 9.01. Eligibility Requirements for the Owner Trustee 23 SECTION 10.215 Section 9.02. Resignation or Removal of the Owner Trustee 24 SECTION 10.315 Section 9.03. Successor Owner Trustee 24 SECTION 10.416 Section 9.04. Merger or Consolidation of the Owner Trustee 25 SECTION 10.516 Section 9.05. Appointment of Co-Trustee or Separate Trustee 25 ARTICLE XI MISCELLANEOUS SECTION 11.117 Section 10.01. Supplements and Amendments 26 SECTION 11.218 Section 10.02. No Legal Title to Trust Estate in Residual Interestholder 28 SECTION 11.3Transferor 19 Section 10.03. Limitations on Rights of Others 28 SECTION 11.419 Section 10.04. Notices 28 SECTION 11.520 Section 10.05. Severability 28 SECTION 11.620 Section 10.06. Separate Counterparts 28 SECTION 11.720 Section 10.07. Successors and Assigns 28 SECTION 11.820 Section 10.08. Non-petition Covenants 20 Section 10.09. No Petition 29 SECTION 11.9. Information Request 30 SECTION 11.10Recourse 21 Section 10.10. Headings 30 SECTION 11.1121 Section 10.11. Governing Law 30 SECTION 11.1221 Section 10.12. Information to Be Provided by the Owner Trustee 30 This Integration of Documents 21 EXHIBIT A FORM OF CERTIFICATE OF TRUST OF FIRST NATIONAL MASTER NOTE TRUST THIS FIRST AMENDED AND RESTATED TRUST AGREEMENT is made AGREEMENT, dated as of [ ]December 20, 20[ ] 2012 (as from time to time amended, supplemented or otherwise modified and in effect, this “Agreement”) ), is between Santander Drive Auto Receivables FIRST NATIONAL FUNDING LLC, a Delaware Nebraska limited liability company, as the depositor Transferor (the “SellerTransferor”), and [ ]WILMINGTON TRUST COMPANY, a Delaware [ ]corporation, acting hereunder in its individual capacity and as the owner trustee Owner Trustee (the “Owner Trustee”).
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