Common use of Establishment of the Account Clause in Contracts

Establishment of the Account. In consideration of its right to receive Excess Spread in accordance with Section 6.02 of the Pooling and Servicing Agreement, the Spread Account Depositor hereby establishes and shall hereafter maintain with the Spread Account Custodian the Account as a separate trust account to include the money and other property deposited and held therein pursuant hereto. The Account shall be a segregated trust account maintained in New York and initially established with the Spread Account Custodian and maintained with the Spread Account Custodian in the Corporate Trust Department of the Spread Account Custodian. The Spread Account Custodian acknowledges the interest of the Trustee in the Account, as set forth herein and in Article VI of the Pooling and Servicing Agreement. The Spread Account Custodian further acknowledges and agrees that (i) any deposits to the Account shall be made solely by the Servicer or the Trustee in accordance with Section 6.02(a) of the Pooling and Servicing Agreement; (ii) any withdrawals from the Account shall be made by the Spread Account Custodian solely upon instructions therefor given by the Trustee as specifically set forth in Section 6.02(b) of the Pooling and Servicing Agreement; and (iii) the Seller, the Servicer and the Spread Account Depositor shall have no rights to receive any amounts in the Account other than as specifically set forth herein and in Section 6.02(b) of the Pooling and Servicing Agreement.

Establishment of the Account. In consideration of its right to receive Excess Spread in accordance with Section 6.02 of the Pooling and Servicing Agreement, the Spread Account Depositor hereby establishes and shall hereafter maintain with the Spread Account Custodian the Account as a separate trust account to include the money and other property deposited and held therein pursuant hereto. The Account shall be a segregated trust account maintained in New York and initially established with the Spread Account Custodian and maintained with the Spread Account Custodian in the Corporate Trust Department of the Spread Account Custodian. The Spread Account Custodian acknowledges the interest of the Trustee in the Account, as set forth herein and in Article VI of the Pooling and Servicing Agreement. The Spread Account Custodian further acknowledges and agrees that (i) any deposits to the Account shall be made solely by the Servicer or the Trustee in accordance with Section 6.02(a) of the Pooling and Servicing Agreement; (ii) any withdrawals from the Account shall be made by the Spread Account Custodian solely upon instructions therefor given by the Trustee as specifically set forth in Section 6.02(b) of the Pooling and Servicing Agreement; and (iii) the Seller, Seller and the Servicer and the Spread Account Depositor shall have no rights to receive any amounts in the Account other than as specifically set forth herein and in Section 6.02(b) of the Pooling and Servicing Agreement.

Establishment of the Account. In consideration of its right to receive Excess Spread in accordance with Section 6.02 of the Pooling and Servicing Agreement, the The Spread Account ---------------------------- Depositor hereby establishes and shall hereafter maintain with the Spread Account Custodian the Account as a separate trust account to include the money and other property deposited and held therein pursuant hereto. The Account shall be a segregated trust account maintained in New York and initially established with the Spread Account Custodian and maintained with the Spread Account Custodian in the Corporate Trust Department of the Spread Account Custodian. The Spread Account Custodian acknowledges the interest of the Trustee in the Account, as set forth herein and in Article VI of the Pooling and Servicing Agreement. The Spread Account Custodian further acknowledges and agrees that (i) any deposits to the Account shall be made solely by the Servicer or the Trustee in accordance with Section 6.02(a) of the Pooling and Servicing Agreement; (ii) any withdrawals from the Account shall be made by the Spread Account Custodian solely upon instructions therefor given by the Trustee as specifically set forth in Section 6.02(b) of the Pooling and Servicing Agreement; and (iii) the Seller, Seller and the Servicer and the Spread Account Depositor shall have no rights to receive any amounts in the Account other than as specifically set forth herein and in Section 6.02(b) of the Pooling and Servicing Agreement.