Common use of Limitation on Liability of the Trustee Clause in Contracts

Limitation on Liability of the Trustee. It is expressly understood and agreed by the parties hereto that, except with respect to Article 3, (i) this Agreement is executed and delivered by the Trustee not individually or personally but solely as trustee of the Trust, in the exercise of the powers and authority conferred and vested in it under the Pooling and Servicing Agreement, (ii) 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 the Trustee but is made and intended for the purpose of binding only the Trust, (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 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. TO WITNESS THIS, the Company and the Trust have caused their names to be signed to this Mortgage Loan Assignment Agreement by their duly authorized respective officers as of the day and year first above written. WAMU SERIES 2007-HE4 TRUST, by Citibank, N.A., except with respect to Article 3, not in its individual capacity, but solely as Trustee By: ______________________________________ Name: ________________________________ Title: _________________________________ [_________________________________] By: ______________________________________ Name: ________________________________ Title: _________________________________ STATE OF _______________ ) ) ss. COUNTY OF ____________ ) This instrument was acknowledged before me on ______________________, 200___, by _____________________ as _________________________ of Washington Mutual Bank. __________________________________________ Print Name: _______________________________ NOTARY PUBLIC in and for the State of ___________________, residing at _____________ My commission expires ______________________ STATE OF _______________ ) ) ss. COUNTY OF ____________ ) This instrument was acknowledged before me on ______________________, 200___, by _____________________ as _________________________ of Citibank, N.A., as Trustee for WaMu Series 2007-HE4 Trust and not in its individual capacity. __________________________________________ Print Name: _______________________________ NOTARY PUBLIC in and for the State of ___________________, residing at _____________ My commission expires ______________________ SCHEDULE I MORTGAGE LOAN SCHEDULE EXHIBIT F-1 FORM OF [TRUSTEE’S] [CUSTODIAN’S] INITIAL CERTIFICATION [Date] WaMu Asset Acceptance Corp. 0000 Xxxxxx Xxxxxx, XXX 1501 Xxxxxxx, XX 00000 Washington Mutual Bank 0000 Xxxxxx Xxxxxx, XXX 0000 Xxxxxxx, XX 00000 Citibank, N.A. 000 Xxxxxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Re: [Pooling and Servicing Agreement (the “Pooling and Servicing Agreement”), dated as of June 1, 2007 among WaMu Asset Acceptance Corp., Washington Mutual Bank, Citibank, N.A. and Christiana Bank & Trust Company, WaMu Asset-Backed Certificates, WaMu Series 2007-HE4 Trust][Custodial Agreement, dated as of June 13, 2007, between Citibank, N.A., as Trustee and Deutsche Bank National Trust Company,as Custodian] Ladies and Gentlemen: Pursuant to [Section 2.02 of the Pooling and Servicing Agreement][Section 2 of the Custodial Agreement], the undersigned, as [Trustee][Custodian], hereby acknowledges receipt of each Mortgage File and certifies that, as to each Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in the exception report annexed hereto as not being covered by this certification), (i) all documents constituting part of such Mortgage File (other than such documents described in Section 2.01(e) of the Pooling and Servicing Agreement) required to be delivered to it pursuant to the Pooling and Servicing Agreement are in its possession, (ii) such documents have been reviewed by it and are not mutilated, torn or defaced unless initialed by the related borrower and relate to such Mortgage Loan and (iii) based on its examination and only as to the foregoing, the information set forth in the Mortgage Loan Schedule that corresponds to items (i), (ii), (ix), (xii), (xiv) (to the extent of the Gross Margin, Maximum Mortgage Rate and the Minimum Mortgage Rate) and (xvi) of the definition of “Mortgage Loan Schedule” of the Pooling and Servicing Agreement accurately reflects information set forth in the Mortgage File. The [Trustee][Custodian] has made no independent examination of any documents contained in each Mortgage File beyond the review specifically required in the above-referenced Pooling and Servicing Agreement. The [Trustee][Custodian] makes no representations as to: (i) the validity, legality, sufficiency, enforceability due authorization, recordability or genuineness of any of the documents contained in the [Mortgage/Custodial] File of any of the Mortgage Loans identified on the Mortgage Loan Schedule, or (ii) the collectability, insurability, effectiveness, perfection or priority, including the authority or capacity of any Person to execute or issue any documents in the Custodial File or suitability of any such Mortgage Loan. Capitalized terms used herein without definition shall have the meaning given to them in the Pooling and Servicing Agreement. [CITIBANK, N.A., as Trustee] [Deutsche Bank National Trust Company, as Custodian] By: ______________________________________ Name: ________________________________ Title: _________________________________ EXHIBIT F-2 FORM OF [TRUSTEE’S] [CUSTODIAN’S] FINAL CERTIFICATION [Date] WaMu Asset Acceptance Corp. 0000 Xxxxxx Xxxxxx, XXX 1501 Xxxxxxx, XX 00000 Washington Mutual Bank 0000 Xxxxxx Xxxxxx, XXX 0000 Xxxxxxx, XX 00000 Citibank, N.A. 000 Xxxxxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Re: [Pooling and Servicing Agreement (the “Pooling and Servicing Agreement”), dated as of June 1, 2007 among WaMu Asset Acceptance Corp., Washington Mutual Bank, Citibank, N.A. and Christiana Bank & Trust Company, WaMu Asset-Backed Certificates, WaMu Series 2007-HE4 Trust][Custodial Agreement, dated as of June 13, 2007, between Citibank, N.A., as Trustee and Deutsche Bank National Trust Company, as Custodian] Ladies and Gentlemen: In accordance with [Section 2.02 of the Pooling and Servicing Agreement][Section 2 of the Custodial Agreement], the undersigned, as [Trustee][Custodian], hereby certifies that as to each Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or listed on the attachment hereto), it has received:

Limitation on Liability of the Trustee. It is expressly understood and agreed by the parties hereto that, except with respect to Article 3, (i) this Agreement is executed and delivered by the Trustee not individually or personally but solely as trustee of the Trust, in the exercise of the powers and authority conferred and vested in it under the Pooling and Servicing Agreement, (ii) 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 the Trustee but is made and intended for the purpose of binding only the Trust, (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 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. TO WITNESS THIS, the Company and the Trust have caused their names to be signed to this Mortgage Loan Assignment Agreement by their duly authorized respective officers as of the day and year first above written. WAMU SERIES 2007-HE4 HE2 TRUST, by Citibank, N.A., except with respect to Article 3, not in its individual capacity, but solely as Trustee By: ______________________________________ Name: ________________________________ Title: _________________________________ [_________________________________] By: ______________________________________ Name: ________________________________ Title: _________________________________ STATE OF _______________ ) ) ss. COUNTY OF ____________ ) This instrument was acknowledged before me on ______________________, 200___, by _____________________ as _________________________ of Washington Mutual Bank. __________________________________________ Print Name: _______________________________ NOTARY PUBLIC in and for the State of ___________________, residing at _____________ My commission expires ______________________ STATE OF _______________ ) ) ss. COUNTY OF ____________ ) This instrument was acknowledged before me on ______________________, 200___, by _____________________ as _________________________ of Citibank, N.A., as Trustee for WaMu Series 2007-HE4 HE2 Trust and not in its individual capacity. __________________________________________ Print Name: _______________________________ NOTARY PUBLIC in and for the State of ___________________, residing at _____________ My commission expires ______________________ SCHEDULE I MORTGAGE LOAN SCHEDULE EXHIBIT F-1 FORM OF [TRUSTEE’S] [CUSTODIAN’S] INITIAL CERTIFICATION [Date] WaMu Asset Acceptance Corp. 0000 1000 Xxxxxx Xxxxxx, XXX 1501 XxxxxxxSxxxxxx, XX 00000 Washington Mutual Bank 0000 1000 Xxxxxx Xxxxxx, XXX 0000 Xxxxxxx, XX 00000 Citibank, N.A. 000 300 Xxxxxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Re: [Pooling and Servicing Agreement (the “Pooling and Servicing Agreement”), dated as of June April 1, 2007 among WaMu Asset Acceptance Corp., Washington Mutual Bank, Citibank, N.A. and Christiana Bank & Trust Company, WaMu Asset-Backed Certificates, WaMu Series 2007-HE4 2007- HE2 Trust][Custodial Agreement, dated as of June 13April 10, 2007, between Citibank, N.A., as Trustee and Deutsche Bank National Trust Company,, as Custodian] Ladies and Gentlemen: Pursuant to [Section 2.02 of the Pooling and Servicing Agreement][Section 2 of the Custodial Agreement], the undersigned, as [Trustee][Custodian], hereby acknowledges receipt of each Mortgage File and certifies that, as to each Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in the exception report annexed hereto as not being covered by this certification), (i) all documents constituting part of such Mortgage File (other than such documents described in Section 2.01(e) of the Pooling and Servicing Agreement) required to be delivered to it pursuant to the Pooling and Servicing Agreement are in its possession, (ii) such documents have been reviewed by it and are not mutilated, torn or defaced unless initialed by the related borrower and relate to such Mortgage Loan and (iii) based on its examination and only as to the foregoing, the information set forth in the Mortgage Loan Schedule that corresponds to items (i), (ii), (ix), (xii), (xiv) (to the extent of the Gross Margin, Maximum Mortgage Periodic Rate Cap for the first Adjustment Date and the Minimum Mortgage Ratesubsequent Adjustment Dates) and (xvi) of the definition of “Mortgage Loan Schedule” of the Pooling and Servicing Agreement accurately reflects information set forth in the Mortgage File. The [Trustee][Custodian] has made no independent examination of any documents contained in each Mortgage File beyond the review specifically required in the above-referenced Pooling and Servicing Agreement. The [Trustee][Custodian] makes no representations as to: (i) the validity, legality, sufficiency, enforceability due authorization, recordability or genuineness of any of the documents contained in the [Mortgage/Custodial] Mortgage File of any of the Mortgage Loans identified on the Mortgage Loan Schedule, or (ii) the collectability, insurability, effectiveness, perfection or priority, including the authority or capacity of any Person to execute or issue any documents in the Custodial File effectiveness or suitability of any such Mortgage Loan. Capitalized terms used herein without definition shall have the meaning given to them in the Pooling and Servicing Agreement. [CITIBANK, N.A., as Trustee] [Deutsche Bank National Trust CompanyDEUTSCHE BANK NATIONAL TRUST COMPANY, as Custodian] By: ______________________________________ Name: ________________________________ Title: _________________________________ EXHIBIT F-2 FORM OF [TRUSTEE’S] [CUSTODIAN’S] FINAL CERTIFICATION [Date] WaMu Asset Acceptance Corp. 0000 1000 Xxxxxx Xxxxxx, XXX 1501 XxxxxxxSxxxxxx, XX 00000 Washington Mutual Bank 0000 1000 Xxxxxx Xxxxxx, XXX 0000 Xxxxxxx, XX 00000 Citibank, N.A. 000 300 Xxxxxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Re: [Pooling and Servicing Agreement (the “Pooling and Servicing Agreement”), dated as of June April 1, 2007 among WaMu Asset Acceptance Corp., Washington Mutual Bank, Citibank, N.A. and Christiana Bank & Trust Company, WaMu Asset-Backed Certificates, WaMu Series 2007-HE4 2007- HE2 Trust][Custodial Agreement, dated as of June 13April 10, 2007, between Citibank, N.A., as Trustee and Deutsche Bank National Trust Company, as Custodian] Ladies and Gentlemen: In accordance with [Section 2.02 of the Pooling and Servicing Agreement][Section 2 of the Custodial Agreement], the undersigned, as [Trustee][Custodian], hereby certifies that as to each Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or listed on the attachment hereto), it has received:

Limitation on Liability of the Trustee. It is expressly understood and agreed by the parties hereto that, except with respect to Article 3, (i) this Agreement is executed and delivered by the Trustee not individually or personally but solely as trustee of the Trust, in the exercise of the powers and authority conferred and vested in it under the Pooling and Servicing Agreement, (ii) 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 the Trustee but is made and intended for the purpose of binding only the Trust, (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 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. TO WITNESS THIS, the Company and the Trust have caused their names to be signed to this Mortgage Loan Assignment Agreement by their duly authorized respective officers as of the day and year first above written. WAMU SERIES 2007-HE4 HE2 TRUST, by Citibank, N.A., except with respect to Article 3, not in its individual capacity, but solely as Trustee By: ______________________________________ Name: ________________________________ Title: _________________________________ [_________________________________] By: ______________________________________ Name: ________________________________ Title: _________________________________ STATE OF _______________ ) ) ss. COUNTY OF ____________ ) This instrument was acknowledged before me on ______________________, 200___, by _____________________ as _________________________ of Washington Mutual Bank. __________________________________________ Print Name: _______________________________ NOTARY PUBLIC in and for the State of ___________________, residing at _____________ My commission expires ______________________ STATE OF _______________ ) ) ss. COUNTY OF ____________ ) This instrument was acknowledged before me on ______________________, 200___, by _____________________ as _________________________ of Citibank, N.A., as Trustee for WaMu Series 2007-HE4 HE2 Trust and not in its individual capacity. __________________________________________ Print Name: _______________________________ NOTARY PUBLIC in and for the State of ___________________, residing at _____________ My commission expires ______________________ SCHEDULE I MORTGAGE LOAN SCHEDULE EXHIBIT F-1 FORM OF [TRUSTEE’S] [CUSTODIAN’S] INITIAL CERTIFICATION [Date] WaMu Asset Acceptance Corp. 0000 Xxxxxx Xxxxxx, XXX 1501 Xxxxxxx, XX 00000 Washington Mutual Bank 0000 Xxxxxx Xxxxxx, XXX 0000 Xxxxxxx, XX 00000 Citibank, N.A. 000 Xxxxxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Re: [Pooling and Servicing Agreement (the “Pooling and Servicing Agreement”), dated as of June April 1, 2007 among WaMu Asset Acceptance Corp., Washington Mutual Bank, Citibank, N.A. and Christiana Bank & Trust Company, WaMu Asset-Backed Certificates, WaMu Series 2007-HE4 2007- HE2 Trust][Custodial Agreement, dated as of June 13April 10, 2007, between Citibank, N.A., as Trustee and Deutsche Bank National Trust Company,, as Custodian] Ladies and Gentlemen: Pursuant to [Section 2.02 of the Pooling and Servicing Agreement][Section 2 of the Custodial Agreement], the undersigned, as [Trustee][Custodian], hereby acknowledges receipt of each Mortgage File and certifies that, as to each Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in the exception report annexed hereto as not being covered by this certification), (i) all documents constituting part of such Mortgage File (other than such documents described in Section 2.01(e) of the Pooling and Servicing Agreement) required to be delivered to it pursuant to the Pooling and Servicing Agreement are in its possession, (ii) such documents have been reviewed by it and are not mutilated, torn or defaced unless initialed by the related borrower and relate to such Mortgage Loan and (iii) based on its examination and only as to the foregoing, the information set forth in the Mortgage Loan Schedule that corresponds to items (i), (ii), (ix), (xii), (xiv) (to the extent of the Gross Margin, Maximum Mortgage Periodic Rate Cap for the first Adjustment Date and the Minimum Mortgage Ratesubsequent Adjustment Dates) and (xvi) of the definition of “Mortgage Loan Schedule” of the Pooling and Servicing Agreement accurately reflects information set forth in the Mortgage File. The [Trustee][Custodian] has made no independent examination of any documents contained in each Mortgage File beyond the review specifically required in the above-referenced Pooling and Servicing Agreement. The [Trustee][Custodian] makes no representations as to: (i) the validity, legality, sufficiency, enforceability due authorization, recordability or genuineness of any of the documents contained in the [Mortgage/Custodial] Mortgage File of any of the Mortgage Loans identified on the Mortgage Loan Schedule, or (ii) the collectability, insurability, effectiveness, perfection or priority, including the authority or capacity of any Person to execute or issue any documents in the Custodial File effectiveness or suitability of any such Mortgage Loan. Capitalized terms used herein without definition shall have the meaning given to them in the Pooling and Servicing Agreement. [CITIBANK, N.A., as Trustee] [Deutsche Bank National Trust CompanyDEUTSCHE BANK NATIONAL TRUST COMPANY, as Custodian] By: ______________________________________ Name: ________________________________ Title: _________________________________ EXHIBIT F-2 FORM OF [TRUSTEE’S] [CUSTODIAN’S] FINAL CERTIFICATION [Date] WaMu Asset Acceptance Corp. 0000 Xxxxxx Xxxxxx, XXX 1501 Xxxxxxx, XX 00000 Washington Mutual Bank 0000 Xxxxxx Xxxxxx, XXX 0000 Xxxxxxx, XX 00000 Citibank, N.A. 000 Xxxxxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Re: [Pooling and Servicing Agreement (the “Pooling and Servicing Agreement”), dated as of June April 1, 2007 among WaMu Asset Acceptance Corp., Washington Mutual Bank, Citibank, N.A. and Christiana Bank & Trust Company, WaMu Asset-Backed Certificates, WaMu Series 2007-HE4 2007- HE2 Trust][Custodial Agreement, dated as of June 13April 10, 2007, between Citibank, N.A., as Trustee and Deutsche Bank National Trust Company, as Custodian] Ladies and Gentlemen: In accordance with [Section 2.02 of the Pooling and Servicing Agreement][Section 2 of the Custodial Agreement], the undersigned, as [Trustee][Custodian], hereby certifies that as to each Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or listed on the attachment hereto), it has received:

Limitation on Liability of the Trustee. It is expressly understood and agreed by the parties hereto that, except with respect to Article 3, (i) this Agreement is executed and delivered by the Trustee not individually or personally but solely as trustee of the Trust, in the exercise of the powers and authority conferred and vested in it under the Pooling and Servicing Agreement, (ii) 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 the Trustee but is made and intended for the purpose of binding only the Trust, (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 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. TO WITNESS THIS, the Company and the Trust have caused their names to be signed to this Mortgage Loan Assignment Agreement by their duly authorized respective officers as of the day and year first above written. WAMU SERIES 2007-HE4 HE1 TRUST, by Citibank, N.A.Deutsche Bank National Trust Company, except with respect to Article 3, not in its individual capacity, but solely as Trustee By: ______________________________________ Name: ________________________________ Title: _________________________________ [_________________________________] By: ______________________________________ Name: ________________________________ Title: _________________________________ STATE OF _______________ ) ) ss. COUNTY OF ____________ ) This instrument was acknowledged before me on ______________________, 200___, by _____________________ as _________________________ of Washington Mutual Bank. __________________________________________ Print Name: _______________________________ NOTARY PUBLIC in and for the State of ___________________, residing at _____________ My commission expires ______________________ STATE OF _______________ ) ) ss. COUNTY OF ____________ ) This instrument was acknowledged before me on ______________________, 200___, by _____________________ as _________________________ of Citibank, N.A.Deutsche Bank National Trust Company, as Trustee for WaMu Series 2007-HE4 HE1 Trust and not in its individual capacity. __________________________________________ Print Name: _______________________________ NOTARY PUBLIC in and for the State of ___________________, residing at _____________ My commission expires ______________________ SCHEDULE I MORTGAGE LOAN SCHEDULE EXHIBIT F-1 FORM OF [TRUSTEE’S] [CUSTODIAN’S] ’S INITIAL CERTIFICATION [Date] WaMu Asset Acceptance Corp. 0000 Xxxxxx Xxxxxx, XXX 1501 Xxxxxxx, XX 00000 Washington Mutual Bank 0000 Xxxxxx Xxxxxx, XXX 0000 1505 Xxxxxxx, XX 00000 Citibank, N.A. 000 Xxxxxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Re: [Pooling and Servicing Agreement (the “Pooling and Servicing Agreement”), dated as of June January 1, 2007 among WaMu Asset Acceptance Corp., Washington Mutual Bank, Citibank, N.A. Deutsche Bank National Trust Company and Christiana Deutsche Bank & Trust CompanyCompany Delaware, WaMu Asset-Backed Certificates, WaMu Series 2007-HE4 Trust][Custodial Agreement, dated as of June 13, 2007, between Citibank, N.A., as Trustee and Deutsche Bank National HE1 Trust Company,as Custodian] Ladies and Gentlemen: Pursuant to [Section 2.02 of the Pooling and Servicing Agreement][Section 2 of the Custodial Agreement], the undersigned, as [Trustee][Custodian]Trustee, hereby acknowledges receipt of each Mortgage File and certifies that, as to each Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in the exception report annexed hereto as not being covered by this certification), (i) all documents constituting part of such Mortgage File (other than such documents described in Section 2.01(e) of the Pooling and Servicing Agreement) required to be delivered to it pursuant to the Pooling and Servicing Agreement are in its possession, (ii) such documents have been reviewed by it and are not mutilated, torn or defaced unless initialed by the related borrower and relate to such Mortgage Loan and (iii) based on its examination and only as to the foregoing, the information set forth in the Mortgage Loan Schedule that corresponds to items (i), (ii), (ix), (xii), (xiv) (to the extent of the Gross Margin, Maximum Mortgage Periodic Rate Cap for the first Adjustment Date and the Minimum Mortgage Ratesubsequent Adjustment Dates) and (xvi) of the definition of “Mortgage Loan Schedule” of the Pooling and Servicing Agreement accurately reflects information set forth in the Mortgage File. The [Trustee][Custodian] Trustee has made no independent examination of any documents contained in each Mortgage File beyond the review specifically required in the above-referenced Pooling and Servicing Agreement. The [Trustee][Custodian] Trustee makes no representations as to: (i) the validity, legality, sufficiency, enforceability due authorization, recordability or genuineness of any of the documents contained in the [Mortgage/Custodial] Mortgage File of any of the Mortgage Loans identified on the Mortgage Loan Schedule, or (ii) the collectability, insurability, effectiveness, perfection or priority, including the authority or capacity of any Person to execute or issue any documents in the Custodial File effectiveness or suitability of any such Mortgage Loan. Capitalized terms used herein without definition shall have the meaning given to them in the Pooling and Servicing Agreement. [CITIBANK, N.A.DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee] [Deutsche Bank National Trust Company, as Custodian] Trustee By: ______________________________________ Name: ________________________________ Title: _________________________________ EXHIBIT F-2 FORM OF [TRUSTEE’S] [CUSTODIAN’S] ’S FINAL CERTIFICATION [Date] WaMu Asset Acceptance Corp. 0000 Xxxxxx Xxxxxx, XXX 1501 Xxxxxxx, XX 00000 Washington Mutual Bank 0000 Xxxxxx Xxxxxx, XXX 0000 1505 Xxxxxxx, XX 00000 Citibank, N.A. 000 Xxxxxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Re: [Pooling and Servicing Agreement (the “Pooling and Servicing Agreement”), dated as of June January 1, 2007 among WaMu Asset Acceptance Corp., Washington Mutual Bank, Citibank, N.A. Deutsche Bank National Trust Company and Christiana Deutsche Bank & Trust CompanyCompany Delaware, WaMu Asset-Backed Certificates, WaMu Series 2007-HE4 Trust][Custodial Agreement, dated as of June 13, 2007, between Citibank, N.A., as Trustee and Deutsche Bank National HE1 Trust Company, as Custodian] Ladies and Gentlemen: In accordance with [Section 2.02 of the above-captioned Pooling and Servicing Agreement][Section 2 of the Custodial Agreement], the undersigned, as [Trustee][Custodian]Trustee, hereby certifies that as to each Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or listed on the attachment hereto), it or a Custodian on its behalf has received:

Limitation on Liability of the Trustee. It is expressly understood and agreed by the parties hereto that, except with respect to Article 3, (i) this Agreement is executed and delivered by the Trustee not individually or personally but solely as trustee of the Trust, in the exercise of the powers and authority conferred and vested in it under the Pooling and Servicing Agreement, (ii) 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 the Trustee but is made and intended for the purpose of binding only the Trust, (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 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. TO WITNESS THIS, the Company and the Trust have caused their names to be signed to this Mortgage Loan Assignment Agreement by their duly authorized respective officers as of the day and year first above written. WAMU SERIES 2007-HE4 HE3 TRUST, by Citibank, N.A., except with respect to Article 3, not in its individual capacity, but solely as Trustee By: ______________________________________ Name: ________________________________ Title: _________________________________ [_________________________________] By: ______________________________________ Name: ________________________________ Title: _________________________________ STATE OF _______________ ) ) ss. COUNTY OF ____________ ) This instrument was acknowledged before me on ______________________, 200___, by _____________________ as _________________________ of Washington Mutual Bank. __________________________________________ Print Name: _______________________________ NOTARY PUBLIC in and for the State of ___________________, residing at _____________ My commission expires ______________________ STATE OF _______________ ) ) ss. COUNTY OF ____________ ) This instrument was acknowledged before me on ______________________, 200___, by _____________________ as _________________________ of Citibank, N.A., as Trustee for WaMu Series 2007-HE4 HE3 Trust and not in its individual capacity. __________________________________________ Print Name: _______________________________ NOTARY PUBLIC in and for the State of ___________________, residing at _____________ My commission expires ______________________ SCHEDULE I MORTGAGE LOAN SCHEDULE EXHIBIT F-1 FORM OF [TRUSTEE’S] [CUSTODIAN’S] INITIAL CERTIFICATION [Date] WaMu Asset Acceptance Corp. 0000 Xxxxxx Xxxxxx, XXX 1501 Xxxxxxx, XX 00000 Washington Mutual Bank 0000 Xxxxxx Xxxxxx, XXX 0000 Xxxxxxx, XX 00000 Citibank, N.A. 000 Xxxxxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Re: [Pooling and Servicing Agreement (the “Pooling and Servicing Agreement”), dated as of June May 1, 2007 among WaMu Asset Acceptance Corp., Washington Mutual Bank, Citibank, N.A. and Christiana Bank & Trust Company, WaMu Asset-Backed Certificates, WaMu Series 2007-HE4 HE3 Trust][Custodial Agreement, dated as of June 13May 10, 2007, between Citibank, N.A., as Trustee and Deutsche Bank National Trust Company,as Custodian] Ladies and Gentlemen: Pursuant to [Section 2.02 of the Pooling and Servicing Agreement][Section 2 of the Custodial Agreement], the undersigned, as [Trustee][Custodian], hereby acknowledges receipt of each Mortgage File and certifies that, as to each Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or any Mortgage Loan specifically identified in the exception report annexed hereto as not being covered by this certification), (i) all documents constituting part of such Mortgage File (other than such documents described in Section 2.01(e) of the Pooling and Servicing Agreement) required to be delivered to it pursuant to the Pooling and Servicing Agreement are in its possession, (ii) such documents have been reviewed by it and are not mutilated, torn or defaced unless initialed by the related borrower and relate to such Mortgage Loan and (iii) based on its examination and only as to the foregoing, the information set forth in the Mortgage Loan Schedule that corresponds to items (i), (ii), (ix), (xii), (xiv) (to the extent of the Gross Margin, Maximum Mortgage Rate and the Minimum Mortgage Rate) and (xvi) of the definition of “Mortgage Loan Schedule” of the Pooling and Servicing Agreement accurately reflects information set forth in the Mortgage File. The [Trustee][Custodian] has made no independent examination of any documents contained in each Mortgage File beyond the review specifically required in the above-referenced Pooling and Servicing Agreement. The [Trustee][Custodian] makes no representations as to: (i) the validity, legality, sufficiency, enforceability due authorization, recordability or genuineness of any of the documents contained in the [Mortgage/Custodial] File of any of the Mortgage Loans identified on the Mortgage Loan Schedule, or (ii) the collectability, insurability, effectiveness, perfection or priority, including the authority or capacity of any Person to execute or issue any documents in the Custodial File or suitability of any such Mortgage Loan. Capitalized terms used herein without definition shall have the meaning given to them in the Pooling and Servicing Agreement. [CITIBANK, N.A., as Trustee] [Deutsche Bank National Trust Company, as Custodian] By: ______________________________________ Name: ________________________________ Title: _________________________________ EXHIBIT F-2 FORM OF [TRUSTEE’S] [CUSTODIAN’S] FINAL CERTIFICATION [Date] WaMu Asset Acceptance Corp. 0000 Xxxxxx Xxxxxx, XXX 1501 Xxxxxxx, XX 00000 Washington Mutual Bank 0000 Xxxxxx Xxxxxx, XXX 0000 Xxxxxxx, XX 00000 Citibank, N.A. 000 Xxxxxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 Re: [Pooling and Servicing Agreement (the “Pooling and Servicing Agreement”), dated as of June May 1, 2007 among WaMu Asset Acceptance Corp., Washington Mutual Bank, Citibank, N.A. and Christiana Bank & Trust Company, WaMu Asset-Backed Certificates, WaMu Series 2007-HE4 HE3 Trust][Custodial Agreement, dated as of June 13May 10, 2007, between Citibank, N.A., as Trustee and Deutsche Bank National Trust Company, as Custodian] Ladies and Gentlemen: In accordance with [Section 2.02 of the Pooling and Servicing Agreement][Section 2 of the Custodial Agreement], the undersigned, as [Trustee][Custodian], hereby certifies that as to each Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage Loan paid in full or listed on the attachment hereto), it has received: