Common use of Owner Trustee Clause in Contracts

Owner Trustee. It is expressly understood and agreed by the parties hereto that (a) this Pool Supplement is executed and delivered by (the “Owner Trustee”) not individually or personally, but solely as owner trustee of the Purchaser Trust under the Trust Agreement dated as of , with , in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the Purchaser Trust are made and intended not as personal representations, undertakings and agreements by the Owner Trustee, but are made and intended for the purpose for binding only the Purchaser Trust, (c) nothing herein contained shall be construed as creating any personal or individual liability on the Owner Trustee, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereby and by any person claiming by, through, or under the parties hereto, and (d) under no circumstances shall the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Purchaser Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Purchaser Trust under this Supplement or any other documents related to the Bank of America DTC Notes.

Owner Trustee. It is expressly understood and agreed by the The parties hereto are put on notice and hereby acknowledge and agree that (a) this Pool Supplement Amendment is executed and delivered by (the “Owner Trustee”) Wilmington Savings Fund Society, FSB not individually or personally, personally but solely as owner trustee of the Purchaser Trust under the Trust Agreement dated as of , with a trustee, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, covenants, undertakings and agreements herein made on the part of the Purchaser Trust are Buyer is made and intended not as a personal representationsrepresentation, undertakings undertaking and agreements agreement by the Owner TrusteeWilmington Savings Fund Society, FSB, but are is made and intended for the purpose for of binding only the Purchaser TrustBuyer, in its capacity as such, (c) nothing herein contained shall be construed as creating any personal or individual liability on the Owner TrusteeWilmington Savings Fund Society, FSB, individually or personally, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereby and by any person claiming by, through, through or under the parties hereto, (d) Wilmington Savings Fund Society, FSB has made no investigation as to the accuracy or completeness of any representations and warranties made by the Buyer or any other party in this Amendment and (de) under no circumstances shall the Owner Trustee Wilmington Savings Fund Society, FSB be personally liable for the payment of any indebtedness or expenses of the Purchaser Trust Buyer or be liable for the breach or failure of any obligation, duty (including fiduciary duty, if any), representation, warranty or covenant made or undertaken by the Purchaser Trust Buyer under this Supplement Amendment or any other documents related to the Bank of America DTC Notesdocuments.

Owner Trustee. It is expressly understood and agreed by the parties hereto that (a) this Pool Supplement Agreement is executed and delivered by (the “Owner Trustee”) Wilmington Trust, N.A. not individually or personally, personally but solely as owner trustee Owner Trustee of the Purchaser Trust under the Trust Agreement dated as of , with Issuer, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made or on the part of the Purchaser Trust are Issuer is made and intended not as personal representations, undertakings and agreements by the Owner TrusteeWilmington Trust, N.A., but are is made and intended for the purpose for of binding only the Purchaser TrustIssuer, (c) nothing herein contained shall be construed as creating any personal or individual liability on the Owner TrusteeWilmington Trust, 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 hereby hereto and by any person Person claiming by, through, through or under the parties hereto, and (d) under no circumstances shall the Owner Trustee Wilmington Trust, N.A. be personally liable for the payment of any indebtedness or expenses of the Purchaser Trust Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Purchaser Trust Issuer under this Supplement Agreement or any other documents related to document. Notwithstanding the Bank foregoing, Wilmington Trust, N.A. shall not be relieved of America DTC Notesany of its duties and obligations under the Administration Agreement or the Trust Agreement.

Owner Trustee. It is expressly understood and agreed by the parties hereto that (a) this Pool Supplement is executed and delivered by (the “"Owner Trustee”") not individually or personally, but solely as owner trustee of the Purchaser Trust under the Trust Agreement dated as of , with , in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the Purchaser Trust are made and intended not as personal representations, undertakings and agreements by the Owner Trustee, but are made and intended for the purpose for binding only the Purchaser Trust, (c) nothing herein contained shall be construed as creating any personal or individual liability on the Owner Trustee, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereby and by any person claiming by, through, or under the parties hereto, and (d) under no circumstances shall the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Purchaser Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Purchaser Trust under this Supplement or any other documents related to the Bank of America DTC EDUCATION ONE Notes.

Owner Trustee. It is expressly understood and agreed by the parties hereto that (a) this Pool Supplement Fourth Supplemental Indenture is executed and delivered by (the “Owner Trustee”) Wilmington Trust Company, not individually or personally, but solely as owner trustee of the Purchaser Trust under the Trust Agreement dated as of , with Owner Trustee, in the exercise of the powers and authority conferred and vested in it, pursuant to the 2000-1 Trust Agreement and the 2000-2 Trust Agreement, (b) each of the representations, undertakings and agreements herein made on the part of the Purchaser Trust are Trusts is made and intended not as personal representations, undertakings and agreements by the Owner Trustee, Wilmington Trust Company but are is made and intended for the purpose for binding only the Purchaser TrustTrusts, (c) nothing herein contained shall be construed as creating any personal or individual liability on the Owner TrusteeWilmington 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 hereby hereto and by any person claiming by, through, through or under the parties hereto, and (d) under no circumstances shall the Owner Trustee Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Purchaser Trust Trusts or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Purchaser Trust Trusts under this Supplement Fourth Supplemental Indenture or any other documents related to the Bank of America DTC Notesdocuments.

Owner Trustee. It is expressly understood and agreed by the parties hereto that (a) this Pool Supplement Amendment is executed and delivered by (the “Owner Trustee”) Wilmington Trust, N.A. not individually or personally, personally but solely as owner trustee Owner Trustee of the Purchaser Trust under the Trust Agreement dated as of , with Issuer, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made or on the part of the Purchaser Trust are Issuer is made and intended not as personal representations, undertakings and agreements by the Owner TrusteeWilmington Trust, N.A., but are is made and intended for the purpose for of binding only the Purchaser TrustIssuer, (c) nothing herein contained shall be construed as creating any personal or individual liability on the Owner TrusteeWilmington Trust, 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 hereby hereto and by any person Person claiming by, through, through or under the parties hereto, and (d) under no circumstances shall the Owner Trustee Wilmington Trust, N.A. be personally liable for the payment of any indebtedness or expenses of the Purchaser Trust Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Purchaser Trust Issuer under this Supplement Amendment or any other documents related to document. Notwithstanding the Bank foregoing, Wilmington Trust, N.A. shall not be relieved of America DTC Notesany of its duties and obligations under the Administration Agreement or the Trust Agreement.

Owner Trustee. It is expressly understood and agreed by the parties hereto that (a) this Pool Supplement is executed and delivered by _________________________________ (the “Owner Trustee”) not individually or personally, but solely as owner trustee of the Purchaser Trust under the Trust Agreement dated as of ____________________, with ______________________________, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the Purchaser Trust are made and intended not as personal representations, undertakings and agreements by the Owner Trustee, but are made and intended for the purpose for binding only the Purchaser Trust, (c) nothing herein contained shall be construed as creating any personal or individual liability on the Owner Trustee, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereby and by any person claiming by, through, or under the parties hereto, and (d) under no circumstances shall the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Purchaser Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Purchaser Trust under this Supplement or any other documents related to the Bank of America DTC NextStudent Notes.

Owner Trustee. It is expressly understood and agreed by the parties hereto that (a) this Pool Supplement is executed and delivered by ________________________________ (the “Owner Trustee”) not individually or personally, but solely as owner trustee of the Purchaser Trust under the Trust Agreement dated as of _________________________, with _______________________________, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the Purchaser Trust are made and intended not as personal representations, undertakings and agreements by the Owner Trustee, but are made and intended for the purpose for binding only the Purchaser Trust, (c) nothing herein contained shall be construed as creating any personal or individual liability on the Owner Trustee, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereby and by any person claiming by, through, or under the parties hereto, and (d) under no circumstances shall the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Purchaser Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Purchaser Trust under this Supplement or any other documents related to the Bank of America DTC CFS Notes.

Owner Trustee. It is expressly understood and agreed by the parties hereto that (a) this Pool Supplement First Supplemental Indenture is executed and delivered by (the “Owner Trustee”) Wilmington Trust Company, not individually or personally, but solely as owner trustee of the Purchaser Trust under the Trust Agreement dated as of , with Owner Trustee, in the exercise of the powers and authority conferred and vested in it, pursuant to the 2000-1 Trust Agreement and the 2000-2 Trust Agreement, (b) each of the representations, undertakings and agreements herein made on the part of the Purchaser Trust are Trusts is made and intended not as personal representations, undertakings and agreements by the Owner Trustee, Wilmington Trust Company but are is made and intended for the purpose for binding only the Purchaser TrustTrusts, (c) nothing herein contained shall be construed as creating any personal or individual liability on the Owner TrusteeWilmington 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 hereby hereto and by any person claiming by, through, through or under the parties hereto, and (d) under no circumstances shall the Owner Trustee Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Purchaser Trust Trusts or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Purchaser Trust Trusts under this Supplement First Supplemental Indenture or any other documents related to the Bank of America DTC Notesdocuments.

Owner Trustee. It is expressly understood and agreed by the parties hereto that (a) this Pool Supplement Second Supplemental Indenture is executed and delivered by (the “Owner Trustee”) Wilmington Trust Company, not individually or personally, but solely as owner trustee of the Purchaser Trust under the Trust Agreement dated as of , with Owner Trustee, in the exercise of the powers and authority conferred and vested in it, pursuant to the 2000-1 Trust Agreement and the 2000-2 Trust Agreement, (b) each of the representations, undertakings and agreements herein made on the part of the Purchaser Trust are Trusts is made and intended not as personal representations, undertakings and agreements by the Owner Trustee, Wilmington Trust Company but are is made and intended for the purpose for binding only the Purchaser TrustTrusts, (c) nothing herein contained shall be construed as creating any personal or individual liability on the Owner TrusteeWilmington 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 hereby hereto and by any person claiming by, through, through or under the parties hereto, and (d) under no circumstances shall the Owner Trustee Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Purchaser Trust Trusts or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Purchaser Trust Trusts under this Supplement Second Supplemental Indenture or any other documents related to the Bank of America DTC Notesdocuments.

Owner Trustee. It is expressly understood and agreed by the parties hereto that (a) this Pool Supplement is executed and delivered by ___________________________ (the “"Owner Trustee”") not individually or personally, but solely as owner trustee of the Purchaser Trust under the Trust Agreement dated as of ____________________, with _____________________, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the Purchaser Trust are made and intended not as personal representations, undertakings and agreements by the Owner Trustee, but are made and intended for the purpose for binding only the Purchaser Trust, (c) nothing herein contained shall be construed as creating any personal or individual liability on the Owner Trustee, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereby and by any person claiming by, through, or under the parties hereto, and (d) under no circumstances shall the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Purchaser Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Purchaser Trust under this Supplement or any other documents related to the Bank of America DTC EDUCATION ONE Notes.

Owner Trustee. It is expressly understood and agreed by the parties hereto that (a) this Pool Supplement is executed and delivered by (the “Owner Trustee”) not individually or personally, but solely as owner trustee of the Purchaser Trust under the Trust Agreement dated as of , with , in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the Purchaser Trust are made and intended not as personal representations, undertakings and agreements by the Owner Trustee, but are made and intended for the purpose for binding only the Purchaser Trust, (c) nothing herein contained shall be construed as creating any personal or individual liability on the Owner Trustee, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereby and by any person claiming by, through, or under the parties hereto, and (d) under no circumstances shall the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Purchaser Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Purchaser Trust under this Supplement or any other documents related to the Bank of America DTC UFSB Astrive Notes.

Owner Trustee. It is expressly understood and agreed by the parties hereto that (a) this Pool Supplement is executed and delivered by _________________________________ (the “"Owner Trustee”") not individually or personally, but solely as owner trustee of the Purchaser Trust under the Trust Agreement dated as of ___________________, with ____________________________, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the Purchaser Trust are made and intended not as personal representations, undertakings and agreements by the Owner Trustee, but are made and intended for the purpose for binding only the Purchaser Trust, (c) nothing herein contained shall be construed as creating any personal or individual liability on the Owner Trustee, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereby and by any person claiming by, through, or under the parties hereto, and (d) under no circumstances shall the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Purchaser Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Purchaser Trust under this Supplement or any other documents related to the Bank of America DTC Notes.

Owner Trustee. It is expressly understood and agreed by the parties hereto that (a) this Pool Supplement is executed and delivered by (the “Owner Trustee”) not individually or personally, but solely as owner trustee of the Purchaser Trust under the Trust Agreement dated as of , with , in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the Purchaser Trust are made and intended not as personal representations, undertakings and agreements by the Owner Trustee, but are made and intended for the purpose for binding only the Purchaser Trust, (c) nothing herein contained shall be construed as creating any personal or individual liability on the Owner Trustee, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereby and by any person claiming by, through, or under the parties hereto, and (d) under no circumstances shall the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Purchaser Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Purchaser Trust under this Supplement or any other documents related to the Bank of America DTC EDUCATION ONE Notes.

Owner Trustee. It is expressly understood and agreed by the parties hereto that (a) this Pool Supplement is executed and delivered by (the “"Owner Trustee”") not individually or personally, but solely as owner trustee of the Purchaser Trust under the Trust Agreement dated as of , with , in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the Purchaser Trust are made and intended not as personal representations, undertakings and agreements by the Owner Trustee, but are made and intended for the purpose for binding only the Purchaser Trust, (c) nothing herein contained shall be construed as creating any personal or individual liability on the Owner Trustee, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereby and by any person claiming by, through, or under the parties hereto, and (d) under no circumstances shall the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Purchaser Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Purchaser Trust under this Supplement or any other documents related to the GMAC Bank of America DTC Notes.

Owner Trustee. It is expressly understood and agreed by the parties hereto that (a) this Pool Supplement is executed and delivered by _____________________________ (the “"Owner Trustee”") not individually or personally, but solely as owner trustee of the Purchaser Trust under the Trust Agreement dated as of _____________________________________, with __________________________, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the Purchaser Trust are made and intended not as personal representations, undertakings and agreements by the Owner Trustee, but are made and intended for the purpose for binding only the Purchaser Trust, (c) nothing herein contained shall be construed as creating any personal or individual liability on the Owner Trustee, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereby and by any person claiming by, through, or under the parties hereto, and (d) under no circumstances shall the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Purchaser Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Purchaser Trust under this Supplement or any other documents related to the Bank of America DTC Direct to Consumer Notes.

Owner Trustee. It is expressly understood and agreed by the parties hereto that (a) this Pool Supplement is executed and delivered by (the “Owner Trustee”) not individually or personally, but solely as owner trustee of the Purchaser Trust under the Trust Agreement dated as of , with , in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the Purchaser Trust are made and intended not as personal representations, undertakings and agreements by the Owner Trustee, but are made and intended for the purpose for binding only the Purchaser Trust, (c) nothing herein contained shall be construed as creating any personal or individual liability on the Owner Trustee, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereby and by any person claiming by, through, or under the parties hereto, and (d) under no circumstances shall the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Purchaser Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Purchaser Trust under this Supplement or any other documents related to the Bank of America DTC Start Education Notes.

Owner Trustee. It is expressly understood and agreed by the parties hereto that (a) this Pool Supplement is executed and delivered by (the “"Owner Trustee”") not individually or personally, but solely as owner trustee of the Purchaser Trust under the Trust Agreement dated as of , with , in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the Purchaser Trust are made and intended not as personal representations, undertakings and agreements by the Owner Trustee, but are made and intended for the purpose for binding only the Purchaser Trust, (c) nothing herein contained shall be construed as creating any personal or individual liability on the Owner Trustee, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereby and by any person claiming by, through, or under the parties hereto, and (d) under no circumstances shall the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Purchaser Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Purchaser Trust under this Supplement or any other documents related to the Bank of America DTC Notes.

Owner Trustee. It is expressly understood and agreed by the parties hereto that (a) this Pool Supplement is executed and delivered by _________________________ (the “"Owner Trustee”") not individually or personally, but solely as owner trustee of the Purchaser Trust under the Trust Agreement dated as of _____________________, with ___________________, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the Purchaser Trust are made and intended not as personal representations, undertakings and agreements by the Owner Trustee, but are made and intended for the purpose for binding only the Purchaser Trust, (c) nothing herein contained shall be construed as creating any personal or individual liability on the Owner Trustee, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereby and by any person claiming by, through, or under the parties hereto, and (d) under no circumstances shall the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Purchaser Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Purchaser Trust under this Supplement or any other documents related to the Bank of America DTC CFS Notes.

Owner Trustee. It is expressly understood and agreed by the parties hereto that (a) this Pool Supplement document is executed and delivered by (the “Owner Trustee”) Wilmington Trust Company, not individually or personally, but solely as owner trustee of the Purchaser Trust under the Trust Agreement dated as of Owner Trustee, with , pursuant to instruction and in the exercise of the powers and authority conferred and vested in it, pursuant to the FNANB Trust Agreement, (b) each of the representations, undertakings and agreements herein made on the part of the Purchaser Trust are Issuer is made and intended not as personal representations, undertakings and agreements by the Owner Trustee, Wilmington Trust Company but are is made and intended for the purpose for binding only the Purchaser TrustIssuer, (c) nothing herein contained shall be construed as creating any personal or individual liability on the Owner TrusteeWilmington 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 hereby hereto and by any an person claiming claming by, through, through or under the parties hereto, and (d) under no circumstances shall the Owner Trustee Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Purchaser Trust Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Purchaser Trust Issuer under this Supplement Trust Agreement or any other documents related to the Bank of America DTC Notesdocuments.

Owner Trustee. It is expressly understood and agreed by the parties hereto that (a) this Pool Supplement Fifth Supplemental Indenture is executed and delivered by (the “Owner Trustee”) Wilmington Trust Company, not individually or personally, but solely as owner trustee of the Purchaser Trust under the Trust Agreement dated as of , with Owner Trustee, in the exercise of the powers and authority conferred and vested in it, pursuant to the 2000-1 Trust Agreement and the 2000-2 Trust Agreement, (b) each of the representations, undertakings and agreements herein made on the part of the Purchaser Trust are Trusts is made and intended not as personal representations, undertakings and agreements by the Owner Trustee, Wilmington Trust Company but are is made and intended for the purpose for binding only the Purchaser TrustTrusts, (c) nothing herein contained shall be construed as creating any personal or individual liability on the Owner TrusteeWilmington 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 hereby hereto and by any person claiming by, through, through or under the parties hereto, and (d) under no circumstances shall the Owner Trustee Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Purchaser Trust Trusts or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Purchaser Trust Trusts under this Supplement Fifth Supplemental Indenture or any other documents related to the Bank of America DTC Notesdocuments.

Owner Trustee. It is expressly understood and agreed by the parties hereto that (a) this Pool Supplement Amendment is executed and delivered by (the “Owner Trustee”) Wilmington Trust, N.A. not individually or personally, personally but solely as owner trustee Owner Trustee of the Purchaser Trust under the Trust Agreement dated as of , with Issuer, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made or on the part of the Purchaser Trust are Issuer is made and intended not as personal representations, undertakings and agreements by the Owner TrusteeWilmington Trust, N.A., but are is made and intended for the purpose for of binding only the Purchaser TrustIssuer, (c) nothing herein contained shall be construed as creating any personal or individual liability on the Owner TrusteeWilmington Trust, 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 hereby hereto and by any person Person claiming by, through, through or under the parties hereto, and (d) under no circumstances shall the Owner Trustee Wilmington Trust, N.A. be personally liable for the payment of any indebtedness or expenses of the Purchaser Trust Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Purchaser Trust Issuer under this Supplement Amendment or any other documents related to document. Notwithstanding the Bank foregoing, Wilmington Trust, N.A. shall not be relieved of America DTC Notes.any of its duties and obligations under the Administration Agreement or the Trust Agreement. [Signature Page Follows]

Owner Trustee. It is expressly understood and agreed by the parties hereto that (a) this Pool Supplement Agreement is executed and delivered by (the “Owner Trustee”) Wilmington Trust, N.A. not individually or personally, personally but solely as owner trustee Owner Trustee of the Purchaser Trust under the Trust Agreement dated as of , with Issuer, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made or on the part of the Purchaser Trust are Issuer is made and intended not as personal representations, undertakings and agreements by the Owner TrusteeWilmington Trust, N.A., but are is made and intended for the purpose for of binding only the Purchaser TrustIssuer, (c) nothing herein contained shall be construed as creating any personal or individual liability on the Owner TrusteeWilmington Trust, 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 hereby hereto and by any person Person claiming by, through, through or under the parties hereto, and (d) under no circumstances shall the Owner Trustee Wilmington Trust, N.A. be personally liable for the payment of any indebtedness or expenses of the Purchaser Trust Issuer or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Purchaser Trust Issuer under this Supplement Agreement or any other documents related to document. Notwithstanding the Bank foregoing, Wilmington Trust, N.A. shall not be relieved of America DTC Notes.any of its duties and obligations under the Administration Agreement or the Trust Agreement. [Signature Page Follows]

Owner Trustee. It is expressly understood and agreed by the parties hereto that (a) this Pool Supplement is executed and delivered by ___________________________(the “Owner Trustee”) not individually or personally, but solely as owner trustee of the Purchaser Trust under the Trust Agreement dated as of _____________________, with ____________ ____________________, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the Purchaser Trust are made and intended not as personal representations, undertakings and agreements by the Owner Trustee, but are made and intended for the purpose for binding only the Purchaser Trust, (c) nothing herein contained shall be construed as creating any personal or individual liability on the Owner Trustee, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereby and by any person claiming by, through, or under the parties hereto, and (d) under no circumstances shall the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Purchaser Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Purchaser Trust under this Supplement or any other documents related to the Bank of America DTC EDUCATION ONE Notes.

Owner Trustee. It is expressly understood and agreed by the parties hereto that (a) this Pool Supplement is executed and delivered by _________________________ (the “Owner Trustee”) not individually or personally, but solely as owner trustee of the Purchaser Trust under the Trust Agreement dated as of ________________, with ______________ _________________, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the Purchaser Trust are made and intended not as personal representations, undertakings and agreements by the Owner Trustee, but are made and intended for the purpose for binding only the Purchaser Trust, (c) nothing herein contained shall be construed as creating any personal or individual liability on the Owner Trustee, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereby and by any person claiming by, through, or under the parties hereto, and (d) under no circumstances shall the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Purchaser Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Purchaser Trust under this Supplement or any other documents related to the Bank of America DTC EDUCATION ONE Notes.

Owner Trustee. It is expressly understood and agreed by the parties hereto that (a) this Pool Supplement is executed and delivered by _______________________________ (the “Owner Trustee”) not individually or personally, but solely as owner trustee of the Purchaser Trust under the Trust Agreement dated as of ________________, with ________________, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the Purchaser Trust are made and intended not as personal representations, undertakings and agreements by the Owner Trustee, but are made and intended for the purpose for binding only the Purchaser Trust, (c) nothing herein contained shall be construed as creating any personal or individual liability on the Owner Trustee, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereby and by any person claiming by, through, or under the parties hereto, and (d) under no circumstances shall the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Purchaser Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Purchaser Trust under this Supplement or any other documents related to the Bank of America DTC Direct to Consumer Notes.

Owner Trustee. It is expressly understood and agreed by the parties hereto that (a) this Pool Supplement is executed and delivered by (the “"Owner Trustee”") not individually or personally, but solely as owner trustee of the Purchaser Trust under the Trust Agreement dated as of , with , in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the Purchaser Trust are made and intended not as personal representations, undertakings and agreements by the Owner Trustee, but are made and intended for the purpose for binding only the Purchaser Trust, (c) nothing herein contained shall be construed as creating any personal or individual liability on the Owner Trustee, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereby and by any person claiming by, through, or under the parties hereto, and (d) under no circumstances shall the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Purchaser Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Purchaser Trust under this Supplement or any other documents related to the Bank of America DTC [Product Name] Notes.

Owner Trustee. It is expressly understood and agreed by the parties hereto that (a) this Pool Supplement is executed and delivered by __________ (the “Owner Trustee”) not individually or personally, but solely as owner trustee of the Purchaser Trust under the Trust Agreement dated as of __________, with __________, in the exercise of the powers and authority conferred and vested in it, (b) each of the representations, undertakings and agreements herein made on the part of the Purchaser Trust are made and intended not as personal representations, undertakings and agreements by the Owner Trustee, but are made and intended for the purpose for binding only the Purchaser Trust, (c) nothing herein contained shall be construed as creating any personal or individual liability on the Owner Trustee, to perform any covenant either expressed or implied contained herein, all such liability, if any, being expressly waived by the parties hereby and by any person claiming by, through, or under the parties hereto, and (d) under no circumstances shall the Owner Trustee be personally liable for the payment of any indebtedness or expenses of the Purchaser Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Purchaser Trust under this Supplement or any other documents related to the Bank of America DTC Start Education Notes.

Owner Trustee. It is expressly understood and agreed by the parties hereto that (a) this Pool Supplement Third Supplemental Indenture is executed and delivered by (the “Owner Trustee”) Wilmington Trust Company, not individually or personally, but solely as owner trustee of the Purchaser Trust under the Trust Agreement dated as of , with Owner Trustee, in the exercise of the powers and authority conferred and vested in it, pursuant to the 2000-1 Trust Agreement and the 2000-2 Trust Agreement, (b) each of the representations, undertakings and agreements herein made on the part of the Purchaser Trust are Trusts is made and intended not as personal representations, undertakings and agreements by the Owner Trustee, Wilmington Trust Company but are is made and intended for the purpose for binding only the Purchaser TrustTrusts, (c) nothing herein contained shall be construed as creating any personal or individual liability on the Owner TrusteeWilmington 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 hereby hereto and by any person claiming by, through, through or under the parties hereto, and (d) under no circumstances shall the Owner Trustee Wilmington Trust Company be personally liable for the payment of any indebtedness or expenses of the Purchaser Trust Trusts or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Purchaser Trust Trusts under this Supplement Third Supplemental Indenture or any other documents related to the Bank of America DTC Notesdocuments.