Common use of Release by the 2009-1 Trustee Clause in Contracts

Release by the 2009-1 Trustee. The 2009-1 Trustee (i) releases any and all rights in and to any Collections with respect to the Comerica Loans, the Wxxxx Fargo Warehouse Loans, the Fifth Third Loans, the BMO Loans, the 2011-1 Loans, the 2010-1 Loans, or in any Back-end Dealer Payments; provided, that no release shall have been granted with respect to amounts collected under any Pools or Purchased Loans which are Back-end Dealer Payments that have been set off by CAC or by Comerica pursuant to the CAC Credit Facility Documents against amounts owing under the 2009-1 Loans and (ii) relinquishes all rights it has or may have to require CAC, individually or as servicer, any successor servicer, Funding 2009-1 or the 2009-1 Trust to use Collections on its behalf contrary to clause (d)(i). The 2009-1 Trust agrees that the lien and security interest granted to the 2009-1 Trustee pursuant to the 2009-1 Securitization Documents to which it is a party does not and shall not attach to any Comerica Loans, Wxxxx Fargo Warehouse Loans, Fifth Third Loans, BMO Loans, the 2011-1 Loans, 2010-1 Loans (or related Collections) or to any Back-end Dealer Payments and shall not assert any claim thereto.

Release by the 2009-1 Trustee. The 2009-1 Trustee (i) releases any and all rights in and to any Collections with respect to the Comerica Loans, the Wxxxx Xxxxx Fargo Warehouse Loans, the Fifth Third Loans, the BMO Loans, the 2011-1 Loans, the 2010-1 Loans, or in any Back-end Dealer Payments; provided, that no release shall have been granted with respect to amounts collected under any Pools or Purchased Loans which are Back-end Dealer Payments that have been set off by CAC or by Comerica pursuant to the CAC Credit Facility Documents against amounts owing under the 2009-1 Loans and (ii) relinquishes all rights it has or may have to require CAC, individually or as servicer, any successor servicer, Funding 2009-1 or the 2009-1 Trust to use Collections on its behalf contrary to clause (d)(i). The 2009-1 Trust agrees that the lien and security interest granted to the 2009-1 Trustee pursuant to the 2009-1 Securitization Documents to which it is a party does not and shall not attach to any Comerica Loans, Wxxxx Xxxxx Fargo Warehouse Loans, Fifth Third Loans, BMO Loans, the 2011-1 Loans, 2010-1 Loans (or related Collections) or to any Back-end Dealer Payments and shall not assert any claim thereto.

Release by the 2009-1 Trustee. The 2009-1 Trustee (i) releases any and all rights in and to any Collections with respect to the Comerica Loans, the Wxxxx Xxxxx Fargo Warehouse Loans, the Fifth Third Loans, the BMO Loans, the 2011-1 Loans, the 20102008-1 Loans, or in any Back-end Dealer Payments; provided, that no release shall have been granted with respect to amounts collected under any Pools or Purchased Loans which are Back-end Dealer Payments that have been set off by CAC or by Comerica pursuant to the CAC Credit Facility Documents against amounts owing under the 2009-1 Loans and (ii) relinquishes all rights it has or may have to require CAC, individually or as servicer, any successor servicer, Funding 2009-1 or the 2009-1 Trust to use Collections on its behalf contrary to clause (d)(i). The 2009-1 Trust agrees that the lien and security interest granted to the 2009-1 Trustee pursuant to the 2009-1 Securitization Documents to which it is a party does not and shall not attach to any Comerica Loans, Wxxxx Xxxxx Fargo Warehouse Loans, Fifth Third Loans, BMO Loans, the 2011-1 Loans, 20102008-1 Loans (or related Collections) or to any Back-end Dealer Payments and shall not assert any claim thereto.

Release by the 2009-1 Trustee. The 2009-1 Trustee (i) releases any and all rights in and to any Collections with respect to the Comerica Loans, the Wxxxx Xxxxx Fargo Warehouse Loans, the Fifth Third Loans, the BMO Loans, the 2011-1 Loans, the 2010-1 Loans, or in any Back-end Dealer Payments; provided, that no release shall have been granted with respect to amounts collected under any Pools or Purchased Loans which are Back-end Dealer Payments that have been set off by CAC or by Comerica pursuant to the CAC Credit Facility Documents against amounts owing under the 2009-1 Loans and (ii) relinquishes all rights it has or may have to require CAC, individually or as servicer, any successor servicer, Funding 2009-1 or the 2009-1 Trust to use Collections on its behalf contrary to clause (d)(i). The 2009-1 Trust agrees that the lien and security interest granted to the 2009-1 Trustee pursuant to the 2009-1 Securitization Documents to which it is a party does not and shall not attach to any Comerica Loans, Wxxxx Xxxxx Fargo Warehouse Loans, Fifth Third Loans, BMO Loans, the 2011-1 Loans, 2010-1 Loans (or related Collections) or to any Back-end Dealer Payments and shall not assert any claim thereto.