Common use of SUCCESSOR OWNER TRUSTEES AND ADDITIONAL Clause in Contracts

SUCCESSOR OWNER TRUSTEES AND ADDITIONAL. OWNER TRUSTEES 27 Section 10.1 Eligibility Requirements for Owner Trustee 27 Section 10.2 Resignation or Removal of Owner Trustee 27 Section 10.3 Successor Owner Trustee 28 Section 10.4 Merger or Consolidation of Owner Trustee 28 Section 10.5 Appointment of Co-Trustee or Separate Trustee 29 ARTICLE XI MISCELLANEOUS 30 Section 11.1 Supplements and Amendments 30 Section 11.2 No Legal Title to Owner Trust Estate in Certificateholders 32 Section 11.3 Limitation on Rights of Others 32 Section 11.4 Notices 32 Section 11.5 Severability 32 Section 11.6 Separate Counterparts and Electronic Signature 32 Section 11.7 Successors and Assigns 33 Section 11.8 Covenants of the Depositor 33 Section 11.9 No Petition 33 Section 11.10 No Recourse 33 Section 11.11 Headings 33 Section 11.12 Governing Law; Waiver of Jury Trial 34 Section 11.13 Depositor Payment Obligation 34 Section 11.14 Certificates Nonassessable and Fully Paid 34 Section 11.15 Ratification of Prior Actions 34 Section 11.16 Legal Fees Associated with Indemnification 34 Section 11.17 FinCEN Compliance 34 EXHIBITS EXHIBIT A Form of Certificate EXHIBIT B Form of Certificate of Trust AMENDED AND RESTATED TRUST AGREEMENT, dated as of October 1, 2022 (as amended, supplemented or otherwise modified and in effect from time to time, this “Agreement”), between CARMAX AUTO FUNDING LLC, a Delaware limited liability company, as depositor (the “Depositor”), and U.S. BANK TRUST NATIONAL ASSOCIATION, a national banking association, as owner trustee and not in its individual capacity (in such capacity, the “Owner Trustee”).

SUCCESSOR OWNER TRUSTEES AND ADDITIONAL. OWNER TRUSTEES 27 Owner Trustees 30 Section 10.1 9.01. Eligibility Requirements for Owner Trustee 27 30 Section 10.2 Resignation or Removal 9.02. Replacement of Owner Trustee 27 30 Section 10.3 9.03. Successor Owner Trustee 28 31 Section 10.4 9.04. Merger or Consolidation of Owner Trustee 28 31 Section 10.5 9.05. Appointment of Co-Trustee or Separate Trustee 29 31 ARTICLE XI MISCELLANEOUS 30 X Miscellaneous 33 Section 11.1 Supplements and 10.01. Amendments 30 33 Section 11.2 10.02. No Legal Title to Owner Trust Estate in Certificateholders 32 34 Section 11.3 Limitation 10.03. Limitations on Rights of Others 32 35 Section 11.4 10.04. Notices 32 35 Section 11.5 10.05. Severability 32 35 Section 11.6 10.06. Separate Counterparts and Electronic Signature 32 35 Section 11.7 10.07. Successors and Assigns 33 35 Section 11.8 Covenants of the Depositor 33 Section 11.9 10.08. No Petition 33 36 Section 11.10 10.09. No Recourse 33 36 Section 11.11 10.10. Headings 33 36 Section 11.12 Governing Law; Waiver of Jury Trial 34 10.11. GOVERNING LAW 36 Section 11.13 Depositor Payment Obligation 34 Section 11.14 Certificates Nonassessable and Fully Paid 34 Section 11.15 Ratification of Prior Actions 34 Section 11.16 Legal Fees Associated with Indemnification 34 Section 11.17 FinCEN Compliance 34 10.12. Integration 36 Signatures 36 EXHIBITS EXHIBIT A Exhibit A: Form of Owner Trust Certificate EXHIBIT B A-1 Exhibit B: Certificate of Trust of Encore Credit Receivables Trust 2005-1 B-1 Exhibit C: Form of Rule 144A Investment Representation C-1 Exhibit D: Form of Certificate of Non-Foreign Status D-1 Exhibit E: Form of Investment Letter E-1 Exhibit F: Form of Transferor Certificate F-1 Exhibit G: Form of ERISA Letter G-1 This Amended and Restated Trust AMENDED AND RESTATED TRUST AGREEMENTAgreement, dated as of October 1March 18, 2022 2005 (as amended, supplemented or otherwise modified and in effect amended from time to time, this “Trust Agreement”), between CARMAX AUTO FUNDING LLCamong CWABS, Inc., a Delaware limited liability companycorporation, as depositor (the “Depositor”), and U.S. BANK TRUST NATIONAL ASSOCIATIONWilmington Trust Company, a national Delaware banking associationcorporation, as owner trustee (the “Owner Trustee”), and not in its individual capacity The Bank of New York, as certificate registrar (in such capacity, the “Owner TrusteeCertificate Registrar”) and certificate paying agent (in such capacity, the “Certificate Paying Agent”).

SUCCESSOR OWNER TRUSTEES AND ADDITIONAL. OWNER TRUSTEES 27 Section 10.1 30 SECTION 9.1. Eligibility Requirements for Owner Trustee 27 Section 10.2 Trustee. 30 SECTION 9.2. Resignation or Removal of Owner Trustee 27 Section 10.3 Trustee. 31 SECTION 9.3. Successor Owner Trustee 28 Section 10.4 Trustee. 31 SECTION 9.4. Merger or Consolidation of Owner Trustee 28 Section 10.5 Trustee. 32 SECTION 9.5. Appointment of Co-Trustee or Separate Trustee 29 Trustee. 32 ARTICLE XI X MISCELLANEOUS 30 Section 11.1 33 SECTION 10.1. Supplements and Amendments 30 Section 11.2 Amendments. 33 ii TABLE OF CONTENTS (continued) Page SECTION 10.2. No Legal Title to Owner Holding Trust Estate in Certificateholders 32 Section 11.3 Limitation Holding Trust Certificateholder. 35 SECTION 10.3. Limitations on Rights of Others 32 Section 11.4 Notices 32 Section 11.5 Severability 32 Section 11.6 Others. 35 SECTION 10.4. Notices. 35 SECTION 10.5. Severability. 36 SECTION 10.6. Separate Counterparts and Electronic Signature 32 Section 11.7 Successors and Assigns 33 Section 11.8 Covenants Counterparts. 36 SECTION 10.7. Assignments. 36 SECTION 10.8. No Recourse. 36 SECTION 10.9. Headings. 36 SECTION 10.10. GOVERNING LAW. 36 SECTION 10.11. WAIVER OF JURY TRIAL. 37 SECTION 10.12. Servicer. 37 SECTION 10.13. Nonpetition Covenants. 37 SECTION 10.14. Third-Party Beneficiaries. 38 SECTION 10.15. Owner Trustee. 38 SECTION 10.16. Regulation AB. 38 ARTICLE XI APPLICATION OF HOLDING TRUST FUNDS; CERTAIN DUTIES 39 SECTION 11.1. [Reserved]. 39 SECTION 11.2. Application of the Depositor 33 Section 11.9 No Petition 33 Section 11.10 No Recourse 33 Section 11.11 Headings 33 Section 11.12 Governing Law; Waiver Holding Trust Funds. 39 SECTION 11.3. Method of Jury Trial 34 Section 11.13 Depositor Payment Obligation 34 Section 11.14 Certificates Nonassessable and Fully Paid 34 Section 11.15 Ratification of Prior Actions 34 Section 11.16 Legal Fees Associated with Indemnification 34 Section 11.17 FinCEN Compliance 34 Payment. 40 EXHIBITS EXHIBIT A Form of Certificate FORM OF HOLDING TRUST CERTIFICATE EXHIBIT B Form of Certificate of Trust FORM OF CERTIFICATE OF TRUST EXHIBIT C FORM OF NOTICE OF REPURCHASE REQUEST iv This AMENDED AND RESTATED TRUST AGREEMENT, dated as of October 1[_____], 2022 (as amended, supplemented or otherwise modified and in effect from time to time, this “Agreement”)20[__], between CARMAX AUTO FUNDING LLCEXETER AUTOMOBILE RECEIVABLES TRUST 20[__]-[__], a Delaware limited liability companystatutory trust, as depositor (the “DepositorSeller”), and U.S. BANK TRUST NATIONAL ASSOCIATION[OWNER TRUSTEE], a national banking association[_______], as owner trustee Owner Trustee, amends and not restates in its individual capacity entirety that certain Trust Agreement dated as of [_____], 20[__] (in such capacity, the “Initial Trust Agreement”), between [EFCAR, LLC], as depositor (the “Initial Depositor”) and the Owner Trustee”).