Common use of Supplemental Interest Trust Trustee Capacity Clause in Contracts

Supplemental Interest Trust Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by Deutsche Bank National Trust Company not individually or personally but solely as Supplemental Interest Trust Trustee of the supplemental interest trust created under the Pooling Agreement (the “Supplemental Interest Trust”) in the exercise of the powers and authority conferred and vested in it under the terms of the Pooling Agreement, (ii) each of the representations, undertakings and agreements herein made on the part of the Counterparty is made and intended not as personal representations, undertakings and agreements by Deutsche Bank National Trust Company but is made and intended for the purpose of binding only the Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of Deutsche Bank National 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 hereto and by any Person claiming by, through or under the parties hereto, and (iv) under no circumstances shall Deutsche Bank National Trust Company be personally liable for the payment of any indebtedness or expenses of the Counterparty or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Counterparty under this Agreement or any other related documents, as to all of which recourse shall be had solely to the assets of the Supplemental Interest Trust in accordance with the terms of the Pooling Agreement. The parties hereto acknowledge that Deutsche Bank National Trust Company as Supplemental Interest Trust Trustee has been directed to enter into this Agreement pursuant to the Pooling Agreement.

Supplemental Interest Trust Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by Deutsche The Bank National of New York Trust Company Company, N.A. not individually or personally but solely as Supplemental Interest Trust Trustee of the supplemental interest trust created under the Pooling Agreement (the “Supplemental Interest Trust”) in the exercise of the powers and authority conferred and vested in it under the terms of the Pooling Agreement, (ii) each of the representations, undertakings and agreements herein made on the part of the Counterparty is made and intended not as personal representations, undertakings and agreements by Deutsche The Bank National of New York Trust Company Company, N.A. but is made and intended for the purpose of binding only the Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of Deutsche The Bank National of New York Trust Company, 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 hereto and by any Person claiming by, through or under the parties hereto, and (iv) under no circumstances shall Deutsche The Bank National of New York Trust Company Company, N.A. be personally liable for the payment of any indebtedness or expenses of the Counterparty or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Counterparty under this Agreement or any other related documents, as to all of which recourse shall be had solely to the assets of the Supplemental Interest Trust in accordance with the terms of the Pooling Agreement. The parties hereto acknowledge that Deutsche The Bank National of New York Trust Company Company, N.A. as Supplemental Interest Trust Trustee has been directed to enter into this Agreement pursuant to the Pooling Agreement.

Supplemental Interest Trust Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by Deutsche Bank National Trust Company Xxxxx Fargo Bank, N.A. not individually or personally in its individual capacity but solely as Supplemental Interest Trust Trustee of the supplemental interest trust created under the Pooling Agreement (the “Supplemental Interest Trust”) in the exercise of the powers and authority conferred and vested in it under the terms of the Pooling Agreement, (ii) each of the representations, undertakings and agreements herein made on the part of the Counterparty is made and intended not as personal representations, undertakings and agreements by Deutsche Bank National Trust Company Xxxxx Fargo Bank, N.A. but is made and intended for the purpose of binding only the Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of Deutsche Bank National Trust CompanyXxxxx Fargo Bank, 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 hereto and by any Person claiming by, through or under the parties hereto, and (iv) under no circumstances shall Deutsche Bank National Trust Company Xxxxx Fargo Bank, N.A. be personally liable for the payment of any indebtedness or expenses of the Counterparty or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Counterparty under this Agreement or any other related documents, as to all of which recourse shall be had solely to the assets of the Supplemental Interest Trust in accordance with the terms of the Pooling Agreement. The parties hereto acknowledge that Deutsche Bank National Trust Company Xxxxx Fargo Bank, N.A. as Supplemental Interest Trust Trustee has been directed to enter into this Agreement pursuant to the Pooling Agreement.

Supplemental Interest Trust Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by Deutsche Bank National Xxxxx Fargo Bank, N.A. (the Supplemental Interest Trust Company Trustee) not individually in its individual or personally corporate capacity but solely as Supplemental Interest Trust Trustee on behalf of the supplemental interest trust Supplemental Interest Trust created under the Pooling and Servicing Agreement for the Adjustable Rate Mortgage Trust 2007-2 (the “Supplemental Interest Trust”) ), in the exercise of the powers and authority conferred and vested in it under the terms of the Pooling AgreementPSA, (ii) each of the representations, undertakings and agreements herein made on the part of the Counterparty Trust is made and intended not as personal representations, undertakings and agreements by Deutsche Bank National the Supplemental Interest Trust Company Trustee but is made and intended for the purpose of binding only the Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of Deutsche Bank National the Supplemental Interest Trust CompanyTrustee, individually or personally, to perform any covenant, covenant either expressed or implied, 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, hereto and (iv) under no circumstances shall Deutsche Bank National the Supplemental Interest Trust Company Trustee be personally liable for the payment of any indebtedness or expenses of the Counterparty Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Counterparty Trust under this Agreement or any other related documents, documents as to all of which recourse shall be had solely to the assets of the Supplemental Interest Trust in accordance with the terms of the Pooling Agreement. The parties hereto acknowledge that Deutsche Bank National Trust Company as Supplemental Interest Trust Trustee has been directed to enter into this Agreement pursuant to the Pooling AgreementPSA.

Supplemental Interest Trust Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) insofar as this Agreement Confirmation is executed and delivered by Deutsche Bank National Trust Company (“DBNTC”) (i) this Confirmation is executed and delivered by DBNTC, not individually or personally in its individual capacity but solely as Supplemental Interest Trust Trustee of the supplemental interest trust created under the Pooling Agreement and Servicing Agreement, dated as of February 1, 2007 (the “Supplemental Interest TrustPooling and Servicing Agreement”) ), among X.X. Xxxxxx Acceptance Corporation I, as depositor, X.X. Xxxxxx Mortgage Acquisition Corp., as seller, DBNTC, as trustee, JPMorgan Chase Bank National Association as servicer, in the exercise of the powers and authority conferred and vested in it under the terms of the Pooling Agreementthereunder, (ii) each of the representations, undertakings and agreements herein made on the part of the Counterparty is made and intended not as personal representations, undertakings and agreements by Deutsche Bank National Trust Company but is made and intended for the purpose of binding only the Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of Deutsche Bank National 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 hereto and by any Person claiming by, through or under the parties hereto, and (iv) under no circumstances shall Deutsche Bank National Trust Company DNBTC in its individual capacity be personally liable for the payment of any indebtedness or expenses of the Counterparty or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Counterparty under this Confirmation, the Pooling and Servicing Agreement or any other related documentsdocument,(iii) each of the representations, undertakings and agreements herein made on behalf of the Counterparty is made and intended not as to all personal representations, undertakings and agreements of which recourse the Counterparty but for the purpose of binding only X.X. Xxxxxx Mortgage Acquisition Trust 2007-CH2 and (iv) nothing herein contained shall be had solely construed as creating any liability for DBNTC, individually or personally, to perform any covenant (either express or implied) contained herein, and all such liability, if any, is hereby expressly waived by the assets of parties hereto, and such waiver shall bind any third party making a claim by or through one the Supplemental Interest Trust in accordance with the terms of the Pooling Agreement. The parties hereto acknowledge that Deutsche Bank National Trust Company as Supplemental Interest Trust Trustee has been directed to enter into this Agreement pursuant to the Pooling Agreementhereto.

Supplemental Interest Trust Trustee Capacity. It is expressly understood and agreed by the parties hereto that (ia) this Agreement is executed and delivered by Deutsche Bank National Trust Company Citibank, N.A. (“Citibank”), not individually or personally but solely as Supplemental Interest Trust Trustee on behalf of the supplemental interest trust created under the Pooling Agreement (the “Supplemental Interest Trust”) in the exercise of the powers and authority conferred and vested in it under the terms of the Pooling Agreement, (iib) each of the representations, undertakings and agreements herein made on the part of the Counterparty is made and intended not as personal representations, undertakings and agreements by Deutsche Bank National Trust Company Citibank but is made and intended for the purpose of binding only the Supplemental Interest TrustCounterparty, (iiic) nothing herein contained shall be construed as creating any liability on the part of Deutsche Bank National Trust CompanyCitibank, individually or personally, to perform any covenant, covenant either expressed or implied, 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; provided that nothing in this paragraph shall relieve Citibank from performing its duties and obligations under the Pooling and Servicing Agreement in accordance with the standard of care set forth therein, and (ivd) under no circumstances shall Deutsche Bank National Trust Company Citibank be personally liable for the payment of any indebtedness or expenses of the Counterparty or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Counterparty under this Agreement or any other related documents, as other than due to all of which recourse shall be had solely to its gross negligence or willful misconduct in performing the assets obligations of the Supplemental Interest Trust in accordance with the terms of Trustee under the Pooling and Servicing Agreement. The parties hereto acknowledge that Deutsche Bank National Trust Company , (e) any resignation or removal of Citibank as Supplemental Interest Trust Trustee on behalf of the Supplemental Interest Trust shall require the assignment of this agreement to Citibank’s replacement, and (f) Citibank has been directed directed, pursuant to the Pooling and Servicing Agreement, to enter into this Agreement pursuant and to the Pooling Agreementperform its obligations hereunder.

Supplemental Interest Trust Trustee Capacity. It is expressly understood and agreed by the parties hereto that (ia) this Agreement is executed and delivered by Deutsche Bank Wells Fargo Bank, National Trust Company Association ("WFB"), not individualxx xr Reference Number: FXNSC9032 Wells Fargo Bank, National Association, not individually or but xxxxxy as Supplemental Interest Trust Trustee on behalf of the Supplemental Interest Trust with respect to the Luminent Mortgage Trust 2006-7, Mortgage Pass-Through Certificates, Series 2006-7 December 27, 2006 Page 11 of 19 personally but solely as Supplemental Interest Trust Trustee on behalf of the supplemental interest trust created under the Pooling Agreement (the “Supplemental Interest Trust”) in the exercise of the powers and authority conferred and vested in it under the terms of the Pooling AgreementTrust , (iib) each of the representations, undertakings and agreements herein made on the part of the Counterparty is made and intended not as personal representations, undertakings and agreements by Deutsche Bank National Trust Company WFB but is made and intended for the purpose of binding only the Supplemental Interest TrustCounterparty, (iiic) nothing herein contained shall be construed as creating any liability on the part of Deutsche Bank National Trust CompanyWFB, individually or personally, to perform any covenant, covenant either expressed or implied, 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; provided that nothing in this paragraph shall relieve WFB from performing its duties and obligations under the Pooling Agreement in accordance with the standard of care set forth therein, and (ivd) under no circumstances shall Deutsche Bank National Trust Company WFB be personally liable for the payment of any indebtedness or expenses of the Counterparty or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Counterparty under this Agreement or any other related documents, as other than due to all of which recourse shall be had solely to its negligence or willful misconduct in performing the assets obligations of the Supplemental Interest Trust in accordance with the terms of Trustee under the Pooling Agreement. The parties hereto acknowledge that Deutsche Bank National Trust Company , (e) any resignation or removal of WFB as Supplemental Interest Trust Trustee on behalf of the Supplemental Interest Trust shall require the assignment of this agreement to WFB's replacement, and (f) WFB has been directed directed, pursuant to the Pooling Agreement, to enter into this Agreement pursuant and to the Pooling Agreementperform its obligations hereunder.

Supplemental Interest Trust Trustee Capacity. It is expressly understood and agreed by the parties hereto that (ia) this Agreement is executed and delivered by Deutsche Bank Wells Fargo Bank, National Trust Company Association, ("WFB"), not individually or individualxx xr personally but solely as Supplemental Interest Trust Trustee on behalf of the supplemental interest trust created under the Pooling Agreement (the “Supplemental Interest Trust”) in the exercise of the powers and authority conferred and vested in it under the terms of the Pooling Agreement, (iib) each of the representations, undertakings and agreements herein made on the part of the Counterparty is made and intended not as personal representations, undertakings and agreements by Deutsche Bank National Trust Company WFB but is made and intended for the purpose of binding only the Supplemental Interest TrustCounterparty, (iiic) nothing herein contained shall be construed as creating any liability on the part of Deutsche Bank National Trust CompanyWFB, individually or personally, to perform any covenant, covenant either expressed or implied, implied contained herein, all such liabilityli ability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto; provided that nothing in this paragraph shall relieve WFB from performing its duties and obligations under the Pooling Agreement in accordance with the standard of care set forth therein, and (ivd) under no circumstances shall Deutsche Bank National Trust Company WFB be personally liable for the payment of any indebtedness or expenses of the Counterparty or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Counterparty under this Agreement or any other related documents, as other than due to all of which recourse shall be had solely to its negligence or willful misconduct in performing the assets obligations of the Supplemental Interest Trust in accordance with the terms of Trustee under the Pooling Agreement. The parties hereto acknowledge that Deutsche Bank National Trust Company , (e) any resignation or removal of WFB as Supplemental Interest Trust Trustee on behalf of the Supplemental Interest Trust shall require the assignment of this agreement to WFB's replacement, and (f) WFB has been directed directed, pursuant to the Pooling Agreement, to enter into this Agreement pursuant and to the Pooling Agreementperform its obligations hereunder.

Supplemental Interest Trust Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by Deutsche LaSalle Bank National Trust Company Association, not individually in its individual or personally personal capacity, but solely as Supplemental Interest Trust Trustee on behalf of the supplemental interest trust created under the Pooling Agreement (the “Supplemental Interest Trust”) Trust in the exercise of the powers and authority conferred and vested in it under the terms of the Pooling and Servicing Agreement, (ii) each of the representations, undertakings and agreements herein made on the part behalf of the Counterparty Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by Deutsche of LaSalle Bank National Trust Company Association but is made and intended for the purpose of binding only the Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of Deutsche LaSalle Bank National Trust CompanyAssociation, 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, hereto and (iv) under no circumstances shall Deutsche will LaSalle Bank National Trust Company Association in its individual capacity be personally liable for the payment of any indebtedness or expenses of the Counterparty or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Counterparty Supplemental Interest Trust under this Agreement or any other related documents, as to all of which recourse shall be had solely to the assets of the Supplemental Interest Trust in accordance with the terms of the Pooling Agreement. The parties hereto acknowledge that Deutsche Bank National Trust Company as Supplemental Interest Trust Trustee has been directed to enter into this Agreement pursuant to the Pooling and Servicing Agreement.

Supplemental Interest Trust Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) insofar as this Agreement Confirmation is executed and delivered by Deutsche Bank National Trust Company (“DBNTC”) (i) this Confirmation is executed and delivered by DBNTC, not individually or personally in its individual capacity but solely as Supplemental Interest Trust Trustee of the supplemental interest trust created under the Pooling Agreement and Servicing Agreement, dated as of April 1, 2007 (the “Supplemental Interest TrustPooling and Servicing Agreement”) ), among X.X. Xxxxxx Acceptance Corporation I, as depositor, X.X. Xxxxxx Mortgage Acquisition Corp., as seller, DBNTC, as trustee, JPMorgan Chase Bank National Association as servicer, in the exercise of the powers and authority conferred and vested in it under the terms of the Pooling Agreementthereunder, (ii) each of the representations, undertakings and agreements herein made on the part of the Counterparty is made and intended not as personal representations, undertakings and agreements by Deutsche Bank National Trust Company but is made and intended for the purpose of binding only the Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of Deutsche Bank National 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 hereto and by any Person claiming by, through or under the parties hereto, and (iv) under no circumstances shall Deutsche Bank National Trust Company DNBTC in its individual capacity be personally liable for the payment of any indebtedness or expenses of the Counterparty or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Counterparty under this Confirmation, the Pooling and Servicing Agreement or any other related documentsdocument,(iii) each of the representations, undertakings and agreements herein made on behalf of the Counterparty is made and intended not as to all personal representations, undertakings and agreements of which recourse the Counterparty but for the purpose of binding only X.X. Xxxxxx Mortgage Acquisition Trust 2007-CH3 and (iv) nothing herein contained shall be had solely construed as creating any liability for DBNTC, individually or personally, to perform any covenant (either express or implied) contained herein, and all such liability, if any, is hereby expressly waived by the assets of parties hereto, and such waiver shall bind any third party making a claim by or through one the Supplemental Interest Trust in accordance with the terms of the Pooling Agreement. The parties hereto acknowledge that Deutsche Bank National Trust Company as Supplemental Interest Trust Trustee has been directed to enter into this Agreement pursuant to the Pooling Agreementhereto.

Supplemental Interest Trust Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by Deutsche Bank National Xxxxx Fargo Bank, N.A. (the "Supplemental Interest Trust Company Trustee") not individually in its individual or personally corporate capacity but solely as Supplemental Interest Trust Trustee on behalf of the supplemental interest trust Supplemental Interest Trust created under the Pooling and Servicing Agreement for the Adjustable Rate Mortgage Trust 2007-2 (the “"Supplemental Interest Trust”) "), in the exercise of the powers and authority conferred and vested in it under the terms of the Pooling AgreementPSA, (ii) each of the representations, undertakings and agreements herein made on the part of the Counterparty Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by Deutsche Bank National the Supplemental Interest Trust Company Trustee but is made and intended for the purpose of binding only the Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of Deutsche Bank National the Supplemental Interest Trust CompanyTrustee, individually or personally, to perform any covenant, covenant either expressed or implied, 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, hereto and (iv) under no circumstances shall Deutsche Bank National the Supplemental Interest Trust Company Trustee be personally liable for the payment of any indebtedness or expenses of the Counterparty Supplemental Interest Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Counterparty Supplemental Interest Trust under this Agreement or any other related documents, documents as to all of which recourse shall be had solely to the assets of the Supplemental Interest Trust in accordance with the terms of the Pooling Agreement. The parties hereto acknowledge that Deutsche Bank National Trust Company as Supplemental Interest Trust Trustee has been directed to enter into this Agreement pursuant to the Pooling AgreementPSA.

Supplemental Interest Trust Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by Deutsche Bank National Wxxxx Fargo Bank, N.A. (the "Supplemental Interest Trust Company Trustee") not individually in its individual or personally corporate capacity but solely as Supplemental Interest Trust Trustee on behalf of the supplemental interest trust Supplemental Interest Trust created under the Pooling and Servicing Agreement for the Adjustable Rate Mortgage Trust 2007-2 (the “"Supplemental Interest Trust”) "), in the exercise of the powers and authority conferred and vested in it under the terms of the Pooling AgreementPSA, (ii) each of the representations, undertakings and agreements herein made on the part of the Counterparty Supplemental Interest Trust is made and intended not as personal representations, undertakings and agreements by Deutsche Bank National the Supplemental Interest Trust Company Trustee but is made and intended for the purpose of binding only the Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of Deutsche Bank National the Supplemental Interest Trust CompanyTrustee, individually or personally, to perform any covenant, covenant either expressed or implied, 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, hereto and (iv) under no circumstances shall Deutsche Bank National the Supplemental Interest Trust Company Trustee be personally liable for the payment of any indebtedness or expenses of the Counterparty Supplemental Interest Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Counterparty Supplemental Interest Trust under this Agreement or any other related documents, documents as to all of which recourse shall be had solely to the assets of the Supplemental Interest Trust in accordance with the terms of the Pooling Agreement. The parties hereto acknowledge that Deutsche Bank National Trust Company as Supplemental Interest Trust Trustee has been directed to enter into this Agreement pursuant to the Pooling AgreementPSA.

Supplemental Interest Trust Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by Deutsche Bank National Wxxxx Fargo Bank, N.A. (the Supplemental Interest Trust Company Trustee) not individually in its individual or personally corporate capacity but solely as Supplemental Interest Trust Trustee on behalf of the supplemental interest trust Supplemental Interest Trust created under the Pooling and Servicing Agreement for the Adjustable Rate Mortgage Trust 2007-2 (the “Supplemental Interest Trust”) ), in the exercise of the powers and authority conferred and vested in it under the terms of the Pooling AgreementPSA, (ii) each of the representations, undertakings and agreements herein made on the part of the Counterparty Trust is made and intended not as personal representations, undertakings and agreements by Deutsche Bank National the Supplemental Interest Trust Company Trustee but is made and intended for the purpose of binding only the Supplemental Interest Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of Deutsche Bank National the Supplemental Interest Trust CompanyTrustee, individually or personally, to perform any covenant, covenant either expressed or implied, 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, hereto and (iv) under no circumstances shall Deutsche Bank National the Supplemental Interest Trust Company Trustee be personally liable for the payment of any indebtedness or expenses of the Counterparty Trust or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Counterparty Trust under this Agreement or any other related documents, documents as to all of which recourse shall be had solely to the assets of the Supplemental Interest Trust in accordance with the terms of the Pooling Agreement. The parties hereto acknowledge that Deutsche Bank National Trust Company as Supplemental Interest Trust Trustee has been directed to enter into this Agreement pursuant to the Pooling AgreementPSA.

Supplemental Interest Trust Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by Deutsche Bank National Trust Company Americas ("DBTCA"), not individually or personally personally, but solely as Supplemental Interest Trust Trustee of the supplemental interest trust created Supplemental Interest Trust under the Pooling Trust Agreement (pursuant to which the “Supplemental Interest Trust”) Trust was formed, in the exercise of the powers and authority conferred upon and vested in it under the terms of the Pooling Agreementit, and pursuant to instructions set forth therein, (ii) DBTCA has been directed pursuant to the Trust Agreement to enter into this Agreement and to perform its obligations hereunder, (iii) each of the representations, undertakings and agreements herein made on the part of the Counterparty Party B is made and intended not as personal representations, undertakings and or agreements by Deutsche Bank National Trust Company of DBTCA, but is made and intended solely for the purpose of binding only the Supplemental Interest Trust, (iiiiv) nothing contained herein contained shall be construed as creating imposing any liability on the part of Deutsche Bank National Trust Companyupon DBTCA, individually or personally, to perform any covenant, either expressed express or implied, contained hereinherein (including, for the avoidance of doubt, any liability, individually or personally, for any failure or delay in making a payment hereunder to Party A due to any failure or delay in receiving amounts held in the account held by the Supplemental Interest Trust created pursuant to the Trust Agreement) and all such liability, if any, being is hereby expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto and such waiver shall bind any third party making a claim by or through one of the parties hereto, and (ivv) under no circumstances shall Deutsche Bank National Trust Company DBTCA be personally liable for the payment of any indebtedness or expenses of the Counterparty Party B, or be liable for the breach or failure of any obligation, representation, warranty or covenant made or undertaken by the Counterparty Party B under this Agreement or any other related documents, as to all of which recourse shall be had solely to the assets of the Supplemental Interest Trust in accordance with the terms of the Pooling Agreement. The parties hereto acknowledge that Deutsche Bank National Trust Company as Supplemental Interest Trust Trustee has been directed to enter into this Agreement pursuant to the Pooling Agreement.