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.

Appears in 5 contracts

Samples: Master Agreement (J.P. Morgan Mortgage Acquisition Trust 2007-Ch4), Master Agreement (Jpmac 2007-Ch2), The Master Agreement (J.P. Morgan Mortgage Acquisition Trust 2007-He1)

AutoNDA by SimpleDocs

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.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (ChaseFlex Trust Series 2007-2), Pooling and Servicing Agreement (ChaseFlex Trust Series 2007-2), Pooling and Servicing Agreement (ChaseFlex Trust Series 2007-3)

Supplemental Interest Trust Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Supplemental Interest Trust Trustee (i) this Agreement Confirmation is executed and delivered by Deutsche The Bank National of New York Trust Company Company, 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 and Servicing Agreement, dated as of April 1, 2007 (the “Supplemental Interest TrustPooling and Servicing Agreement) ), among Chase Mortgage Finance Corporation, as depositor, Chase Home Finance LLC, as seller, The Bank of New York Trust Company, N.A., 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 The Bank National of New York Trust Company Company, N.A. 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 under this Confirmation, and (iii) each of the representations, undertakings and agreements herein made on behalf of the Counterparty under is made and intended not as personal representations, undertakings and agreements of the Counterparty. Please confirm that the foregoing correctly sets forth the terms of our agreement by executing a copy of this Agreement Confirmation and returning it to us or any other related documentsby sending to us a letter, telex or facsimile substantially similar to this letter, which letter, telex or facsimile sets forth the material terms of the Transaction to which this Confirmation relates and indicates agreement to those terms. When referring to this Confirmation, please indicate: JPMorgan Deal Number(s): [ ] JPMorgan Chase Bank, N.A. Name: Title: Accepted and confirmed as to all of which recourse shall be had the date first written: The Bank of New York, not in its individual capacity but solely to the assets as Supplemental Interest Trust Trustee on behalf of the Supplemental Interest Trust with respect to ChaseFlex Trust Series 2007-2 Name: Title: Your reference number: Exhibit A SWAP NOTIONAL BALANCE SCHEDULE Calculation Calculation Period Scheduled Notional Period Start Date End Date Amount ($) April 30, 2007 May 25, 2007 297,605,000.00 May 25, 2007 June 25, 2007 294,833,602.96 June 25, 2007 July 25, 2007 291,788,316.00 July 25, 2007 August 25, 2007 288,475,108.34 August 25, 2007 September 25, 2007 284,900,235.13 September 25, 2007 October 25, 2007 281,070,861.69 October 25, 2007 November 25, 2007 276,995,309.67 November 25, 2007 December 25, 2007 272,683,909.41 December 25, 2007 January 25, 2008 268,149,906.12 January 25, 2008 February 25, 2008 263,416,554.89 February 25, 2008 March 25, 2008 258,565,000.19 March 25, 2008 April 25, 2008 253,695,566.16 April 25, 2008 May 25, 2008 248,885,607.61 May 25, 2008 June 25, 2008 244,165,446.25 June 25, 2008 July 25, 2008 239,533,412.50 July 25, 2008 August 25, 2008 234,987,867.73 August 25, 2008 September 25, 2008 230,527,203.70 September 25, 2008 October 25, 2008 226,149,841.97 October 25, 2008 November 25, 2008 221,854,233.39 November 25, 2008 December 25, 2008 217,638,857.54 December 25, 2008 January 25, 2009 213,502,222.18 January 25, 2009 February 25, 2009 209,442,862.75 February 25, 2009 March 25, 2009 205,459,341.84 March 25, 2009 April 25, 2009 201,550,248.72 April 25, 2009 May 25, 2009 197,714,198.82 May 25, 2009 June 25, 2009 193,949,833.22 June 25, 2009 July 25, 2009 190,255,818.26 July 25, 2009 August 25, 2009 186,630,844.97 August 25, 2009 September 25, 2009 183,073,628.68 September 25, 2009 October 25, 2009 179,582,908.56 October 25, 2009 November 25, 2009 176,157,447.16 November 25, 2009 December 25, 2009 172,796,029.99 December 25, 2009 January 25, 2010 169,497,465.09 January 25, 2010 February 25, 2010 166,260,582.61 February 25, 2010 March 25, 2010 163,084,234.42 March 25, 2010 April 25, 2010 159,967,293.68 April 25, 2010 May 25, 2010 156,908,654.48 May 25, 2010 June 25, 2010 153,907,231.39 June 25, 2010 July 25, 2010 150,961,959.18 July 25, 2010 August 25, 2010 148,071,792.34 August 25, 2010 September 25, 2010 145,273,578.62 September 25, 2010 October 25, 2010 142,535,091.56 October 25, 2010 November 25, 2010 139,847,855.05 November 25, 2010 December 25, 2010 137,210,914.61 December 25, 2010 January 25, 2011 134,623,333.46 January 25, 2011 February 25, 2011 132,084,192.23 February 25, 2011 March 25, 2011 129,592,588.59 March 25, 2011 April 25, 2011 127,147,636.99 Calculation Period Calculation Period Scheduled Notional Start Date End Date Amount ($) April 25, 2011 May 25, 2011 124,748,468.31 May 25, 2011 June 25, 2011 122,394,229.56 June 25, 2011 July 25, 2011 120,084,083.60 July 25, 2011 August 25, 2011 117,817,208.81 August 25, 2011 September 25, 2011 115,592,798.85 September 25, 2011 October 25, 2011 113,410,062.35 October 25, 2011 November 25, 2011 111,268,222.63 November 25, 2011 December 25, 2011 109,166,517.44 December 25, 2011 January 25, 2012 107,104,198.67 January 25, 2012 February 25, 2012 105,080,532.12 February 25, 2012 March 25, 2012 103,094,797.24 March 25, 2012 April 25, 2012 101,146,286.82 April 25, 2012 May 25, 2012 99,234,306.84 May 25, 2012 June 25, 2012 97,358,176.13 June 25, 2012 July 25, 2012 95,517,226.20 July 25, 2012 August 25, 2012 93,710,800.97 August 25, 2012 September 25, 2012 91,933,158.90 September 25, 2012 October 25, 2012 90,165,582.13 October 25, 2012 November 25, 2012 88,431,164.61 November 25, 2012 December 25, 2012 86,729,287.77 December 25, 2012 January 25, 2013 85,059,344.55 January 25, 2013 February 25, 2013 83,420,739.17 February 25, 2013 March 25, 2013 81,812,886.93 March 25, 2013 April 25, 2013 80,235,213.98 April 25, 2013 May 25, 2013 78,687,157.14 May 25, 2013 June 25, 2013 77,168,163.71 June 25, 2013 July 25, 2013 75,677,691.24 July 25, 2013 August 25, 2013 74,215,207.40 August 25, 2013 September 25, 2013 72,780,189.72 September 25, 2013 October 25, 2013 71,372,125.47 October 25, 2013 November 25, 2013 69,990,511.43 November 25, 2013 December 25, 2013 68,634,853.76 December 25, 2013 January 25, 2014 67,304,667.77 January 25, 2014 February 25, 2014 65,999,477.83 February 25, 2014 March 25, 2014 64,718,817.11 March 25, 2014 April 25, 2014 63,462,227.49 April 25, 2014 May 25, 2014 62,229,259.35 May 25, 2014 June 25, 2014 61,019,471.45 June 25, 2014 July 25, 2014 59,832,430.75 July 25, 2014 August 25, 2014 58,667,712.27 August 25, 2014 September 25, 2014 57,524,898.92 September 25, 2014 October 25, 2014 56,403,581.38 October 25, 2014 November 25, 2014 55,303,357.95 November 25, 2014 December 25, 2014 54,223,834.41 December 25, 2014 January 25, 2015 53,164,623.84 January 25, 2015 February 25, 2015 52,125,346.56 February 25, 2015 March 25, 2015 51,105,629.94 March 25, 2015 April 25, 2015 50,105,108.27 Calculation Period Calculation Period Scheduled Notional Start Date End Date Amount ($) April 25, 2015 May 25, 2015 49,123,422.68 May 25, 2015 June 25, 2015 48,160,220.94 June 25, 2015 July 25, 2015 47,215,157.40 July 25, 2015 August 25, 2015 46,287,892.85 August 25, 2015 September 25, 2015 45,378,094.37 September 25, 2015 October 25, 2015 44,485,435.26 October 25, 2015 November 25, 2015 43,609,594.89 November 25, 2015 December 25, 2015 42,750,258.60 December 25, 2015 January 25, 2016 41,907,117.60 January 25, 2016 February 25, 2016 41,079,868.83 February 25, 2016 March 25, 2016 40,268,214.90 March 25, 2016 April 25, 2016 39,471,863.93 April 25, 2016 May 25, 2016 38,690,529.50 May 25, 2016 June 25, 2016 37,923,890.83 June 25, 2016 July 25, 2016 37,171,713.02 July 25, 2016 August 25, 2016 36,433,725.32 August 25, 2016 September 25, 2016 35,709,662.02 September 25, 2016 October 25, 2016 34,999,262.36 October 25, 2016 November 25, 2016 34,302,228.45 November 25, 2016 December 25, 2016 33,618,259.50 December 25, 2016 January 25, 2017 32,946,624.61 January 25, 2017 February 25, 2017 32,286,535.23 February 25, 2017 March 25, 2017 31,630,657.60 March 25, 2017 April 25, 2017 30,974,377.13 April 25, 2017 May 25, 2017 30,318,503.78 May 25, 2017 June 25, 2017 29,670,160.37 June 25, 2017 July 25, 2017 29,034,559.81 July 25, 2017 August 25, 2017 0.00 EXHIBIT W-2 FORM OF SWAP CREDIT SUPPORT ANNEX ANNEX A PARAGRAPH 13 TO CREDIT SUPPORT ANNEX to the Schedule to the Master Agreement dated as of April 26, 2007 between JPMorgan Chase Bank, N.A. and The Bank of New York Trust Company, (“Mxxxxx”) N.A., not in accordance with the terms of the Pooling Agreement. The parties hereto acknowledge that Deutsche Bank National Trust Company its individual capacity but solely as Supplemental Interest Trust Trustee has been directed on behalf of the Supplemental Interest Trust with respect to enter into this Agreement pursuant to the Pooling Agreement.ChaseFlex Trust Series 2007-2 (“Counterparty”) Paragraph 13. Elections and Variables

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (ChaseFlex Trust Series 2007-2), Pooling and Servicing Agreement (ChaseFlex Trust Series 2007-2)

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.

Appears in 2 contracts

Samples: The Master Agreement (J.P. Morgan Alternative Loan Trust 2007-A2), Master Agreement (J.P. Morgan Alternative Loan Trust 2007-S1)

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.

Appears in 1 contract

Samples: Master Agreement (Adjustable Rate Mortgage Loan Trust 2007-2)

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.

Appears in 1 contract

Samples: Master Agreement (RALI Series 2008-QR1Trust)

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 parties hereto. Please confirm that the foregoing correctly sets forth the terms of our agreement by executing a copy of this Confirmation and returning it to us or by sending to us a letter, telex or facsimile substantially similar to this letter, which letter, telex or facsimile sets forth the Pooling Agreementmaterial terms of the Transaction to which this Confirmation relates and indicates agreement to those terms. The parties hereto acknowledge that Deutsche Bank National When referring to this Confirmation, please indicate: JPMorgan Deal Number(s): #0000000000000 / 0085013176 JPMorgan Chase Bank, N.A. /s/ Xxxxxx X. XxxxxxxxXx. Name: Xxxxxx X. Xxxxxxxx Xx. Title: Associate Accepted and confirmed as of the date first written: X.X. Xxxxxx Mortgage Acquisition Trust Company 2007-CH3 by: DEUTSCHE BANK NATIONAL TRUST COMPANY, not in its individual capacity but solely as Supplemental Interest Trust Trustee has been directed to enter into this Agreement pursuant to on behalf of the Pooling Agreement.X.X. Xxxxxx Mortgage Acquisition Trust 2007-CH3 supplemental interest trust /s/ Xxx Xxxxx Name: Xxx Xxxxx Title: Authorized Signer Your reference number: Exhibit A period start period end notional 05/15/07 05/25/07 1,129,535,000 05/25/07 06/25/07 1,102,313,000 06/25/07 07/25/07 1,071,300,000 07/25/07 08/25/07 1,036,779,000 08/25/07 09/25/07 1,000,237,000 09/25/07 10/25/07 959,544,000 10/25/07 11/25/07 919,416,000 11/25/07 12/25/07 878,166,000 12/25/07 01/25/08 838,212,000 01/25/08 02/25/08 799,859,000 02/25/08 03/25/08 764,010,000 03/25/08 04/25/08 728,229,000 04/25/08 05/25/08 693,619,000 05/25/08 06/25/08 660,902,000 06/25/08 07/25/08 629,639,000 07/25/08 08/25/08 599,904,000 08/25/08 09/25/08 569,502,000 09/25/08 10/25/08 510,308,000 10/25/08 11/25/08 459,473,000 11/25/08 12/25/08 295,578,000 12/25/08 01/25/09 227,144,000 01/25/09 02/25/09 206,230,000 02/25/09 03/25/09 189,116,000 03/25/09 04/25/09 177,592,000 04/25/09 05/25/09 167,454,000 05/25/09 06/25/09 157,799,000 06/25/09 07/25/09 148,603,000 07/25/09 08/25/09 139,843,000 08/25/09 09/25/09 125,136,000 09/25/09 10/25/09 117,570,000 10/25/09 11/25/09 101,678,000 11/25/09 12/25/09 86,266,000 12/25/09 01/25/10 90,253,000 01/25/10 02/25/10 95,810,000 02/25/10 03/25/10 93,547,000 03/25/10 04/25/10 90,135,000 04/25/10 05/25/10 86,850,000 05/25/10 06/25/10 83,659,000 06/25/10 07/25/10 80,613,000 07/25/10 08/25/10 77,679,000 08/25/10 09/25/10 74,847,000 09/25/10 10/25/10 72,125,000 10/25/10 11/25/10 69,504,000 11/25/10 12/25/10 66,978,000 12/25/10 01/25/11 64,546,000 01/25/11 02/25/11 62,202,000 02/25/11 03/25/11 59,944,000 03/25/11 04/25/11 56,911,000 04/25/11 05/25/11 54,867,000 05/25/11 06/25/11 52,605,000 06/25/11 07/25/11 50,724,000 07/25/11 08/25/11 48,500,000 08/25/11 09/25/11 46,775,000 09/25/11 10/25/11 45,108,000 10/25/11 11/25/11 43,339,000 11/25/11 12/25/11 40,595,000 12/25/11 01/25/12 38,316,000 01/25/12 02/25/12 36,737,000 02/25/12 03/25/12 35,215,000 03/25/12 04/25/12 33,746,000 04/25/12 05/25/12 32,330,000 05/25/12 06/25/12 30,964,000 06/25/12 07/25/12 29,646,000 07/25/12 08/25/12 28,376,000 08/25/12 09/25/12 27,150,000 09/25/12 10/25/12 25,968,000 10/25/12 11/25/12 24,828,000 11/25/12 12/25/12 23,728,000 12/25/12 01/25/13 22,668,000 01/25/13 02/25/13 21,645,000 02/25/13 03/25/13 20,658,000 03/25/13 04/25/13 19,707,000 04/25/13 05/25/13 18,790,000 05/25/13 06/25/13 17,905,000 06/25/13 07/25/13 17,051,000 Client Service Group All queries regarding confirmations should be sent to: JPMorgan Chase Bank, N.A. Contacts JPMorgan Contact Telephone Number Client Service Group (000 ) 0000000000 Group E-mail address: Facsimile: (000 ) 0000000000 Telex: Cable:

Appears in 1 contract

Samples: Pooling and Servicing Agreement (J.P. Morgan Mortgage Acquisition Trust 2007-Ch3)

Supplemental Interest Trust Trustee Capacity. It is expressly understood and agreed by the parties hereto that insofar as this Confirmation is executed by the Supplemental Interest Trust Trustee (i) this Agreement Confirmation is executed and delivered by Deutsche The Bank National of New York Trust Company Company, 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 and Servicing Agreement, dated as of June 1, 2007 (the “Supplemental Interest TrustPooling and Servicing Agreement) ), among Chase Mortgage Finance Corporation, as depositor, Chase Home Finance LLC, as seller, The Bank of New York Trust Company, N.A., 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 The Bank National of New York Trust Company Company, N.A. 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 under this Confirmation, and (iii) each of the representations, undertakings and agreements herein made on behalf of the Counterparty under is made and intended not as personal representations, undertakings and agreements of the Counterparty. Please confirm that the foregoing correctly sets forth the terms of our agreement by executing a copy of this Agreement Confirmation and returning it to us or any other related documentsby sending to us a letter, telex or facsimile substantially similar to this letter, which letter, telex or facsimile sets forth the material terms of the Transaction to which this Confirmation relates and indicates agreement to those terms. When referring to this Confirmation, please indicate: JPMorgan Deal Number(s): [ ] JPMorgan Chase Bank, N.A. Name: Title: Accepted and confirmed as to all of which recourse shall be had the date first written: The Bank of New York, not in its individual capacity but solely to the assets as Supplemental Interest Trust Trustee on behalf of the Supplemental Interest Trust with respect to ChaseFlex Trust Series 2007-3 Name: Title: Your reference number: Exhibit A SWAP NOTIONAL BALANCE SCHEDULE Calculation Period Calculation Period Scheduled Notional Start Date End Date Amount ($) June 29, 2007 July 25, 2007 122,829,300.00 July 25, 2007 August 25, 2007 121,755,351.26 August 25, 2007 September 25, 2007 120,566,806.11 September 25, 2007 October 25, 2007 119,265,783.18 October 25, 2007 November 25, 2007 117,855,107.20 November 25, 2007 December 25, 2007 116,337,526.62 December 25, 2007 January 25, 2008 114,717,737.43 January 25, 2008 February 25, 2008 112,999,018.73 February 25, 2008 March 25, 2008 111,184,931.96 March 25, 2008 April 25, 2008 109,283,666.16 April 25, 2008 May 25, 2008 107,309,733.20 May 25, 2008 June 25, 2008 105,286,992.32 June 25, 2008 July 25, 2008 103,280,825.02 July 25, 2008 August 25, 2008 101,312,049.26 August 25, 2008 September 25, 2008 99,379,970.76 September 25, 2008 October 25, 2008 97,483,908.05 October 25, 2008 November 25, 2008 95,623,192.32 November 25, 2008 December 25, 2008 93,797,167.14 December 25, 2008 January 25, 2009 92,005,188.23 January 25, 2009 February 25, 2009 90,246,623.27 February 25, 2009 March 25, 2009 88,520,851.61 March 25, 2009 April 25, 2009 86,827,264.13 April 25, 2009 May 25, 2009 85,165,262.99 May 25, 2009 June 25, 2009 83,534,261.43 June 25, 2009 July 25, 2009 81,933,683.55 July 25, 2009 August 25, 2009 80,362,964.12 August 25, 2009 September 25, 2009 78,821,548.39 September 25, 2009 October 25, 2009 77,308,891.89 October 25, 2009 November 25, 2009 75,824,460.23 November 25, 2009 December 25, 2009 74,367,728.93 December 25, 2009 January 25, 2010 72,938,183.22 January 25, 2010 February 25, 2010 71,535,317.88 February 25, 2010 March 25, 2010 70,158,637.06 March 25, 2010 April 25, 2010 68,807,654.08 April 25, 2010 May 25, 2010 67,481,891.28 May 25, 2010 June 25, 2010 66,180,879.88 June 25, 2010 July 25, 2010 64,904,159.75 July 25, 2010 August 25, 2010 63,651,279.33 August 25, 2010 September 25, 2010 62,421,795.40 September 25, 2010 October 25, 2010 61,215,272.96 October 25, 2010 November 25, 2010 60,045,604.64 November 25, 2010 December 25, 2010 58,916,264.74 December 25, 2010 January 25, 2011 57,808,021.43 January 25, 2011 February 25, 2011 56,720,482.37 February 25, 2011 March 25, 2011 55,653,262.53 March 25, 2011 April 25, 2011 54,605,984.00 April 25, 2011 May 25, 2011 53,578,275.86 May 25, 2011 June 25, 2011 52,569,774.10 Calculation Calculation Period Scheduled Notional Period Start Date End Date Amount ($) June 25, 2011 July 25, 2011 51,580,121.45 July 25, 2011 August 25, 2011 50,608,967.24 August 25, 2011 September 25, 2011 49,655,967.35 September 25, 2011 October 25, 2011 48,720,784.01 October 25, 2011 November 25, 2011 47,803,085.72 November 25, 2011 December 25, 2011 46,902,547.11 December 25, 2011 January 25, 2012 46,018,848.89 January 25, 2012 February 25, 2012 45,151,677.66 February 25, 2012 March 25, 2012 44,300,725.83 March 25, 2012 April 25, 2012 43,465,691.54 April 25, 2012 May 25, 2012 42,646,278.50 May 25, 2012 June 25, 2012 41,842,195.94 June 25, 2012 July 25, 2012 41,053,158.48 July 25, 2012 August 25, 2012 40,278,886.03 August 25, 2012 September 25, 2012 39,519,103.69 September 25, 2012 October 25, 2012 38,773,541.67 October 25, 2012 November 25, 2012 38,041,935.20 November 25, 2012 December 25, 2012 37,324,024.39 December 25, 2012 January 25, 2013 36,619,554.20 January 25, 2013 February 25, 2013 35,928,274.31 February 25, 2013 March 25, 2013 35,249,939.05 March 25, 2013 April 25, 2013 34,584,307.31 April 25, 2013 May 25, 2013 33,931,142.46 May 25, 2013 June 25, 2013 33,290,212.25 June 25, 2013 July 25, 2013 32,661,288.74 July 25, 2013 August 25, 2013 32,044,148.24 August 25, 2013 September 25, 2013 31,438,571.20 September 25, 2013 October 25, 2013 30,844,342.15 October 25, 2013 November 25, 2013 30,261,249.60 November 25, 2013 December 25, 2013 29,689,086.03 December 25, 2013 January 25, 2014 29,127,647.72 January 25, 2014 February 25, 2014 28,576,734.79 February 25, 2014 March 25, 2014 28,036,151.01 March 25, 2014 April 25, 2014 27,505,703.85 April 25, 2014 May 25, 2014 26,985,204.31 May 25, 2014 June 25, 2014 26,474,466.94 EXHIBIT W-2 FORM OF SWAP CREDIT SUPPORT ANNEX ANNEX A PARAGRAPH 13 TO CREDIT SUPPORT ANNEX to the Schedule to the Master Agreement dated as of June 28, 2007 between JPMorgan Chase Bank, N.A. (“Mxxxxx”) and The Bank of New York Trust Company, N.A., not in accordance with the terms of the Pooling Agreement. The parties hereto acknowledge that Deutsche Bank National Trust Company its individual capacity but solely as Supplemental Interest Trust Trustee has been directed on behalf of the Supplemental Interest Trust with respect to enter into this Agreement pursuant to the Pooling Agreement.ChaseFlex Trust Series 2007-3 (“Counterparty”) Paragraph 13. Elections and Variables

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ChaseFlex Trust Series 2007-3)

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 parties hereto. Please confirm that the foregoing correctly sets forth the terms of our agreement by executing a copy of this Confirmation and returning it to us or by sending to us a letter, telex or facsimile substantially similar to this letter, which letter, telex or facsimile sets forth the Pooling Agreementmaterial terms of the Transaction to which this Confirmation relates and indicates agreement to those terms. The parties hereto acknowledge that Deutsche Bank National When referring to this Confirmation, please indicate: JPMorgan Deal Number(s): #6900033874621 / 0085008732 JPMorgan Chase Bank, N.A. /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Associate Accepted and confirmed as of the date first written: X.X. Xxxxxx Mortgage Acquisition Trust Company 2007-CH2 by: DEUTSCHE BANK NATIONAL TRUST COMPANY, not in its individual capacity but solely as Supplemental Interest Trust Trustee has been directed on behalf of the X.X. Xxxxxx Mortgage Acquisition Trust 2007-CH2 supplemental interest trust /s/ Xxx Xxxxx Name: Xxx Xxxxx Title: Authorized Signer Your reference number: Exhibit A period start period end notional 3/15/2007 3/25/2007 482,110,000.00 3/25/2007 4/25/2007 474,049,000.00 4/25/2007 5/25/2007 464,411,000.00 5/25/2007 6/25/2007 453,224,000.00 6/25/2007 7/25/2007 440,524,000.00 7/25/2007 8/25/2007 426,367,000.00 8/25/2007 9/25/2007 410,928,000.00 9/25/2007 10/25/2007 394,561,000.00 10/25/2007 11/25/2007 377,557,000.00 11/25/2007 12/25/2007 361,176,000.00 12/25/2007 1/25/2008 345,483,000.00 1/25/2008 2/25/2008 330,448,000.00 2/25/2008 3/25/2008 316,044,000.00 3/25/2008 4/25/2008 302,244,000.00 4/25/2008 5/25/2008 289,021,000.00 5/25/2008 6/25/2008 276,351,000.00 6/25/2008 7/25/2008 264,211,000.00 7/25/2008 8/25/2008 252,578,000.00 8/25/2008 9/25/2008 241,430,000.00 9/25/2008 10/25/2008 219,235,000.00 10/25/2008 11/25/2008 143,001,000.00 11/25/2008 12/25/2008 118,627,000.00 12/25/2008 1/25/2009 106,186,000.00 1/25/2009 2/25/2009 95,974,000.00 2/25/2009 3/25/2009 90,814,000.00 3/25/2009 4/25/2009 85,941,000.00 4/25/2009 5/25/2009 81,305,000.00 5/25/2009 6/25/2009 76,893,000.00 6/25/2009 7/25/2009 72,694,000.00 7/25/2009 8/25/2009 68,697,000.00 8/25/2009 9/25/2009 64,889,000.00 9/25/2009 10/25/2009 59,185,000.00 10/25/2009 11/25/2009 39,365,000.00 11/25/2009 12/25/2009 41,991,000.00 12/25/2009 1/25/2010 44,461,000.00 1/25/2010 2/25/2010 43,268,000.00 2/25/2010 3/25/2010 41,910,000.00 3/25/2010 4/25/2010 40,596,000.00 4/25/2010 5/25/2010 39,325,000.00 5/25/2010 6/25/2010 38,095,000.00 6/25/2010 7/25/2010 36,904,000.00 7/25/2010 8/25/2010 35,751,000.00 8/25/2010 9/25/2010 34,635,000.00 9/25/2010 10/25/2010 33,555,000.00 10/25/2010 11/25/2010 32,510,000.00 11/25/2010 12/25/2010 31,497,000.00 12/25/2010 1/25/2011 30,517,000.00 1/25/2011 2/25/2011 29,568,000.00 Client Service Group All queries regarding confirmations should be sent to: JPMorgan Chase Bank, N.A. Contacts JPMorgan Contact Telephone Number Client Service Group (000 ) 0000000000 Group E-mail address: Facsimile: (000 ) 0000000000 Telex: Cable: Please quote the JPMorgan deal number(s): #6900033874621 / 0085008732 Interest Rate Cap Transaction The purpose of this letter agreement is to enter confirm the terms and conditions of the Transaction entered into between: JPMORGAN CHASE BANK, N.A. ("JPMorgan") and X.X. Xxxxxx Mortgage Acquisition Trust 2007-CH2 by DEUTSCHE BANK NATIONAL TRUST COMPANY, not in its individual capacity but solely as Supplemental Interest Trust Trustee on behalf of the X.X. Xxxxxx Mortgage Acquisition Trust 2007-CH2 supplemental interest trust (the "Counterparty") on the Trade Date and identified by the JPMorgan Deal Number specified below (the "Transaction"). This letter agreement constitutes a "Confirmation" as referred to in the Master Agreement specified below, and supersedes any previous confirmation or other writing with respect to the transaction described below. The definitions and provisions contained in the 2000 ISDA Definitions (the "Definitions"), as published by the International Swaps and Derivatives Association, Inc. are incorporated into this Confirmation. In the event of any inconsistency between those definitions and provisions and this Confirmation, this Confirmation will govern. This Confirmation supplements, forms part of, and is subject to, the ISDA Master Agreement pursuant dated as of 15 March 2007, as amended and supplemented from time to time (the Pooling "Agreement."), between JPMORGAN CHASE BANK, N.A. ("JPMorgan") and X.X. Xxxxxx Mortgage Acquisition Trust 2007-CH2 by DEUTSCHE BANK NATIONAL TRUST COMPANY, not in its individual capacity but solely as Supplemental Interest Trust Trustee on behalf of the X.X. Xxxxxx Mortgage Acquisition Trust 2007-CH2 supplemental interest trust (the "Counterparty"). All provisions contained in the Agreement govern this Confirmation except as expressly modified below. The terms of the particular Interest Rate Cap Transaction to which this Confirmation relates are as follows:

Appears in 1 contract

Samples: Master Agreement (Jpmac 2007-Ch2)

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.

Appears in 1 contract

Samples: Master Agreement (Adjustable Rate Mortgage Loan Trust 2007-2)

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-CH1 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 parties hereto. Please confirm that the foregoing correctly sets forth the terms of our agreement by executing a copy of this Confirmation and returning it to us or by sending to us a letter, telex or facsimile substantially similar to this letter, which letter, telex or facsimile sets forth the Pooling Agreementmaterial terms of the Transaction to which this Confirmation relates and indicates agreement to those terms. The parties hereto acknowledge that Deutsche Bank National When referring to this Confirmation, please indicate: JPMorgan Deal Number(s): #2000005088265 / 2000005088266 JPMorgan Chase Bank, N.A. /s/ Xxxxxx X. Xxxxxxxx Xx. Name: Xxxxxx X. Xxxxxxxx Xx. Title: Associate Accepted and confirmed as of the date first written: X.X. Xxxxxx Mortgage Acquisition Trust Company 2007-CH1 by: DEUTSCHE BANK NATIONAL TRUST COMPANY, not in its individual capacity but solely as Supplemental Interest Trust Trustee has been directed on behalf of the X.X. Xxxxxx Mortgage Acquisition Trust 2007-CH1 supplemental interest trust /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Authorized Signer Your reference number: Exhibit A start period end period Notional Cap Rate 03/25/07 04/25/07 117,769,000.00 6.347 04/25/07 05/25/07 110,672,000.00 6.561 05/25/07 06/25/07 103,712,000.00 6.347 06/25/07 07/25/07 96,884,000.00 6.561 07/25/07 08/25/07 90,187,000.00 6.347 08/25/07 09/25/07 83,618,000.00 6.347 09/25/07 10/25/07 77,174,000.00 6.561 10/25/07 11/25/07 70,854,000.00 6.347 11/25/07 12/25/07 64,655,000.00 6.561 12/25/07 01/25/08 58,575,000.00 6.347 01/25/08 02/25/08 52,611,000.00 6.347 02/25/08 03/25/08 46,761,000.00 6.790 03/25/08 04/25/08 41,023,000.00 6.347 04/25/08 05/25/08 35,396,000.00 6.561 05/25/08 06/25/08 29,876,000.00 6.347 06/25/08 07/25/08 24,462,000.00 6.561 07/25/08 08/25/08 19,152,000.00 6.347 08/25/08 09/25/08 13,944,000.00 6.347 09/25/08 10/25/08 8,835,000.00 6.561 10/25/08 11/25/08 3,825,000.00 6.347 Client Service Group All queries regarding confirmations should be sent to: JPMorgan Chase Bank, N.A. Contacts JPMorgan Contact Telephone Number Client Service Group (000 ) 0000000000 Group E-mail address: Facsimile: (000 ) 0000000000 Telex: Cable: Please quote the JPMorgan deal number(s): 2000005088265 / 2000005088266 Interest Rate Swap Transaction The purpose of this letter agreement is to enter confirm the terms and conditions of the Transaction entered into between: JPMORGAN CHASE BANK, N.A. ("JPMorgan") and X.X. Xxxxxx Mortgage Acquisition Trust 2007-CH1 by: DEUTSCHE BANK NATIONAL TRUST COMPANY, not in its individual capacity but solely as Supplemental Interest Trust Trustee on behalf of the X.X. Xxxxxx Mortgage Acquisition Trust 2007-CH1 supplemental interest trust (the "Counterparty") on the Trade Date and identified by the JPMorgan Deal Number specified below (the "Transaction"). This letter agreement constitutes a "Confirmation" as referred to in the Master Agreement specified below, and supersedes any previous confirmation or other writing with respect to the transaction described below. The definitions and provisions contained in the 2000 ISDA Definitions (the "Definitions"), as published by the International Swaps and Derivatives Association, Inc. are incorporated into this Confirmation. In the event of any inconsistency between those definitions and provisions and this Confirmation, this Confirmation will govern. This Confirmation supplements, forms part of, and is subject to, the ISDA Master Agreement pursuant dated as of 13 March 2007, as amended and supplemented from time to time (the Pooling "Agreement."), between JPMORGAN CHASE BANK, N.A. ("JPMorgan") and X.X. Xxxxxx Mortgage Acquisition Trust 2007-CH1 by: DEUTSCHE BANK NATIONAL TRUST COMPANY, not in its individual capacity but solely as Supplemental Interest Trust Trustee on behalf of the X.X. Xxxxxx Mortgage Acquisition Trust 2007-CH1 supplemental interest trust (the "Counterparty"). All provisions contained in the Agreement govern this Confirmation except as expressly modified below. The terms of the particular Interest Rate Swap Transaction to which this Confirmation relates are as follows:

Appears in 1 contract

Samples: Master Agreement (Jpmac 2007-Ch1)

AutoNDA by SimpleDocs

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.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Nc2)

Supplemental Interest Trust Trustee Capacity. It is expressly understood and agreed by the parties hereto that (i) this Agreement Confirmation is executed and delivered by Deutsche Bank National Trust Company (“Deutsche Bank”) 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 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 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 CompanyBank, 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 Trust Company 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 Confirmation 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 AgreementPSA. The parties hereto acknowledge Please confirm that the foregoing correctly sets forth the terms of our agreement by executing the copy of this Confirmation enclosed for that purpose and returning it to us to the fax number specified below or by sending to us a letter substantially similar to this letter, which letters set forth the material terms of the Swap Transaction to which the Confirmation relates and indicates your agreement to those terms. Fax Number: +00 00 0000 0000 +00 00 0000 0000 +00 00 0000 0000 Telephone Number: +00 00 0000 0000 Yours Faithfully, ABN AMRO Bank N.V. By:____/s/ Xxxxxx Furlong______ Name: Xxxxxx Xxxxxxx Title: Authorised Signature By:____/s/ Xxxxxxxx Bullock_____ Name: Xxxxxxxx Xxxxxxx Title: Authorised Signature Confirmed as of the date first written above: Deutsche Bank National Trust Company Company, not in its individual capacity but solely as Supplemental Interest Trust Trustee has been directed on behalf of Long Beach Mortgage Loan Supplemental Interest Trust 2006‑10 By:______/s/ Ronaldo Reyes_______ Name: Xxxxxxx Xxxxx Title: Vice President By:______/s/ Xxxxxxx Wilman_______ Name: Xxxxxxx Xxxxxx Title: Vice President NOTIONAL AMOUNT SCHEDULE Calculation Period in respect of the Payment Date scheduled to enter into this Agreement pursuant to the Pooling Agreement.occur on*: Notional Amount January 25, 2007 USD 793,608,174 February 25, 2007 USD 786,955,607 March 25, 2007 USD 779,125,810 April 25, 2007 USD 770,127,746 May 25, 2007 USD 759,976,417 June 25, 2007 USD 757,821,364 July 25, 2007 USD 754,241,970 August 25, 2007 USD 749,003,364 September 25, 2007 USD 742,094,613 October 25, 2007 USD 733,302,148 November 25, 2007 USD 721,675,716 December 25, 2007 USD 702,217,031 January 25, 2008 USD 681,569,041 February 25, 2008 USD 660,561,732 March 25, 2008 USD 640,240,900 April 25, 2008 USD 620,566,635 May 25, 2008 USD 601,495,531 June 25, 2008 USD 583,951,393 July 25, 2008 USD 567,286,512 August 25, 2008 USD 551,586,265 September 25, 2008 USD 536,723,489 October 25, 2008 USD 527,630,858 November 25, 2008 USD 363,055,391 December 25, 2008 USD 335,902,160 January 25, 2009 USD 306,843,489 February 25, 2009 USD 282,944,615 March 25, 2009 USD 264,541,422 April 25, 2009 USD 249,397,262 May 25, 2009 USD 236,396,966 June 25, 2009 USD 225,078,061 July 25, 2009 USD 215,476,633 August 25, 2009 USD 206,475,845 September 25, 2009 USD 197,838,666 October 25, 2009 USD 189,573,012 November 25, 2009 USD 178,395,962 December 25, 2009 USD 176,825,817 January 25, 2010 USD 161,238,368 February 25, 2010 USD 153,024,886 March 25, 2010 USD 145,168,864 April 25, 2010 USD 137,774,029 May 25, 2010 USD 130,751,457 June 25, 2010 USD 124,064,212 July 25, 2010 USD 117,864,564 August 25, 2010 USD 111,998,664 September 25, 2010 USD 106,779,988 October 25, 2010 USD 101,757,385 November 25, 2010 USD 96,923,644 December 25, 2010 USD 91,705,136 January 25, 2011 USD 86,316,665 February 25, 2011 USD 81,232,250 March 25, 2011 USD 76,382,111 April 25, 2011 USD 71,195,396 May 25, 2011 USD 66,453,024 June 25, 2011 USD 62,021,338 July 25, 2011 USD 57,582,559 August 25, 2011 USD 53,601,364 September 25, 2011 USD 49,990,207 October 25, 2011 USD 46,669,565 November 25, 2011 USD 43,698,736

Appears in 1 contract

Samples: Master Agreement (Long Beach Mortgage Loan Trust 2006-10)

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 parties hereto. Please confirm that the foregoing correctly sets forth the terms of our agreement by executing a copy of this Confirmation and returning it to us or by sending to us a letter, telex or facsimile substantially similar to this letter, which letter, telex or facsimile sets forth the Pooling Agreementmaterial terms of the Transaction to which this Confirmation relates and indicates agreement to those terms. The parties hereto acknowledge that Deutsche Bank National When referring to this Confirmation, please indicate: JPMorgan Deal Number(s): #2000005089006 / 2000005089007 JPMorgan Chase Bank, N.A. /s/ Xxxx Xxxxx Name: Xxxx Xxxxx Title: Associate Accepted and confirmed as of the date first written: X.X. Xxxxxx Mortgage Acquisition Trust Company 2007-CH2 by: DEUTSCHE BANK NATIONAL TRUST COMPANY, not in its individual capacity but solely as Supplemental Interest Trust Trustee has been directed to enter into this Agreement pursuant to on behalf of the Pooling Agreement.X.X. Xxxxxx Mortgage Acquisition Trust 2007-CH2 supplemental interest trust /s/ Xxx Xxxxx Name: Xxx Xxxxx Title: Authorized Signer Your reference number: Exhibit A start period end period Notional Cap Rate 3/25/2007 4/25/2007 31,855,532.25 7.082 4/25/2007 5/25/2007 30,515,605.40 7.320 5/25/2007 6/25/2007 28,982,826.80 7.082 6/25/2007 7/25/2007 27,260,926.62 7.320 7/25/2007 8/25/2007 25,354,685.50 7.081 8/25/2007 9/25/2007 23,364,166.98 7.081 9/25/2007 10/25/2007 21,410,205.87 7.320 10/25/2007 11/25/2007 19,493,114.60 7.081 11/25/2007 12/25/2007 17,612,203.55 7.320 12/25/2007 1/25/2008 15,766,795.93 7.081 1/25/2008 2/25/2008 13,956,227.53 7.081 2/25/2008 3/25/2008 12,179,846.51 7.575 3/25/2008 4/25/2008 10,437,013.14 7.081 4/25/2008 5/25/2008 8,727,099.62 7.320 5/25/2008 6/25/2008 7,049,489.80 7.081 6/25/2008 7/25/2008 5,403,579.03 7.319 7/25/2008 8/25/2008 3,788,773.89 7.081 8/25/2008 9/25/2008 2,204,492.01 7.081 9/25/2008 10/25/2008 650,161.86 7.319 Client Service Group All queries regarding confirmations should be sent to: JPMorgan Chase Bank, N.A. Contacts JPMorgan Contact Telephone Number Client Service Group (000 ) 0000000000 Group E-mail address: Facsimile: (000 ) 0000000000 Telex: Cable:

Appears in 1 contract

Samples: Master Agreement (Jpmac 2007-Ch2)

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 DBNTC 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-CH1 and (iv) nothing herein contained shall be had 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 parties hereto, and such waiver shall bind any third party making a claim by or through one the parties hereto. Please confirm that the foregoing correctly sets forth the terms of our agreement by executing a copy of this Confirmation and returning it to us or by sending to us a letter, telex or facsimile substantially similar to this letter, which letter, telex or facsimile sets forth the material terms of the Transaction to which this Confirmation relates and indicates agreement to those terms. When referring to this Confirmation, please indicate: JPMorgan Deal Number(s): # 0000000000000 / 0080009792 JPMorgan Chase Bank, N.A. /s/ Xxxxxx X. Xxxxxxxx Xx. Name: Xxxxxx X. Xxxxxxxx Xx. Title: Associate Accepted and confirmed as of the date first written: X.X. Xxxxxx Mortgage Acquisition Trust 2007-CH1 by: DEUTSCHE BANK NATIONAL TRUST COMPANY, not in its individual capacity but solely as Supplemental Interest Trust Trustee on behalf of the X.X. Xxxxxx Mortgage Acquisition Trust 2007-CH1 supplemental interest trust /s/ Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Authorized Signer Your reference number: Exhibit A period start period end notional 03/13/07 03/25/07 767,740,000 03/25/07 04/25/07 731,517,000 04/25/07 05/25/07 687,986,000 05/25/07 06/25/07 644,990,000 06/25/07 07/25/07 605,238,000 07/25/07 08/25/07 561,683,000 08/25/07 09/25/07 447,018,000 09/25/07 10/25/07 357,612,000 10/25/07 11/25/07 281,590,000 11/25/07 12/25/07 258,039,000 12/25/07 01/25/08 240,330,000 01/25/08 02/25/08 226,143,000 02/25/08 03/25/08 214,980,000 03/25/08 04/25/08 204,423,000 04/25/08 05/25/08 194,268,000 05/25/08 06/25/08 181,782,000 06/25/08 07/25/08 172,204,000 07/25/08 08/25/08 157,400,000 08/25/08 09/25/08 125,212,000 09/25/08 10/25/08 113,487,000 10/25/08 11/25/08 108,337,000 11/25/08 12/25/08 103,338,000 12/25/08 01/25/09 98,682,000 01/25/09 02/25/09 94,212,000 02/25/09 03/25/09 89,920,000 03/25/09 04/25/09 85,797,000 04/25/09 05/25/09 81,836,000 05/25/09 06/25/09 77,985,000 06/25/09 07/25/09 74,330,000 07/25/09 08/25/09 70,817,000 08/25/09 09/25/09 74,261,000 09/25/09 10/25/09 77,527,000 10/25/09 11/25/09 77,791,000 11/25/09 12/25/09 75,161,000 12/25/09 01/25/10 72,626,000 01/25/10 02/25/10 70,112,000 02/25/10 03/25/10 66,494,000 03/25/10 04/25/10 63,778,000 04/25/10 05/25/10 55,813,000 05/25/10 06/25/10 54,163,000 06/25/10 07/25/10 52,308,000 07/25/10 08/25/10 50,644,000 08/25/10 09/25/10 49,151,000 09/25/10 10/25/10 47,700,000 10/25/10 11/25/10 46,289,000 11/25/10 12/25/10 44,902,000 12/25/10 01/25/11 43,563,000 01/25/11 02/25/11 42,269,000 02/25/11 03/25/11 41,011,000 03/25/11 04/25/11 39,790,000 04/25/11 05/25/11 38,477,000 05/25/11 06/25/11 37,165,000 06/25/11 07/25/11 35,895,000 07/25/11 08/25/11 34,652,000 08/25/11 09/25/11 33,460,000 09/25/11 10/25/11 32,304,000 10/25/11 11/25/11 31,183,000 11/25/11 12/25/11 30,096,000 12/25/11 01/25/12 29,043,000 01/25/12 02/25/12 28,021,000 02/25/12 03/25/12 27,031,000 03/25/12 04/25/12 26,071,000 04/25/12 05/25/12 25,141,000 05/25/12 06/25/12 24,238,000 Client Service Group All queries regarding confirmations should be sent to: JPMorgan Chase Bank, N.A. Contacts JPMorgan Contact Telephone Number Client Service Group (000 ) 0000000000 Group E-mail address: Facsimile: (000 ) 0000000000 Telex: Cable: Please quote the JPMorgan deal number(s): # 0000000000000 / 0080009792 EXECUTION COPY SCHEDULE to the assets Master Agreement dated as of March 13, 2007 between JPMorgan Chase Bank, N.A. (“Xxxxxx”) and X.X. Xxxxxx Mortgage Acquisition Trust 2007-CH1 by: Deutsche Bank National Trust Company, not in its individual capacity but solely as Supplemental Interest Trust Trustee on behalf of the Supplemental Interest Trust in accordance with the terms of created under 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 and Servicing Agreement pursuant relating to the Pooling Agreement.X.X. Xxxxxx Mortgage Acquisition Trust 2007-CH1 (“Counterparty”)

Appears in 1 contract

Samples: Master Agreement (Jpmac 2007-Ch1)

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.

Appears in 1 contract

Samples: Pooling Agreement (Luminent Mortgage Trust 2006-7)

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.

Appears in 1 contract

Samples: Pooling Agreement (Luminent Mortgage Trust 2006-7)

Time is Money Join Law Insider Premium to draft better contracts faster.