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f 3. Execute bonds, Notes, Security Instruments and other contracts, agreements and instruments regarding the Loans and /or the Property, including but not limited to the execution of releases, satisfactions and assignments, and the execution of deeds and associated instruments, if any, conveying the Property, in the interest of HSBC Bank USA, National Association as Trustee of the trusts. 4. Endorse, on behalf of HSBC Bank USA, National Association all checks, drafts and /or other negotiable instruments made payable to HSBC Bank USA, National Association as Trustee of the Trusts. Notwithstanding anything continued herein to the contrary, the Servicer shall not, without the Trustee's written consent: (i) initiate any action, suit or proceeding directly relating to the servicing of a Loan solely under HSBC Bank USA, National Association as Trustee's name without indicating Servicer's representative capacity, (ii) initiate any other action, suit or proceeding not directly relating to the servicing of a Loan (including but not limited to actions, suits or proceedings against Certificateholders, or against the Depositor] for breaches of representations and warranties) solely under the Trustee's name, (iii) engage counsel to represent the Trustee in any action, suit or proceeding not directly relating to the servicing of a Loan (including but not limited to actions, suits or proceedings against Certificateholders, or against the Depositor for breaches of representations and warranties), or (iv) prepare, execute or deliver any government filings, forms, permits, registrations or other documents or take any action with the intent to cause, and that actually causes, the Trustee to be registered to do business in any state. Witness my hand and seal this _17th_ day of _February _ , 2009. HSBC Bank USA, National Association as Trustee, and not individually By (Name & Title): _ Fernando Acebedo Vice President By (Name & Title): _ Susie Moy Vice President Witness (Name & Title): _ Alexander Pabon Vice President Witness (Name & Title): _ Doris Wong AVP Attest (Name & Title): Nancy Luong Corporate Trust Specialist 201302962