Deutsche Bank National Trust Company. By: --------------------------------------- Name: Title: EXHIBIT F-3 FORM OF RECEIPT OF MORTGAGE NOTE Financial Asset Securities Corp. 000 Xxxxxxxxx Xxxx Xxxxxxxxx, Xxxxxxxxxxx 00000 Re: Soundivew Home Loan Trust 2004-WMC1, Asset-Backed Certificates Series 2004-WMC1 ------------------------------------------ Ladies and Gentlemen: Pursuant to Section 2.01 of the Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated as of December 1, 2004 among Financial Asset Securities Corp., as Depositor, Saxon Mortgage Services, Inc., as Servicer and Deutsche Bank National Trust Company, as Trustee, we hereby acknowledge the receipt of the original Mortgage Notes (a copy of which is attached hereto as Exhibit 1) with any exceptions thereto listed on Exhibit 2. DEUTSCHE BANK NATIONAL TRUST COMPANY By: ------------------------------------- Name: Title: EXHIBIT G [RESERVED] EXHIBIT H FORM OF LOST NOTE AFFIDAVIT Personally appeared before me the undersigned authority to administer oaths, __________________ who first being duly sworn deposes and says: Deponent is __________________________ of ____________________________, successor by merger to _________________________ ("Seller") and who has personal knowledge of the facts set out in this affidavit. On _________________________________, _________________________________ did execute and deliver a promissory note in the principal amount of $____________________. That said note has been misplaced or lost through causes unknown and is presently lost and unavailable after diligent search has been made. Seller's records show that an amount of principal and interest on said note is still presently outstanding, due, and unpaid, and Seller is still owner and holder in due course of said lost note. Seller executes this Affidavit for the purpose of inducing Deutsche Bank National Trust Company, as trustee on behalf of Soundview Home Loan Trust 2004-WMC1, Asset-Backed Certificates Series 2004-WMC1, to accept the transfer of the above described loan from Seller. Seller agrees to indemnify Deutsche Bank National Trust Company and Financial Asset Securities Corp. harmless for any losses incurred by such parties resulting from the above described promissory note has been lost or misplaced. By: _______________________ _______________________ STATE OF ) ) SS: COUNTY OF ) On this ______ day of ______________, 20_, before me, a Notary Public, in and for said County and State, appeared , who acknowledged the extension of...
Deutsche Bank National Trust Company. Please acknowledge the execution of the above request by your signature and date below: Signature Date Documents returned to Trustee: Trustee Date EXHIBIT F-1 FORM OF TRUSTEE’S INITIAL CERTIFICATION December __, 2006 Financial Asset Securities Corp. 000 Xxxxxxxxx Xxxx Xxxxxxxxx, Xxxxxxxxxxx 00000 Re: Pooling and Servicing Agreement dated as of December 1, 2006, among Financial Asset Securities Corp. as Depositor, Ocwen Loan Servicing, LLC as Servicer, Xxxxx Fargo Bank, N.A. as Master Servicer and Trust Administrator and Deutsche Bank National Trust Company, a national banking association, as Trustee Ladies and Gentlemen: Attached is the Trustee’s preliminary exception report delivered in accordance with Section 2.02 of the referenced Pooling and Servicing Agreement (the “Pooling and Servicing Agreement”). Capitalized terms used but not otherwise defined herein shall have the meanings set forth in the Pooling and Servicing Agreement. The Trustee has made no independent examination of any documents contained in each Mortgage File beyond the review specifically required in the Pooling and Servicing Agreement. The Trustee makes no representations as to (i) the validity, legality, sufficiency, enforceability or genuineness of any of the documents contained in the Mortgage File pertaining to the Mortgage Loans identified on the Mortgage Loan Schedule, (ii) the collectability, insurability, effectiveness or suitability of any such Mortgage Loan or (iii) whether any Mortgage File includes any of the documents specified in clause (vi) of Section 2.01 of the Pooling and Servicing Agreement. [DEUTSCHE BANK NATIONAL TRUST COMPANY] By: Name: Title: EXHIBIT F-2 FORM OF TRUSTEE’S FINAL CERTIFICATION ________________ [Date] Financial Asset Securities Corp. 000 Xxxxxxxxx Xxxx Xxxxxxxxx, Xxxxxxxxxxx 00000 Re: Pooling and Servicing Agreement (the “Pooling and Servicing Agreement”), dated as of December 1, 2006 among Financial Asset Securities Corp., as Depositor, Ocwen Loan Servicing, LLC as Servicer, Xxxxx Fargo Bank, N.A. as Master Servicer and Trust Administrator and Deutsche Bank National Trust Company, as Trustee with respect to Soundview Home Loan Trust 2006-EQ2, Asset-Backed Certificates, Series 2006-EQ2 Ladies and Gentlemen: In accordance with Section 2.02 of the Pooling and Servicing Agreement, the undersigned, as Trustee, hereby certifies that as to each Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage loan paid in full or listed on Sched...
Deutsche Bank National Trust Company. By: ----------------------------------- Name: Title: EXHIBIT F-2 FORM OF TRUSTEE'S FINAL CERTIFICATION ---------------- [Date] Financial Asset Securities Corp. 000 Xxxxxxxxx Xxxx Xxxxxxxxx, Xxxxxxxxxxx 00000 Re: Pooling and Servicing Agreement (the "Pooling and Servicing Agreement"), dated as of December 1, 2004 among Financial Asset Securities Corp., as Depositor, Saxon Mortgage Services, Inc., as Servicer and Deutsche Bank National Trust Company, as Trustee with respect to Soundview Home Loan Trust 2004-WMC1, Asset-Backed Certificates, Series 2004-WMC1 -------------------------------------------------------------- Ladies and Gentlemen: In accordance with Section 2.02 of the Pooling and Servicing Agreement, the undersigned, as Trustee, hereby certifies that as to each Mortgage Loan listed in the Mortgage Loan Schedule (other than any Mortgage loan paid in full or listed on Schedule I hereto) it (or its custodian) has received the applicable documents listed in Section 2.01 of the Pooling and Servicing Agreement. The undersigned hereby certifies that as to each Mortgage Loan identified on the Mortgage Loan Schedule, other than any Mortgage Loan listed on Schedule I hereto, it has reviewed the documents listed above and has determined that each such document appears to be complete and, based on an examination of such documents, the information set forth in items 1, 3, 10, 11 and 15 of the definition of Mortgage Loan Schedule in the Pooling and Servicing Agreement accurately reflects information in the Mortgage File. Capitalized words and phrases used herein shall have the respective meanings assigned to them in the Pooling and Servicing Agreement. This Certificate is qualified in all respects by the terms of said Pooling and Servicing Agreement.
Deutsche Bank National Trust Company is hereby appointed as a trustee of the Trust, to have all the rights, duties and obligations of the Trustee with respect to the Trust hereunder, and Deutsche Bank National Trust Company hereby accepts such appointment and the Trust created hereby. Deutsche Bank Trust Company Delaware, is xxxxxx appointed as a Delaware trustee of the Trust, to have all the rights, duties and obligations of the Delaware Trustee with respect to the Trust hereunder, and Deutsche Bank Trust Company Delaware, hereby accepts such appointment and the Trust created hereby. It is the intention of the Company, the Trustee and the Delaware Trustee that the Trust constitute a statutory trust under the Statutory Trust Statute, that this Agreement constitute the governing instrument of the Trust, and that this Agreement amend and restate the Original Trust Agreement. The parties hereto acknowledge and agree that, prior to the execution and delivery hereof, the Delaware Trustee has filed the Certificate of Trust. The parties hereto acknowledge that the Trust includes two separate pools of mortgage loans (referred to herein as Loan Groups), and that the assets of each Loan Group are available to make payments to the holders of Certificates as provided in the definitions of “REMIC I Distribution Amount,” “REMIC II Distribution Amount” and “REMIC III Distribution Amount” Section 4.01, Section 4.04 and Section 4.05 hereof. The assets of the Trust shall remain in the custody of the Trustee, on behalf of the Trust, and shall be owned by the Trust except as otherwise expressly set forth herein. Moneys to the credit of the Trust shall be held by the Trustee and invested as provided herein. All assets received and held in the Trust will not be subject to any right, charge, security interest, lien or claim of any kind in favor of either of Deutsche Bank National Trust Company or Deutsche Bank Trust Company Delaware in its own right, or any Person claiming through it. Neither the Trustee nor the Delaware Trustee, on behalf of the Trust, shall have the power or authority to transfer, assign, hypothecate, pledge or otherwise dispose of any of the assets of the Trust to any Person, except as permitted herein. No creditor of a beneficiary of the Trust, of the Trustee, of the Delaware Trustee, of the Master Servicer or of the Company shall have any right to obtain possession of, or otherwise exercise legal or equitable remedies with respect to, the property of the Trust, except in accordance with the te...
Deutsche Bank National Trust Company. Capitalized terms used but not defined herein have the meanings ascribed to them in the Pooling and Servicing Agreement, dated December 1, 2003 (the "Pooling and Servicing Agreement"), among the Registrant as depositor, Ameriquest Mortgage Company as master servicer and Deutsche Bank National Trust Company as trustee. ARGENT SECURITIES INC. By:__________________________________ Name: Title: Date: FORM CERTIFICATION TO BE PROVIDED TO DEPOSITOR BY THE TRUSTEE Re: Argent Securities Inc., Series 2003-W9 Asset-Backed Certificates, Series 2003-W9 -----------------------------------------
Deutsche Bank National Trust Company as Administrator, hereby represents and warrants to the Depositor, for the benefit of the Holders and the Insurer, that:
Deutsche Bank National Trust Company. Please acknowledge the execution of the above request by your signature and date below: _____________________ ____________________________ Signature Date Documents returned to Trustee: _____________________ ____________________________ Trustee Date EXHIBIT F-1 FORM OF TRANSFEROR REPRESENTATION LETTER [DATED] Deutsche Bank National Trust Company 1761 East St. Andrew Plxxx Xxxxx Xxx, Xxxxxxxxxx 00000-4934 Re: Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2004-R12, Class M-10, CE, P, and R, Representing a [ ] % Percentage Interest -------------------------------------------------------------- Ladies and Gentlemen: In connection with the transfer by ________________ (the "Transferor") to ________________ (the "Transferee") of the captioned mortgage pass-through certificates (the "Certificates"), the Transferor hereby certifies as follows: Neither the Transferor nor anyone acting on its behalf has (a) offered, pledged, sold, disposed of or otherwise transferred any Certificate, any interest in any Certificate or any other similar security to any person in any manner, (b) has solicited any offer to buy or to accept a pledge, disposition or other transfer of any Certificate, any interest in any Certificate or any other similar security from any person in any manner, (c) has otherwise approached or negotiated with respect to any Certificate, any interest in any Certificate or any other similar security with any person in any manner, (d) has made any general solicitation by means of general advertising or in any other manner, (e) has taken any other action that (in the case of each of subclauses (a) through (d) above) would constitute a distribution of the Certificates under the Securities Act of 1933, as amended (the "1933 Act"), or would render the disposition of any Certificate a violation of Section 5 of the 1933 Act or any state securities law or would require registration or qualification pursuant thereto. The Transferor will not act, nor has it authorized or will it authorize any person to act, in any manner set forth in the foregoing sentence with respect to any Certificate. The Transferor will not sell or otherwise transfer any of the Certificates, except in compliance with the provisions of that certain Pooling and Servicing Agreement, dated as of December 1, 2004, among Ameriquest Mortgage Securities Inc. as Depositor, Ameriquest Mortgage Company as Master Servicer, Federal National Mortgage Association as Guarantor,...
Deutsche Bank National Trust Company not individually, but solely as supplemental interest trustee of the Credit Suisse International Supplemental Interest Trust created under the Pooling and Servicing Agreement for IndyMac INDX Mortgage Loan Trust 2007-FLX3, Mortgage Pass-Through Certificates, Series 2007-FLX3 By: /s/ Marleen Nobile By: /s/ Marion Hogan ------------------- ---------------- Name: Marleen Nobile Name: Marion Hogan Title: Authorized Signxxxxx Title: Associate By: /s/ Erica L. Hryniuk -------------------- Xxxx: Xxxca L. Hryniuk Title: Authorized Xxxxxxxxx
Deutsche Bank National Trust Company. Owner Trustee...............................
Deutsche Bank National Trust Company. Credit Risk Manager ............... N/A PMI Insurer(s) .................... N/A Swap Counterparty ................. Bear Xxxxxxx Financial Products Inc. Cap Counterparty .................. Bear Xxxxxxx Financial Products Inc. Servicer(s) ....................... Ocwen Loan Servicing, LLC Subservicer(s) .................... Aegis Mortgage Corporation Originator(s) ..................... Aegis Funding Corporation Aegis Lending Corporation
