Common use of Annual Statement as to Compliance; Notice of Default Clause in Contracts

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Trust Collateral Agent, the Owner Trustee, the Rating Agencies, and the Indenture Trustee, on or before April 30th of each year beginning in the year 2018, an Officer’s Certificate, dated as of the preceding December 31st, stating that (i) a review of the activities of the Servicer during the preceding 12-month (or for the initial certificate, for such shorter period as may have elapsed from the Closing Date to such December 31st or, with respect to a successor Servicer, shorter period if a successor Servicer becomes Servicer after the beginning of a calendar year) period and of its performance under this Agreement has been made under such officer’s supervision and (ii) to the best of such officer’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such period, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. The Servicer shall direct the Indenture Trustee, upon receipt of such Officer’s Certificate, to post such Officer’s Certificate to xxx.XXXXxxx.xxx for the benefit of the Noteholders. The Indenture Trustee shall be protected and incur no liability to any Noteholder acting in reliance upon the contents of such Officer’s Certificate. The Indenture Trustee shall not be required to make an independent investigation or inquiry with respect to the contents of such Officer’s Certificate.

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Trust Collateral Agent, the Owner TrusteeIssuer, the Rating Agencies, and the Indenture Trustee, on or before April 30th of each year beginning in the year 20182024, an Officer’s Certificate, dated as of the preceding December 31st, stating that (i) a review of the activities of the Servicer during the preceding 12-month (or for the initial certificate, for such shorter period as may have elapsed from the Closing Date to such December 31st or, with respect to a successor Servicer, shorter period if a successor Servicer becomes Servicer after the beginning of a calendar year) period and of its performance under this Agreement has been made under such officer’s supervision and (ii) to the best of such officer’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such period, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. The Servicer shall direct the Indenture Trustee, upon receipt of such Officer’s Certificate, to post such Officer’s Certificate to xxx.XXXXxxx.xxx for the benefit of the Noteholders. The Indenture Trustee shall be protected and incur no liability to any Noteholder acting in reliance upon the contents of such Officer’s Certificate. The Indenture Trustee shall not be required to make an independent investigation or inquiry with respect to the contents of such Officer’s Certificate.

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Trust Collateral Agent, the Owner TrusteeIssuer, the Rating Agencies, and the Indenture Trustee, on or before April 30th of each year beginning in the year 20182025, an Officer’s Certificate, dated as of the preceding December 31st, stating that (i) a review of the activities of the Servicer during the preceding 12-month (or for the initial certificate, for such shorter period as may have elapsed from the Closing Date to such December 31st or, with respect to a successor Servicer, shorter period if a successor Servicer becomes Servicer after the beginning of a calendar year) period and of its performance under this Agreement has been made under such officer’s supervision and (ii) to the best of such officer’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such period, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. The Servicer shall direct the Indenture Trustee, upon receipt of such Officer’s Certificate, to post such Officer’s Certificate to xxx.XXXXxxx.xxx for the benefit of the Noteholders. The Indenture Trustee shall be protected and incur no liability to any Noteholder acting in reliance upon the contents of such Officer’s Certificate. The Indenture Trustee shall not be required to make an independent investigation or inquiry with respect to the contents of such Officer’s Certificate.

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Trust Collateral Agent, the Owner TrusteeIssuer, the Rating Agencies, and the Indenture Trustee, on or before April 30th of each year beginning in the year 20182021, an Officer’s Certificate, dated as of the preceding December 31st, stating that (i) a review of the activities of the Servicer during the preceding 12-month (or for the initial certificate, for such shorter period as may have elapsed from the Closing Date to such December 31st or, with respect to a successor Servicer, shorter period if a successor Servicer becomes Servicer after the beginning of a calendar year) period and of its performance under this Agreement has been made under such officer’s supervision and (ii) to the best of such officer’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such period, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. The Servicer shall direct the Indenture Trustee, upon receipt of such Officer’s Certificate, to post such Officer’s Certificate to xxx.XXXXxxx.xxx for the benefit of the Noteholders. The Indenture Trustee shall be protected and incur no liability to any Noteholder acting in reliance upon the contents of such Officer’s Certificate. The Indenture Trustee shall not be required to make an independent investigation or inquiry with respect to the contents of such Officer’s Certificate.

Annual Statement as to Compliance; Notice of Default. (a) The Each of the Master Servicer and the Administrator shall deliver to the Trust Collateral AgentTransferor, the Owner Trustee, the Rating Agencies, Eligible Lender Trustee and the Indenture Trustee, on or before April 30th 30 of each year beginning in the year 2018April 30, 1999, an Officer’s Certificate's Certificate of the Master Servicer or the Administrator, as the case may be, dated as of December 31 of the preceding December 31styear, stating that (i) a review of the activities of the Master Servicer or the Administrator, as the case may be, during the preceding 12-month period (or for or, in the initial case of the first such certificate, for such shorter during the period as may have elapsed from the Closing Date to such December 31st or31, with respect to a successor Servicer, shorter period if a successor Servicer becomes Servicer after the beginning of a calendar year1998) period and of its performance under this Agreement has been made under such officer’s officers' supervision and (ii) to the best of such officer’s officers' knowledge, based on such review, the Master Servicer or the Administrator, as the case may be, has fulfilled in all material respects all its obligations under this Agreement and the Administration Agreement, respectively, throughout such period, year or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. The Servicer Eligible Lender Trustee shall direct send a copy of each such Officers' Certificate and each report referred to in Section 4.9 to the Rating Agencies. A copy of each such Officers' Certificate and each report referred to in Section 4.9 may be obtained by any Noteholder or Note Owner by a request in writing to the Eligible Lender Trustee addressed to its Corporate Trust Office, together with evidence satisfactory to the Eligible Lender Trustee that such Person is a Noteholder or Note Owner. Pursuant to the Indenture, upon the telephone request of the Eligible Lender Trustee, the Indenture Trustee, upon receipt Trustee will promptly furnish the Eligible Lender Trustee a list of such Officer’s Certificate, to post such Officer’s Certificate to xxx.XXXXxxx.xxx for the benefit Noteholders as of the Noteholders. The Indenture Trustee shall be protected and incur no liability to any Noteholder acting in reliance upon date specified by the contents of such Officer’s Certificate. The Indenture Trustee shall not be required to make an independent investigation or inquiry with respect to the contents of such Officer’s CertificateEligible Lender Trustee.

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Trust Collateral Agent, the Owner Eligible Lender Trustee, the Rating Agencies, Indenture Trustee and any Swap Counterparties (with a copy to the Indenture TrusteeSeller), on or before April 30th 30 of each year beginning in the year 2018April 30, 2001, an Officer’s CertificateOfficers' Certificate of the Servicer, dated as of December 31 of the preceding December 31styear, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or for or, in the initial case of the first such certificate, for such shorter during the period as may have elapsed from the Closing Date to such December 31st 31, 2000 or, with respect as specified below, to a successor ServicerSeptember 30, shorter period if a successor Servicer becomes Servicer after the beginning of a calendar year2000) period and of its performance under this Agreement has been made under such officer’s officers' supervision and (ii) to the best of such officer’s officers' knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement in all material respects throughout such year (or in the case of the first such Officers' Certificate, such shorter period, ) or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer officers and the nature and status thereof. The ; provided, however, that, at the option of the Servicer, the Servicer may date the initial such Officers' Certificate as of September 30, 2000, and, in such case, shall direct the Indenture Trusteedeliver such Officer's Certificate on or before December 31, upon receipt 2000 and thereafter shall deliver such Officer's Certificate, dated as of September 30 of each succeeding year, on or before December 31 of such Officer’s Certificate, to post such Officer’s Certificate to xxx.XXXXxxx.xxx for the benefit of the Noteholdersyear. The Indenture Trustee shall send a copy of each such Officers' Certificate and each report referred to in this Section 3.08 to the Rating Agencies. A copy of each such Officers' Certificate and each report referred to in this Section 3.08 may be protected and incur no liability to obtained by any Noteholder acting or Note Owner by a request in reliance upon writing to the contents Eligible Lender Trustee addressed to its Corporate Trust Office, together with evidence satisfactory to the Eligible Lender Trustee that such Person is one of such Officer’s Certificatethe foregoing parties. The Upon the telephone request of the Eligible Lender Trustee, the Indenture Trustee shall not be required to make an independent investigation or inquiry with respect to will promptly furnish the contents Eligible Lender Trustee a list of such Officer’s CertificateNoteholders as of the date specified by the Eligible Lender Trustee.

Annual Statement as to Compliance; Notice of Default. (a1) The Servicer shall deliver to the Trust Collateral Agent, the Owner TrusteeIssuer, the Rating Agencies, and the Indenture Trustee, on or before April 30th of each year beginning in the year 20182022, an Officer’s Certificate, dated as of the preceding December 31st, stating that (i) a review of the activities of the Servicer during the preceding 12-month (or for the initial certificate, for such shorter period as may have elapsed from the Closing Date to such December 31st or, with respect to a successor Servicer, shorter period if a successor Servicer becomes Servicer after the beginning of a calendar year) period and of its performance under this Agreement has been made under such officer’s supervision and (ii) to the best of such officer’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such period, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. The Servicer shall direct the Indenture Trustee, upon receipt of such Officer’s Certificate, to post such Officer’s Certificate to xxx.XXXXxxx.xxx for the benefit of the Noteholders. The Indenture Trustee shall be protected and incur no liability to any Noteholder acting in reliance upon the contents of such Officer’s Certificate. The Indenture Trustee shall not be required to make an independent investigation or inquiry with respect to the contents of such Officer’s Certificate.

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Trust Collateral Agent, the Owner Eligible Lender Trustee, the Rating Agencies, Indenture Trustee and any Swap Counterparties (with a copy to the Indenture TrusteeSeller), on or before April 30th [_________] of each year beginning in the year 2018[____________], an Officer’s CertificateOfficers' Certificate of the Servicer, dated as of [_________] of the preceding December 31styear, stating that that: (i) a review of the activities of the Servicer during the preceding 12-month period (or for or, in the initial case of the first such certificate, for such shorter during the period as may have elapsed from the Closing Date to such December 31st [_________] or, with respect as specified below, to a successor Servicer, shorter period if a successor Servicer becomes Servicer after the beginning of a calendar year[_________]) period and of its performance under this Agreement has been made under such officer’s officers' supervision and (ii) to the best of such officer’s officers' knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement in all material respects throughout such year (or in the case of the first such Officers' Certificate, such shorter period, ) or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer officers and the nature and status thereof. The ; provided, however, that, at the option of the Servicer, the Servicer may date the initial such Officers' Certificate as of September 30, [______], and, in such case, shall direct the Indenture Trusteedeliver such Officer's Certificate on or before December 31, upon receipt [______] and thereafter shall deliver such Officer's Certificate, dated as of September 30 of each succeeding year, on or before December 31 of such Officer’s Certificate, to post such Officer’s Certificate to xxx.XXXXxxx.xxx for the benefit of the Noteholdersyear. The Indenture Trustee shall send a copy of each such Officers' Certificate and each report referred to in this Section 3.08 to the Rating Agencies. A copy of each such Officers' Certificate and each report referred to in this Section 3.08 may be protected and incur no liability to obtained by any Noteholder acting or Note Owner by a request in reliance upon writing to the contents Eligible Lender Trustee addressed to its Corporate Trust Office, together with evidence satisfactory to the Eligible Lender Trustee that such Person is one of such Officer’s Certificatethe foregoing parties. The Upon the telephone request of the Eligible Lender Trustee, the Indenture Trustee shall not be required to make an independent investigation or inquiry with respect to will promptly furnish the contents Eligible Lender Trustee a list of such Officer’s CertificateNoteholders as of the date specified by the Eligible Lender Trustee.

Annual Statement as to Compliance; Notice of Default. (a) The Each of the Servicer and the Administrator shall deliver to the Trust Collateral AgentSeller, the Owner Eligible Lender Trustee, the Rating Agencies, and the Indenture Trustee, on or before April 30th March 30 of each year beginning in the year 2018March 30, 2000, an Officer’s CertificateOfficers' Certificate of the Servicer or the Administrator, as the case may be, dated as of December 31 of the preceding December 31styear, stating that (i) a review of the activities of the Servicer or the Administrator, as the case may be, during the preceding 12-month period (or for or, in the initial case of the first such certificate, for such shorter during the period as may have elapsed from the Closing Date to such December 31st or31, with respect to a successor Servicer, shorter period if a successor Servicer becomes Servicer after the beginning of a calendar year1999) period and of its performance under this Agreement has been made under such officer’s officers' supervision and (ii) to the best of such officer’s officers' knowledge, based on such review, the Servicer or the Administrator, as the case may be, has fulfilled all its obligations under this Agreement, or under this Agreement and the Administration Agreement, respectively, throughout such period, year or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer officers and the nature and status thereof. The Servicer shall direct the Indenture Trustee, upon receipt of such Officer’s Certificate, to post such Officer’s Certificate to xxx.XXXXxxx.xxx for the benefit of the Noteholders. The Indenture Trustee shall send a copy of each such Officers' Certificate and each report referred to in Section 4.10 to the Rating Agencies. A copy of each such Officers' Certificate and each report referred to in Section 4.10 may be protected and incur no liability obtained by any holder of Certificates, Certificate Owner, holder of Notes or Note Owner by a request in writing to any Noteholder acting in reliance upon the contents Eligible Lender Trustee addressed to its Corporate Trust Office, together with evidence satisfactory to the Eligible Lender Trustee that such Person is one of such Officer’s Certificatethe foregoing parties. The Upon the telephone request of the Eligible Lender Trustee, the Indenture Trustee shall not be required to make an independent investigation or inquiry with respect to will promptly furnish the contents Eligible Lender Trustee a list of such Officer’s Certificateholders of Notes as of the date specified by the Eligible Lender Trustee.

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Trust Collateral Agent, the Owner Eligible Lender Trustee, the Rating Agencies, Indenture Trustee and the Indenture TrusteeSwap Counterparty (with a copy to the Seller), on or before April 30th 30 of each year beginning in the year 2018April 30, 2000, an Officer’s CertificateOfficers' Certificate of the Servicer, dated as of December 31 of the preceding December 31styear, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or for or, in the initial case of the first such certificate, for such shorter during the period as may have elapsed from the Closing Date to such December 31st 31, 1999 or, with respect as specified below, to a successor ServicerSeptember 30, shorter period if a successor Servicer becomes Servicer after the beginning of a calendar year1999) period and of its performance under this Agreement has been made under such officer’s officers' supervision and (ii) to the best of such officer’s officers' knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement in all material respects throughout such year (or in the case of the first such Officers' Certificate, such shorter period, ) or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer officers and the nature and status thereof. The ; provided, however, that, at the option of the Servicer, the Servicer may date the initial such Officers' Certificate as of September 30, 1999, and, in such case, shall direct the Indenture Trusteedeliver such Officer's Certificate on or before December 31, upon receipt 1999 and thereafter shall deliver such Officer's Certificate, dated as of September 30 of each succeeding year, on or before December 31 of such Officer’s Certificate, to post such Officer’s Certificate to xxx.XXXXxxx.xxx for the benefit of the Noteholdersyear. The Indenture Trustee shall send a copy of each such Officers' Certificate and each report referred to in this Section 3.08 to the Rating Agencies. A copy of each such Officers' Certificate and each report referred to in this Section 3.08 may be protected and incur no liability to obtained by any Noteholder acting or Note Owner by a request in reliance upon writing to the contents Eligible Lender Trustee addressed to its Corporate Trust Office, together with evidence satisfactory to the Eligible Lender Trustee that such Person is one of such Officer’s Certificatethe foregoing parties. The Upon the telephone request of the Eligible Lender Trustee, the Indenture Trustee shall not be required to make an independent investigation or inquiry with respect to will promptly furnish the contents Eligible Lender Trustee a list of such Officer’s CertificateNoteholders as of the date specified by the Eligible Lender Trustee.

Annual Statement as to Compliance; Notice of Default. (a) The Each of the Master Servicer and the Administrator shall deliver to the Trust Collateral AgentTransferor, the Owner Trustee, the Rating Agencies, Eligible Lender Trustee and the Indenture Trustee, on or before April 30th 30 of each year beginning in the year 2018April 30, 1998, an Officer’s Certificate's Certificate of the Master Servicer or the Administrator, as the case may be, dated as of December 31 of the preceding December 31styear, stating that (i) a review of the activities of the Master Servicer or the Administrator, as the case may be, during the preceding 12-month period (or for or, in the initial case of the first such certificate, for such shorter during the period as may have elapsed from the Closing Date to such December 31st or31, with respect to a successor Servicer, shorter period if a successor Servicer becomes Servicer after the beginning of a calendar year1997) period and of its performance under this Agreement has been made under such officer’s officers' supervision and (ii) to the best of such officer’s officers' knowledge, based on such review, the Master Servicer or the Administrator, as the case may be, has fulfilled in all material respects all its obligations under this Agreement and the Administration Agreement, respectively, throughout such period, year or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. The Servicer Eligible Lender Trustee shall direct send a copy of each such Officers' Certificate and each report referred to in Section 4.9 to the Rating Agencies. A copy of each such Officers' Certificate and each report referred to in Section 4.9 may be obtained by any Noteholder or Note Owner by a request in writing to the Eligible Lender Trustee addressed to its Corporate Trust Office, together with evidence satisfactory to the Eligible Lender Trustee that such Person is a Noteholder. Pursuant to the Indenture, upon the telephone request of the Eligible Lender Trustee, the Indenture Trustee, upon receipt Trustee will promptly furnish the Eligible Lender Trustee a list of such Officer’s Certificate, to post such Officer’s Certificate to xxx.XXXXxxx.xxx for the benefit Noteholders as of the Noteholders. The Indenture Trustee shall be protected and incur no liability to any Noteholder acting in reliance upon date specified by the contents of such Officer’s Certificate. The Indenture Trustee shall not be required to make an independent investigation or inquiry with respect to the contents of such Officer’s CertificateEligible Lender Trustee.

Annual Statement as to Compliance; Notice of Default. (a) The Each of the Master Servicer and the Administrator shall deliver to the Trust Collateral AgentSeller, the Owner Trustee, the Rating Agencies, Eligible Lender Trustee and the Indenture Trustee, on or before April 30th 30 of each year beginning in the year 2018April 30, 1997, an Officer’s Certificate's Certificate of the Master Servicer or the Administrator, as the case may be, dated as of December 31 of the preceding December 31styear, stating that (i) a review of the activities of the Master Servicer or the Administrator, as the case may be, during the preceding 12-month (or for the initial certificate, for such shorter period as may have elapsed from the Closing Date to such December 31st or, with respect to a successor Servicer, shorter period if a successor Servicer becomes Servicer after the beginning of a calendar year) period and of its performance under this Agreement, the Sale and Servicing Agreement and any other Supplemental Sale and Servicing Agreements has been made under such officer’s officers' supervision and (ii) to the best of such officer’s officers' knowledge, based on such review, the Master Servicer or the Administrator, as the case may be, has fulfilled all its obligations under this Agreement such Agreements, or under such Agreements and the Administration Agreement, respectively, throughout such period, year or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. The Servicer shall direct Pursuant to the Indenture TrusteeIndenture, upon receipt of such Officer’s Certificate, to post such Officer’s Certificate to xxx.XXXXxxx.xxx for the benefit of the Noteholders. The Indenture Trustee shall send a copy of each such Officers' Certificate and each report referred to in Section 4.9 to the Rating Agencies, and the Eligible Lender Trustee shall send a copy of each such Officers' Certificate and each such report to the Surety Provider. A copy of each such Officers' Certificate and each report referred to in Section 4.9 may be protected and incur no liability obtained by any Certificateholder, Certificate Owner, Noteholder or Note Owner by a request in writing to any Noteholder acting in reliance the Eligible Lender Trustee addressed to its Corporate Trust Office, together with evidence satisfactory to the Eligible Lender Trustee that such Person is one of the foregoing parties. Pursuant to the Indenture, upon the contents telephone request of such Officer’s Certificate. The the Eligible Lender Trustee, the Indenture Trustee shall not be required to make an independent investigation or inquiry with respect to will promptly furnish the contents Eligible Lender Trustee a list of such Officer’s CertificateNoteholders as of the date specified by the Eligible Lender Trustee.

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Trust Collateral Agent, the Owner Trustee, the Rating Agencies, and the Indenture Trustee, on or before April 30th of each year beginning in the year 20182017, an Officer’s Certificate, dated as of the preceding December 31st, stating that (i) a review of the activities of the Servicer during the preceding 12-month (or for the initial certificate, for such shorter period as may have elapsed from the Closing Date to such December 31st or, with respect to a successor Servicer, shorter period if a successor Servicer becomes Servicer after the beginning of a calendar year) period and of its performance under this Agreement has been made under such officer’s supervision and (ii) to the best of such officer’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such period, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. The Servicer shall direct the Indenture Trustee, upon receipt of such Officer’s Certificate, to post such Officer’s Certificate to xxx.XXXXxxx.xxx for the benefit of the Noteholders. The Indenture Trustee shall be protected and incur no liability to any Noteholder acting in reliance upon the contents of such Officer’s Certificate. The Indenture Trustee shall not be required to make an independent investigation or inquiry with respect to the contents of such Officer’s Certificate.

Annual Statement as to Compliance; Notice of Default. (a) The Each of the Administrator and the Master Servicer shall (and the Master Servicer shall cause each Sub-Servicer to) deliver to the Trust Collateral AgentDepositor, KBNA, the Eligible Lender Trustee, the Owner Trustee, the Rating Agencies, Trustee and the Indenture Trustee, on or before April 30th of March [15], 20[__] and on or before March [15] each year beginning thereafter (or, in each case, such earlier date required to permit timely filing of the year 2018Issuer’s Exchange Act filings, if any, in accordance with then-current Commission rules and regulations), an Officer’s CertificateOfficers’ Certificate of the Administrator or Master Servicer (and each Sub-Servicer) as the case may be, dated as of December 31 of the preceding December 31styear, stating that (i) a review of the activities of the Administrator or the Master Servicer (and each Sub-Servicer on its behalf), as the case may be, during the preceding 12-month period (or for or, in the initial case of the first such certificate, for such shorter during the period as may have elapsed from the Closing Date to such December 31st or31, with respect to a successor Servicer, shorter period if a successor Servicer becomes Servicer after the beginning of a calendar year[__]) period and of its performance under this Agreement (or the related Sub-Servicing Agreement, as applicable) has been made under such officer’s officers’ supervision and (ii) to the best of such officer’s officers’ knowledge, based on such review, the Administrator or the Master Servicer (or such Sub-Servicer), as the case may be, has fulfilled all its obligations under this Agreement and the Administration Agreement (or the related Sub-Servicing Agreement), as applicable, throughout such period, year or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer officers and the nature and status thereof. The Servicer shall direct the Indenture Trustee, upon receipt of such Officer’s Certificate, to post such Officer’s Certificate to xxx.XXXXxxx.xxx for the benefit of the Noteholders. The Indenture Trustee shall send a copy of each such Officers’ Certificate and each report referred to in Section 4.10 to the Rating Agencies. A copy of each such Officers’ Certificate and each report referred to in Section 4.10 may be protected and incur no liability obtained by any Holder of Notes or Note Owner by a request in writing to any Noteholder acting in reliance upon the contents of such Officer’s Certificate. The Indenture Trustee shall not be required addressed to make an independent investigation or inquiry its Corporate Trust Office, together with respect evidence satisfactory to the contents Indenture Trustee that such Person is one of such Officer’s Certificatethe foregoing parties. Upon the written request of the Owner Trustee or KBNA, the Indenture Trustee will promptly furnish the Owner Trustee or KBNA a list of Holders of Notes as of the date specified by the Owner Trustee or KBNA.

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Trust Collateral Agent, the Owner TrusteeIssuer, the Rating Agencies, and the Indenture Trustee, on or before April 30th of each year beginning in the year 20182022, an Officer’s Certificate, dated as of the preceding December 31st, stating that (i) a review of the activities of the Servicer during the preceding 12-month (or for the initial certificate, for such shorter period as may have elapsed from the Closing Date to such December 31st or, with respect to a successor Servicer, shorter period if a successor Servicer becomes Servicer after the beginning of a calendar year) period and of its performance under this Agreement has been made under such officer’s supervision and (ii) to the best of such officer’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such period, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. The Servicer shall direct the Indenture Trustee, upon receipt of such Officer’s Certificate, to post such Officer’s Certificate to xxx.XXXXxxx.xxx for the benefit of the Noteholders. The Indenture Trustee shall be protected and incur no liability to any Noteholder acting in reliance upon the contents of such Officer’s Certificate. The Indenture Trustee shall not be required to make an independent investigation or inquiry with respect to the contents of such Officer’s Certificate.

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Trust Collateral Agent, the Owner Trustee, the Rating Agencies, and the Indenture Trustee, on or before April 30th of each year beginning in the year 20182015, an Officer’s Certificate, dated as of the preceding December 31st, stating that (i) a review of the activities of the Servicer during the preceding 12-month (or for the initial certificate, for such shorter period as may have elapsed from the Closing Date to such December 31st or, with respect to a successor Servicer, shorter period if a successor Servicer becomes Servicer after the beginning of a calendar year) period and of its performance under this Agreement has been made under such officer’s supervision and (ii) to the best of such officer’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such period, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. The Servicer shall direct the Indenture Trustee, upon receipt of such Officer’s Certificate, to post such Officer’s Certificate to xxx.XXXXxxx.xxx for the benefit of the Noteholders. The Indenture Trustee shall be protected and incur no liability to any Noteholder acting in reliance upon the contents of such Officer’s Certificate. The Indenture Trustee shall not be required to make an independent investigation or inquiry with respect to the contents of such Officer’s Certificate.

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Trust Collateral AgentDepositor, the Owner Trustee, the Rating Agencies, Eligible Lender Trustee and the Indenture TrusteeTrustee (with a copy to the Seller), on or before April 30th March 31 of each year beginning in the year 20182003, an Officer’s CertificateOfficers' Certificate of the Servicer, dated as of December 31 of the preceding December 31styear, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or for or, in the initial case of the first such certificate, for such shorter during the period as may have elapsed from the Closing Date to such December 31st or31, with respect to a successor Servicer, shorter period if a successor Servicer becomes Servicer after the beginning of a calendar year) period 2002 and of its performance under this Agreement has been made under such officer’s officers' supervision and (ii) to the best of such officer’s officers' knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement in all material respects throughout such year (or in the case of the first such Officers' Certificate, such shorter period, ) or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer officers and the nature and status thereof. The Servicer shall direct the Indenture Trustee, upon receipt of such Officer’s Certificate, to post such Officer’s Certificate to xxx.XXXXxxx.xxx for the benefit of the Noteholders. The Indenture Trustee shall send a copy of each such Officers' Certificate and each report referred to in this Section 3.08 to the Rating Agencies. A copy of each such Officers' Certificate and each report referred to in this Section 3.08 may be protected and incur no liability to obtained by any Noteholder acting or Note Owner by a request in reliance upon writing to the contents Eligible Lender Trustee addressed to its Corporate Trust Office, together with evidence satisfactory to the Eligible Lender Trustee that such Person is one of such Officer’s Certificatethe foregoing parties. The Upon the telephone request of the Eligible Lender Trustee, the Indenture Trustee shall not be required to make an independent investigation or inquiry with respect to will promptly furnish the contents Eligible Lender Trustee a list of such Officer’s CertificateNoteholders as of the date specified by the Eligible Lender Trustee.

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Trust Collateral Agent, the Owner TrusteeIssuer, the Rating Agencies, and the Indenture Trustee, on or before April 30th of each year beginning in the year 20182023, an Officer’s Certificate, dated as of the preceding December 31st, stating that (i) a review of the activities of the Servicer during the preceding 12-month (or for the initial certificate, for such shorter period as may have elapsed from the Closing Date to such December 31st or, with respect to a successor Servicer, shorter period if a successor Servicer becomes Servicer after the beginning of a calendar year) period and of its performance under this Agreement has been made under such officer’s supervision and (ii) to the best of such officer’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such period, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. The Servicer shall direct the Indenture Trustee, upon receipt of such Officer’s Certificate, to post such Officer’s Certificate to xxx.XXXXxxx.xxx for the benefit of the Noteholders. The Indenture Trustee shall be protected and incur no liability to any Noteholder acting in reliance upon the contents of such Officer’s Certificate. The Indenture Trustee shall not be required to make an independent investigation or inquiry with respect to the contents of such Officer’s Certificate.

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Trust Collateral AgentDepositor, the Owner Eligible Lender Trustee, the Rating Agencies, Indenture Trustee and any Swap Counterparties (with a copy to the Indenture TrusteeSeller), on or before April 30th 30 of each year beginning in the year 2018[o], 2002, an Officer’s CertificateOfficers' Certificate of the Servicer, dated as of [December 31 of the preceding December 31styear], stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or for or, in the initial case of the first such certificate, for such shorter during the period as may have elapsed from the Closing Date to such [December 31st or31, with respect to a successor Servicer, shorter period if a successor Servicer becomes Servicer after the beginning of a calendar year) period 2001] and of its performance under this Agreement has been made under such officer’s officers' supervision and (ii) to the best of such officer’s officers' knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement in all material respects throughout such year (or in the case of the first such Officers' Certificate, such shorter period, ) or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer officers and the nature and status thereof. The Servicer shall direct the Indenture Trustee, upon receipt of such Officer’s Certificate, to post such Officer’s Certificate to xxx.XXXXxxx.xxx for the benefit of the Noteholders. The Indenture Trustee shall send a copy of each such Officers' Certificate and each report referred to in this Section 3.08 to the Rating Agencies. A copy of each such Officers' Certificate and each report referred to in this Section 3.08 may be protected and incur no liability to obtained by any Noteholder acting or Note Owner by a request in reliance upon writing to the contents Eligible Lender Trustee addressed to its Corporate Trust Office, together with evidence satisfactory to the Eligible Lender Trustee that such Person is one of such Officer’s Certificatethe foregoing parties. The Upon the telephone request of the Eligible Lender Trustee, the Indenture Trustee shall not be required to make an independent investigation or inquiry with respect to will promptly furnish the contents Eligible Lender Trustee a list of such Officer’s CertificateNoteholders as of the date specified by the Eligible Lender Trustee.

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Trust Collateral Agent, the Owner TrusteeIssuer, the Rating Agencies, and the Indenture Trustee, on or before April 30th of each year beginning in the year 20182020, an Officer’s Certificate, dated as of the preceding December 31st, stating that (i) a review of the activities of the Servicer during the preceding 12-month (or for the initial certificate, for such shorter period as may have elapsed from the Closing Date to such December 31st or, with respect to a successor Servicer, shorter period if a successor Servicer becomes Servicer after the beginning of a calendar year) period and of its performance under this Agreement has been made under such officer’s supervision and (ii) to the best of such officer’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such period, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. The Servicer shall direct the Indenture Trustee, upon receipt of such Officer’s Certificate, to post such Officer’s Certificate to xxx.XXXXxxx.xxx for the benefit of the Noteholders. The Indenture Trustee shall be protected and incur no liability to any Noteholder acting in reliance upon the contents of such Officer’s Certificate. The Indenture Trustee shall not be required to make an independent investigation or inquiry with respect to the contents of such Officer’s Certificate.

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Trust Collateral Agent, the Owner Trustee, the Rating Agencies, Trustee and the Indenture TrusteeSecurity Insurer, on or before April 30th November 30 of each year beginning in the year 2018November 30, 2003 an Officer’s Certificate, dated as of the preceding December 31stSeptember 30, stating that (i) a review of the activities of the Servicer during the preceding 12-12 month period (or or, for the initial certificatereport, for such longer period or shorter period as may shall have elapsed from the Closing Date to such December 31st or, with respect to a successor Servicer, shorter period if a successor Servicer becomes Servicer after date of issuance of the beginning of a calendar yearNotes) period and of its performance under this Agreement has been made under such officer’s supervision and (ii) to the best of such officer’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such period, year or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer officers and the nature and status thereof. The Servicer Trustee shall direct send a copy of such certificate and the Indenture report referred to in Section 4.11 to the Rating Agencies. A copy of such certificate and the report referred to in Section 4.11 may be obtained by any Certificateholder by a request in writing to the Owner Trustee addressed to the Corporate Trust Office or by any Noteholder by a request in writing to the Trustee addressed to the Corporate Trust Office. Upon the telephone request of the Owner Trustee, upon receipt the Trustee will promptly furnish the Owner Trustee a list of such Officer’s Certificate, to post such Officer’s Certificate to xxx.XXXXxxx.xxx for the benefit Noteholders as of the Noteholdersdate specified by the Owner Trustee. The Indenture Each Noteholder, by its acceptance of a Note, shall be deemed to agree that the Trustee shall be protected and incur under no liability to any Noteholder acting in reliance upon for providing the contents list of such Officer’s Certificate. The Indenture Trustee shall not be required to make an independent investigation or inquiry with respect Noteholders to the contents of such Officer’s CertificateOwner Trustee as described in the immediately preceding sentence.

Annual Statement as to Compliance; Notice of Default. (a1) The Servicer shall deliver to the Trust Collateral Agent, the Owner TrusteeIssuer, the Rating Agencies, and the Indenture Trustee, on or before April 30th of each year beginning in the year 20182021, an Officer’s Certificate, dated as of the preceding December 31st, stating that (i) a review of the activities of the Servicer during the preceding 12-month (or for the initial certificate, for such shorter period as may have elapsed from the Closing Date to such December 31st or, with respect to a successor Servicer, shorter period if a successor Servicer becomes Servicer after the beginning of a calendar year) period and of its performance under this Agreement has been made under such officer’s supervision and (ii) to the best of such officer’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such period, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. The Servicer shall direct the Indenture Trustee, upon receipt of such Officer’s Certificate, to post such Officer’s Certificate to xxx.XXXXxxx.xxx for the benefit of the Noteholders. The Indenture Trustee shall be protected and incur no liability to any Noteholder acting in reliance upon the contents of such Officer’s Certificate. The Indenture Trustee shall not be required to make an independent investigation or inquiry with respect to the contents of such Officer’s Certificate.

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Trust Collateral Agent, the Owner Trustee, the Rating Agencies, and the Indenture Trustee, on or before April 30th of each year beginning in the year 20182014, an Officer’s Certificate, dated as of the preceding December 31st, stating that (i) a review of the activities of the Servicer during the preceding 12-month (or for the initial certificate, for such shorter period as may have elapsed from the Closing Date to such December 31st or, with respect to a successor Servicer, shorter period if a successor Servicer becomes Servicer after the beginning of a calendar year) period and of its performance under this Agreement has been made under such officer’s supervision and (ii) to the best of such officer’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement throughout such period, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. The Servicer shall direct the Indenture Trustee, upon receipt of such Officer’s Certificate, to post such Officer’s Certificate to xxx.XXXXxxx.xxx wxx.XXXXxxx.xxx for the benefit of the Noteholders. The Indenture Trustee shall be protected and incur no liability to any Noteholder acting in reliance upon the contents of such Officer’s Certificate. The Indenture Trustee shall not be required to make an independent investigation or inquiry with respect to the contents of such Officer’s Certificate.

Annual Statement as to Compliance; Notice of Default. (a) The Each of the Administrator and the Master Servicer shall (and the Master Servicer shall cause each Sub-Servicer to) deliver to the Trust Collateral AgentDepositor, KBUSA, the Owner Trustee, the Rating Agencies, Eligible Lender Trustee and the Indenture Trustee, on or before April 30th of March 25, 2005 and on or before March 25 each year beginning thereafter (or, in each case, such earlier date required to permit timely filing of the year 2018Issuer’s Exchange Act filings in accordance with then-current Commission rules and regulations), an Officer’s CertificateOfficers’ Certificate of the Administrator or Master Servicer (and each Sub-Servicer) as the case may be, dated as of December 31 of the preceding December 31styear, stating that (i) a review of the activities of the Administrator or the Master Servicer (and each Sub-Servicer on its behalf), as the case may be, during the preceding 12-month period (or for or, in the initial case of the first such certificate, for such shorter during the period as may have elapsed from the Closing Date to such December 31st or31, with respect to a successor Servicer, shorter period if a successor Servicer becomes Servicer after the beginning of a calendar year2004) period and of its performance under this Agreement (or the related Sub-Servicing Agreement, as applicable) has been made under such officer’s officers’ supervision and (ii) to the best of such officer’s officers’ knowledge, based on such review, the Administrator or the Master Servicer (or such Sub-Servicer), as the case may be, has fulfilled all its obligations under this Agreement and the Administration Agreement (or the related Sub-Servicing Agreement), as applicable, throughout such period, year or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer officers and the nature and status thereof. The Servicer shall direct the Indenture Trustee, upon receipt of such Officer’s Certificate, to post such Officer’s Certificate to xxx.XXXXxxx.xxx for the benefit of the Noteholders. The Indenture Trustee shall send a copy of each such Officers’ Certificate and each report referred to in Section 4.10 to the Rating Agencies. A copy of each such Officers’ Certificate and each report referred to in Section 4.10 may be protected and incur no liability obtained by any Holder of Notes or Note Owner by a request in writing to any Noteholder acting in reliance upon the contents of such Officer’s Certificate. The Indenture Trustee shall not be required addressed to make an independent investigation or inquiry its Corporate Trust Office, together with respect evidence satisfactory to the contents Indenture Trustee that such Person is one of such Officer’s Certificatethe foregoing parties. Upon the telephone request of the Eligible Lender Trustee, the Indenture Trustee will promptly furnish the Eligible Lender Trustee a list of Holders of Notes as of the date specified by the Eligible Lender Trustee.

Annual Statement as to Compliance; Notice of Default. (a) The Each of the Administrator and the Master Servicer shall (and the Master Servicer shall cause each Sub-Servicer to) deliver to the Trust Collateral AgentSeller, the Owner Trustee, the Rating Agencies, Eligible Lender Trustee and the Indenture Trustee, on or before April 30th __________ of each year beginning in the year 2018__________, ____, an Officer’s CertificateOfficers' Certificate of the Administrator or Master Servicer (and each Sub-Servicer) as the case may be, dated as of December 31 of the preceding December 31styear, stating that (i) a review of the activities of the Administrator or the Master Servicer (and each Sub-Servicer on its behalf), as the case may be, during the preceding 12-month period (or for or, in the initial case of the first such certificate, for such shorter during the period as may have elapsed from the Closing Date to such December 31st or31, with respect to a successor Servicer, shorter period if a successor Servicer becomes Servicer after the beginning of a calendar year____) period and of its performance under this Agreement (or the related Sub-Servicing Agreement, as applicable) has been made under such officer’s officers' supervision and (ii) to the best of such officer’s officers' knowledge, based on such review, the Administrator or the Master Servicer (or such Sub-Servicer), as the case may be, has fulfilled all its obligations under this Agreement and the Administration Agreement (or the related Sub-Servicing Agreement), as applicable, throughout such period, year or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer officers and the nature and status thereof. The Servicer shall direct the Indenture Trustee, upon receipt of such Officer’s Certificate, to post such Officer’s Certificate to xxx.XXXXxxx.xxx for the benefit of the Noteholders. The Indenture Trustee shall send a copy of each such Officers' Certificate and each report referred to in Section 4.10 to the Rating Agencies. A copy of each such Officers' Certificate and each report referred to in Section 4.10 may be protected and incur no liability obtained by any holder of Certificates, Certificate Owner, holder of Notes or Note Owner by a request in writing to any Noteholder acting in reliance upon the contents Eligible Lender Trustee addressed to its Corporate Trust Office, together with evidence satisfactory to the Eligible Lender Trustee that such Person is one of such Officer’s Certificatethe foregoing parties. The Upon the telephone request of the Eligible Lender Trustee, the Indenture Trustee shall not be required to make an independent investigation or inquiry with respect to will promptly furnish the contents Eligible Lender Trustee a list of such Officer’s Certificateholders of Notes as of the date specified by the Eligible Lender Trustee.

Annual Statement as to Compliance; Notice of Default. (a) The Each of the Administrator and the Master Servicer shall (and the Master Servicer shall cause each Sub-Servicer to) deliver to the Trust Collateral AgentSeller, the Owner Eligible Lender Trustee, the Rating AgenciesSecurities Insurer, the Swap Counterparty, and the Indenture Trustee, on or before April 30th March 31 of each year beginning in the year 2018March 31, 2001, an Officer’s CertificateOfficers' Certificate of the Administrator or Master Servicer (and each Sub-Servicer) as the case may be, dated as of December 31 of the preceding December 31styear, stating that (i) a review of the activities of the Administrator or the Master Servicer (and each Sub-Servicer on its behalf), as the case may be, during the preceding 12-month period (or for or, in the initial case of the first such certificate, for such shorter during the period as may have elapsed from the Closing Date to such December 31st or31, with respect to a successor Servicer, shorter period if a successor Servicer becomes Servicer after the beginning of a calendar year2000) period and of its performance under this Agreement (or the related Sub-Servicing Agreement, as applicable) has been made under such officer’s officers' supervision and (ii) to the best of such officer’s officers' knowledge, based on such review, the Administrator or the Master Servicer (or such Sub-Servicer), as the case may be, has fulfilled all its obligations under this Agreement and the Administration Agreement (or the related Sub-Servicing Agreement), as applicable, throughout such period, year or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer officers and the nature and status thereof. The Servicer shall direct the Indenture Trustee, upon receipt of such Officer’s Certificate, to post such Officer’s Certificate to xxx.XXXXxxx.xxx for the benefit of the Noteholders. The Indenture Trustee shall send a copy of each such Officers' Certificate and each report referred to in Section 4.10 to the Rating Agencies. A copy of each such Officers' Certificate and each report referred to in Section 4.10 may be protected and incur no liability obtained by any holder of Notes or Note Owner by a request in writing to any Noteholder acting in reliance upon the contents Eligible Lender Trustee addressed to its Corporate Trust Office, together with evidence satisfactory to the Eligible Lender Trustee that such Person is one of such Officer’s Certificatethe foregoing parties. The Upon the telephone request of the Eligible Lender Trustee, the Indenture Trustee shall not be required to make an independent investigation or inquiry with respect to will promptly furnish the contents Eligible Lender Trustee a list of such Officer’s Certificateholders of Notes as of the date specified by the Eligible Lender Trustee.

Annual Statement as to Compliance; Notice of Default. (a) The Master Servicer shall deliver to the Trust Collateral AgentEligible Lender Trustee (with a copy to the Seller) and, the Owner Trusteeif any Notes remain Outstanding, the Rating Agencies, and to the Indenture Trustee, on or before April 30th 30 of each year beginning in the year 2018April 30, 2000, an Officer’s CertificateOfficers' Certificate of the Master Servicer, dated as of December 31 of the preceding December 31styear, stating that (i) a review of the activities of the Master Servicer during the preceding 12-month period (or for or, in the initial case of the first such certificate, for such shorter during the period as may have elapsed from the Closing Date to such December 31st or31, with respect to a successor Servicer, shorter period if a successor Servicer becomes Servicer after the beginning of a calendar year1999) period and of its performance under this Agreement has been made under such officer’s officers' supervision and (ii) to the best of such officer’s officers' knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Agreement in all material respects throughout such year (or in the case of the first such Officers' Certificate, such shorter period, ) or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer officers and the nature and status thereof. The Servicer Indenture Trustee (if any Notes remain Outstanding) or the Eligible Lender Trustee (if the Notes have been paid in full) shall direct send a copy of each such Officers' Certificate and each report referred to in this Section 3.08 to the Rating Agencies. A copy of each such Officers' Certificate and each report referred to in this Section 3.08 may be obtained by any Noteholder, Note Owner, Certificateholder or Certificate Owner by a request in writing to the Eligible Lender Trustee addressed to its Corporate Trust Office, together with evidence satisfactory to the Eligible Lender Trustee that such Person is one of the foregoing parties. Upon the telephone request of the Eligible Lender Trustee, the Indenture Trustee, upon receipt Trustee will promptly furnish the Eligible Lender Trustee a list of such Officer’s Certificate, to post such Officer’s Certificate to xxx.XXXXxxx.xxx for the benefit Noteholders as of the Noteholders. The Indenture Trustee shall be protected and incur no liability to any Noteholder acting in reliance upon date specified by the contents of such Officer’s Certificate. The Indenture Trustee shall not be required to make an independent investigation or inquiry with respect to the contents of such Officer’s CertificateEligible Lender Trustee.

Annual Statement as to Compliance; Notice of Default. (a) The Servicer shall deliver to the Trust Collateral Agent, the Owner Trustee, the Rating Agencies, Eligible Lender Trustee and the Indenture TrusteeTrustee (with a copy to the Seller), on or before April 30th 30 of each year beginning in the year 2018April 30, 1998, an Officer’s CertificateOfficers' Certificate of the Servicer, dated as of December 31 of the preceding December 31styear, stating that (i) a review of the activities of the Servicer during the preceding 12-month period (or for or, in the initial case of the first such certificate, for such shorter during the period as may have elapsed from the Closing Date to such December 31st 31, 1997 or, with respect as specified below, to a successor ServicerSeptember 30, shorter period if a successor Servicer becomes Servicer after the beginning of a calendar year1997) period and of its performance under this Agreement has been made under such officer’s officers' supervision and (ii) to the best of such officer’s officers' knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement in all material respects throughout such year (or in the case of the first such Officer's Certificate, such shorter period, ) or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer officers and the nature and status thereof. The ; PROVIDED that, at the option of the Servicer, the Servicer may date the initial such Officer's Certificate as of September 30, 1997, and, in such case, shall direct the Indenture Trusteedeliver such Officer's Certificate on or before December 31, upon receipt 1997 and thereafter shall deliver such Officer's Certificate, dated as of September 30 of each succeeding year, on or before December 31 of such Officer’s Certificate, to post such Officer’s Certificate to xxx.XXXXxxx.xxx for the benefit of the Noteholdersyear. The Indenture Trustee shall send a copy of each such Officers' Certificate and each report referred to in this Section 3.08 to the Rating Agencies. A copy of each such Officers' Certificate and each report referred to in this Section 3.08 may be protected and incur no liability to obtained by any Noteholder acting or Note Owner by a request in reliance upon writing to the contents Eligible Lender Trustee addressed to its Corporate Trust Office, together with evidence satisfactory to the Eligible Lender Trustee that such Person is one of such Officer’s Certificatethe foregoing parties. The Upon the telephone request of the Eligible Lender Trustee, the Indenture Trustee shall not be required to make an independent investigation or inquiry with respect to the contents of such Officer’s Certificate.will promptly furnish the

Annual Statement as to Compliance; Notice of Default. (a) The Master Servicer shall deliver to the Trust Collateral Agent, the Owner Trustee, the Rating Agencies, Eligible Lender Trustee and the Indenture TrusteeTrustee (with a copy to the Seller), on or before April 30th June 30 of each year beginning in the year 2018June 30, 1998, an Officer’s Certificate, dated as Officers' Certificate of the preceding December 31stMaster Servicer, stating that (i) a review of the activities of the Master Servicer during the preceding 12-month fiscal year ending December 31 (or for or, in the initial case of the first such certificate, for such shorter during the period as may have elapsed from the Closing Date to such December 31st or31, with respect to a successor Servicer, shorter period if a successor Servicer becomes Servicer after the beginning of a calendar year) period 1997 and of its performance under this Agreement has been made under such officer’s officers' supervision and (ii) to the best of such officer’s officers' knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Agreement in all material respects throughout such year (or in the case of the first such Officers' Certificate, such longer period, ) or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer officers and the nature and status thereof. The Servicer shall direct the Indenture Trustee, upon receipt of such Officer’s Certificate, to post such Officer’s Certificate to xxx.XXXXxxx.xxx for the benefit of the Noteholders. The Indenture Trustee shall send a copy of each such Officers' Certificate and each report referred to in Section 3.09 to the Rating Agencies. A copy of each such Officers' Certificate and each report referred to in Section 3.09 may be protected and incur no liability obtained by any Certificateholder, Certificate Owner, Noteholder or Note Owner by a request in writing to any Noteholder acting in reliance upon the contents Eligible Lender Trustee addressed to its Corporate Trust Office, together with evidence satisfactory to the Eligible Lender Trustee that such Person is one of such Officer’s Certificatethe foregoing parties. The Upon the telephone request of the Eligible Lender Trustee, the Indenture Trustee shall not be required to make an independent investigation or inquiry with respect to will promptly furnish the contents Eligible Lender Trustee a list of such Officer’s CertificateNoteholders as of the date specified by the Eligible Lender Trustee.