REMIC. The Mortgage Loan is a “qualified mortgage” within the meaning of Section 860G(a)(3) of the Code (but determined without regard to the rule in the U.S. Department of Treasury regulations (the “Treasury Regulations”) Section 1.860G-2(f)(2) that treats certain defective mortgage loans as qualified mortgages), and, accordingly, (A) the issue price of the Mortgage Loan to the related Mortgagor at origination did not exceed the non-contingent principal amount of the Mortgage Loan and (B) either: (a) such Mortgage Loan is secured by an interest in real property (including permanently affixed buildings and distinct structural components, such as wiring, plumbing systems and central heating and air-conditioning systems, that are integrated into such buildings, serve such buildings in their passive functions and do not produce or contribute to the production of income other than consideration for the use or occupancy of space, but excluding personal property) having a fair market value (i) at the date the Mortgage Loan (or related Whole Loan) was originated at least equal to 80% of the adjusted issue price of the Mortgage Loan (or related Whole Loan) on such date or (ii) at the Closing Date at least equal to 80% of the adjusted issue price of the Mortgage Loan (or related Whole Loan) on such date, provided that for purposes hereof, the fair market value of the real property interest must first be reduced by (A) the amount of any lien on the real property interest that is senior to the Mortgage Loan and (B) a proportionate amount of any lien that is in parity with the Mortgage Loan; or (b) substantially all of the proceeds of such Mortgage Loan were used to acquire, improve or protect the real property which served as the only security for such Mortgage Loan (other than a recourse feature or other third-party credit enhancement within the meaning of Section 1.860G-2(a)(1)(ii) of the Treasury Regulations). If the Mortgage Loan was “significantly modified” prior to the Closing Date so as to result in a taxable exchange under Section 1001 of the Code, it either (x) was modified as a result of the default or reasonably foreseeable default of such Mortgage Loan or (y) satisfies the provisions of either sub-clause (B)(a)(i) above (substituting the date of the last such modification for the date the Mortgage Loan was originated) or sub-clause (B)(a)(ii), including the proviso thereto. Any prepayment premium and yield maintenance charges applicable to the Mortgage Loan cons...
REMIC. A “real estate mortgage investment conduit” within the meaning of Section 860D of the Code. Remittance Date: The 18th day (or if such 18th day is not a Business Day, the first Business Day immediately following) of any calendar month.
REMIC. Each pool of assets in the Trust Fund designated as a REMIC pursuant to Section 10.01(a) hereof.
REMIC. Each pool of assets in the Trust Fund designated as a REMIC pursuant to the Preliminary Statement.
REMIC. A "real estate mortgage investment conduit" within the meaning of Section 860D of the Code. REMIC Administrator: Residential Funding Company, LLC. If Residential Funding Company, LLC is found by a court of competent jurisdiction to no longer be able to fulfill its obligations as REMIC Administrator under this Agreement the Master Servicer or Trustee acting as Master Servicer shall appoint a successor REMIC Administrator, subject to assumption of the REMIC Administrator obligations under this Agreement.
REMIC. II As provided herein, the Trustee will elect to treat the segregated pool of assets consisting of the REMIC I Regular Interests as a REMIC for federal income tax purposes, and such segregated pool of assets will be designated as “REMIC II.” The Class R-II Interest will evidence the sole class of “residual interests” in REMIC II for purposes of the REMIC Provisions under federal income tax law. The following table irrevocably sets forth the designation, the Pass-Through Rate, the initial aggregate Certificate Principal Balance and, for purposes of satisfying Treasury regulation Section 1.860G-1(a)(4)(iii), the “latest possible maturity date” for the indicated Classes of Certificates. Designation Pass-Through Rate Initial Aggregate Certificate Principal Balance Latest Possible Maturity Date(1) Class A-1A Variable(2) $ 94,740,000.00 July 25, 2035 Class A-1F 4.359 % per annum(3) $ 94,740,000.00 July 25, 2035 Class A-2 4.461 % per annum(3) $ 248,069,000.00 July 25, 2035 Class A-3 4.532 % per annum(3) $ 43,845,000.00 July 25, 2035 Class A-4 5.114 % per annum(3) $ 113,240,000.00 July 25, 2035 Class A-4w 5.035 % per annum(3) $ 108,924,000.00 July 25, 2035 Class A-5 5.387 % per annum(3) $ 20,000,000.00 July 25, 2035 Class A-5w 5.288 % per annum(3) $ 71,925,000.00 July 25, 2035 Class A-6 4.954 % per annum(3) $ 88,386,000.00 July 25, 2035 Class M-1 5.294 % per annum(3) $ 24,236,000.00 July 25, 2035 Class M-2 5.344 % per annum(3) $ 23,741,000.00 July 25, 2035 Class M-3 5.492 % per annum(3) $ 6,700,000.00 July 25, 2035 Class M-4 5.641 % per annum(3) $ 7,419,000.00 July 25, 2035 Class M-5 5.700 % per annum(3) $ 5,935,000.00 July 25, 2035 Class M-6 5.700 % per annum(3) $ 4,875,000.00 July 25, 2035 Class M-7 5.700 % per annum(3) $ 4,946,000.00 July 25, 2035 Class M-8 5.700 % per annum(3) $ 3,759,000.00 July 25, 2035 Class M-9 5.700 % per annum(3) $ 4,946,000.00 July 25, 2035 Class B-1 5.700 % per annum (3) $ 5,440,000.00 July 25, 2035 Class B-2 5.700 % per annum (3) $ 5,441,000.00 July 25, 2035 Class CE Interest Variable(2) $ 7,914,271.19 (4) July 25, 2035 Class P Interest N/A(5) $ 100.00 July 25, 2035 _______________
REMIC. A "real estate mortgage investment conduit" within the meaning of Section 860D of the Code. As used herein, the term "the REMIC" or "the REMICs" shall mean one or more of the REMICs created under this Agreement.
REMIC. The Trustee shall furnish the Master Servicer, upon written request from a Servicing Officer, with any powers of attorney empowering the Master Servicer or any Servicer to execute and deliver instruments of satisfaction or cancellation, or of partial or full release or discharge, and to foreclose upon or otherwise liquidate Mortgaged Property, and to appeal, prosecute or defend in any court action relating to the Mortgage Loans or the Mortgaged Property, in accordance with the applicable Servicing Agreement and this Agreement, and the Trustee shall execute and deliver such other documents, as the Master Servicer may request, to enable the Master Servicer to master service and administer the Mortgage Loans and carry out its duties hereunder, in each case in accordance with Accepted Master Servicing Practices (and the Trustee shall have no liability for misuse of any such powers of attorney by the Master Servicer or any Servicer). If the Master Servicer or the Trustee has been advised that it is likely that the laws of the state in which action is to be taken prohibit such action if taken in the name of the Trustee or that the Trustee would be adversely affected under the "doing business" or tax laws of such state if such action is taken in its name, the Master Servicer shall join with the Trustee in the appointment of a co-trustee pursuant to Section 9.11 hereof. In the performance of its duties hereunder, the Master Servicer shall be an independent contractor and shall not, except in those instances where it is taking action in the name of the Trust, be deemed to be the agent of the Trust.
REMIC. Each of the Lower Tier REMIC and the Upper Tier REMIC, as described in the Preliminary Statement hereto.
