REMIC Status. (a) The parties hereto intend that each REMIC created hereunder shall constitute, and that the affairs of each REMIC created hereunder shall be conducted so as to qualify it as a REMIC in accordance with the REMIC Provisions. In furtherance of such intention, JPMorgan Chase Bank, National Association, or such other person designated pursuant to Section 11.18 hereof shall act as agent for the Trust and as Tax Matters Person for the Trust and that in such capacity it shall: (i) prepare or cause to be prepared and filed, at its own expense, in a timely manner, annual tax returns and any other tax return required to be filed by each REMIC created hereunder using a calendar year as the taxable year for such REMIC; (ii) in the related first such tax return, make (or cause to be made) an election satisfying the requirements of the REMIC Provisions, on behalf of each REMIC created hereunder, for it to be treated as a REMIC; (iii) at the Tax Matters Person’s expense, prepare and forward, or cause to be prepared and forwarded, to the Owners all information, reports or tax returns required with respect to each REMIC created hereunder, including Schedule Q to Form 1066, as, when and in the form required to be provided to the Owners, and to the Internal Revenue Service and any other relevant governmental taxing authority in accordance with the REMIC Provisions and any other applicable federal, state or local laws, including without limitation information reports relating to “original issue discount” as defined in the Code based upon the prepayment assumption and calculated by using the “Issue Price” (within the meaning of Section 1273 of the Code) of the Certificates of the related Class; provided that the tax return filed on Schedule Q to Form 1066 shall be prepared and forwarded to the Owners of the Class R Certificates no later than 50 days after the end of the period to which such tax return was due; (iv) not take any action or omit to take any action that would cause the termination of the REMIC status of any REMIC created hereunder, except as provided under this Agreement; (v) represent the Trust or each REMIC created hereunder in any administrative or judicial proceedings relating to an examination or audit by any governmental taxing authority, request an administrative adjustment as to a taxable year of the Trust or each REMIC created hereunder, enter into settlement agreements with any governmental taxing agency, extend any statute of limitations relating to a...
REMIC Status. The Mortgage Loan is a qualified mortgage for inclusion in a "real estate mortgage investment conduit" for federal income tax purposes;
REMIC Status. The Servicer is hereby notified, and the Servicer hereby acknowledges such notice, that the Mortgage Loans will be held in a securitization pursuant to which a REMIC election will be made.
REMIC Status. The Servicer is hereby notified, and the Servicer hereby acknowledges such notice, that the Mortgage Loans will be held in a securitization pursuant to which a REMIC election will be made. Executed as of the day and year first above written. XXXXXXXXX MORTGAGE HOME LOANS, INC., as Seller By: /s/Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx Vice President XXXXX FARGO HOME MORTGAGE, INC., as Servicer By: /s/Xxxxxx Xxxx Name: Xxxxxx Xxxx Title: Vice President XXXXX FARGO BANK MINNESOTA, NATIONAL ASSOCIATION, as Master Servicer By: /s/Xxxxx X. Xxxxxxxxx Name: Xxxxx X. Xxxxxxxxx Title: Vice President Acknowledged By: DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee on behalf of Xxxxxxxxx Mortgage Securities Trust 2002-3 By: /s/Xxxxxxx Xxxxx Name: Xxxxxxx Xxxxx Title: Associate EXHIBIT A Modifications to the Servicing Agreement
REMIC Status. 144 Section 11.17 Additional Limitation on Action and Imposition of Tax................................................146 Section 11.18 Appointment of Tax Matters Person.....................146 Section 11.19 The Certificate Insurer...............................146 Section 11.20 Reserved..............................................147 Section 11.21 Third Party Rights....................................147 Section 11.22 Notices...............................................147
REMIC Status. 88 Section 11.17 Additional Limitation on Action and Imposition of Tax................................................ 89 Section 11.18 Appointment of Tax Matters Person..................... 89 Section 11.19 The Certificate Insurer............................... 89 Section 11.20 Reserved.............................................. 89 Section 11.21 Third Party Rights.................................... 89 Section 11.25 Notices............................................... 90 Section 11.26 Notice to Trustee of Amendments to Premuim Letter................................................ 92 EXHIBIT A - Form of Class A Certificate EXHIBIT B - Form of Class X Certificate EXHIBIT C - Form of Class R Certificate EXHIBIT D - Certificate to be Delivered Upon Exchange or Registration of Transfer of Class X Certificates or Class R Certificates EXHIBIT E - Form of Trustee's Receipt EXHIBIT F - Form of Pool Certification EXHIBIT G - Form of Delivery Order EXHIBIT H - Form of Transferor Certificate for Transfers of REMIC Residual Certificates EXHIBIT I - Form of Notice EXHIBIT J - Form of Transfer Affidavit and Agreement for Transfers of REMIC Residual Certificates EXHIBIT K - Reserved EXHIBIT L - Form of Liquidation Report SCHEDULE I - Representations and Warranties as to the Mortgage Loan SCHEDULE I-A - Schedule of Fixed Rate Group Mortgage Loans SCHEDULE I-B - Schedule of Adjustable Rate Group Mortgage Loans
REMIC Status. 136 Section 11.17 Additional Limitation on Action and Imposition of Tax..............................................137 Section 11.18 Appointment of Tax Matters Person......................138 Section 11.19 The Certificate Insurer................................138 Section 11.20 Reserved...............................................138 Section 11.21 Third Party Rights.....................................138 Section 11.22 Notices................................................138 SCHEDULE I-A......................................................I-A-1 SCHEDULE I-B......................................................I-B-1 SCHEDULE II.......................................................II-1 SCHEDULE III......................................................III-1 SCHEDULE IV.......................................................IV-1 EXHIBIT A-1.......................................................A-1-1 EXHIBIT A-2.......................................................A-2-1 EXHIBIT A-3.......................................................A-3-1 EXHIBIT A-4.......................................................A-4-1 EXHIBIT A-5.......................................................A-5-1 EXHIBIT A-6.......................................................A-6-1 EXHIBIT A-7.......................................................A-7-1 EXHIBIT A-8.......................................................A-8-1 EXHIBIT A-9IO.....................................................A-9-IO-1 EXHIBIT B.........................................................B-1 EXHIBIT C ........................................................C-1 EXHIBIT R.........................................................R-1 EXHIBIT R-I.......................................................R-I-1 EXHIBIT R-II......................................................R-II-1 EXHIBIT D.........................................................D-1 EXHIBIT E.........................................................E-1 EXHIBIT F.........................................................F-1 EXHIBIT G.........................................................G-1 EXHIBIT H.........................................................H-1 EXHIBIT I.........................................................I-1 POOLING AND SERVICING AGREEMENT, relating to CONTIMORTGAGE HOME EQUITY LOAN TRUST 1999-2 (the "Trust"), dated as of March 1, 1999, by and among CONTISECURITIES ASSET FUNDING CORP., a Delaware corporation, in its capacity as Deposi...
REMIC Status. 119 Section 11.17 Additional Limitation on Action and Imposition of Tax.....121 Section 11.18
REMIC Status. The provisions of this Indenture shall be construed so as to carry out the intention of the parties that the Trust Estate and any other assets specified in such REMIC election or elections and securing a Series of Bonds, be treated as a REMIC, if a REMIC election or elections has or have been made or will be made in respect of the Trust Estate or such other assets, at all times so long as any Bond of such Series is Outstanding (or would be treated as Outstanding for purposes of a Non-Disqualification Opinion).
REMIC Status. 108 Section 11.17 Additional Limitation on Action and Imposition of Tax..109 Section 11.18
