Servicer Compliance Statement. On or before March 1 of each calendar year, commencing in 2007, the Servicer shall deliver to the Owner and any Depositor a statement of compliance addressed to the Owner and such Depositor and signed by an authorized officer of the Servicer, to the effect that (i) a review of the Servicer’s activities during the immediately preceding calendar year (or applicable portion thereof) and of its performance under this Agreement and any applicable Reconstitution Agreement during such period has been made under such officer’s supervision, and (ii) to the best of such officers’ knowledge, based on such review, the Servicer has fulfilled all of its obligations under this Agreement and any applicable Reconstitution Agreement in all material respects throughout such calendar year (or applicable portion thereof) or, if there has been a failure to fulfill any such obligation in any material respect, specifically identifying each such failure known to such officer and the nature and the status thereof.
Servicer Compliance Statement. On or before March 5 of each calendar year, commencing in 2007, the Company shall deliver to the Purchaser and any Depositor a statement of compliance addressed to the Purchaser and such Depositor and signed by an authorized officer of the Company, to the effect that (i) a review of the Company's servicing activities during the immediately preceding calendar year (or applicable portion thereof) and of its performance under the servicing provisions of this Agreement and any applicable Reconstitution Agreement during such period has been made under such officer's supervision, and (ii) to the best of such officers' knowledge, based on such review, the Company has fulfilled all of its servicing obligations under this Agreement and any applicable Reconstitution Agreement in all material respects throughout such calendar year (or applicable portion thereof) or, if there has been a failure to fulfill any such obligation in any material respect, specifically identifying each such failure known to such officer and the nature and the status thereof.
Servicer Compliance Statement. On or before March 1st of each calendar year, commencing in 2007, the Servicer shall deliver to the Master Servicer and the Depositor a Servicing Officer’s certificate in the form of Exhibit J hereto, addressed to the Master Servicer and the Depositor and signed by an authorized Servicing Officer, to the effect that (i) a review of the Servicer’s activities during the immediately preceding calendar year (or applicable portion thereof) and of its performance under this Agreement during such period has been made under such Servicing Officer’s supervision, and (ii) to the best of such Servicing Officer’s knowledge, based on such review, the Servicer has fulfilled all of its obligations under this Agreement in all material respects throughout such calendar year (or applicable portion thereof) or, if there has been a failure to fulfill any such obligation in any material respect, specifically identifying each such failure known to such officer and the nature and the status thereof.
Servicer Compliance Statement. The Company shall deliver using best reasonable efforts on or before March 1, but in no event later than March 15, of each calendar year, commencing in 2007, to the Purchaser and any Depositor a statement of compliance addressed to the Purchaser and such Depositor and signed by an authorized officer of the Company, to the effect that (i) a review of the Company’s servicing activities during the immediately preceding calendar year (or applicable portion thereof) and of its performance under the servicing provisions of this Agreement and any applicable Reconstitution Agreement during such period has been made under such officer’s supervision, and (ii) to the best of such officers’ knowledge, based on such review, the Company has fulfilled all of its servicing obligations under this Agreement and any applicable Reconstitution Agreement in all material respects throughout such calendar year (or applicable portion thereof) or, if there has been a failure to fulfill any such obligation in any material respect, specifically identifying each such failure known to such officer and the nature and the status thereof.
Servicer Compliance Statement. Section 13.05 Report on Assessment of Compliance and Attestation............ Section 13.06 Use of Subservicers and Subcontractors........................ Section 13.07
Servicer Compliance Statement. On or before March 5th of each calendar year when the Depositor is required to file reports under the Exchange Act with respect to the related Securitization Transaction, commencing in 2012, the Company shall deliver to the Owner and any Master Servicer, or any Depositor if a Master Servicer has not been identified for the related Securitization Transaction, a statement of compliance addressed to such parties and signed by an authorized officer of the Company, to the effect that (i) a review of the Company’s activities during the immediately preceding calendar year (or applicable portion thereof) and of its performance under the Agreement and any applicable Reconstitution Agreement during such period has been made under such officer’s supervision, and (ii) to the best of such officers’ knowledge, based on such review, the Company has fulfilled all of its obligations under the Agreement and any applicable Reconstitution Agreement in all material respects throughout such calendar year (or applicable portion thereof) or, if there has been a failure to fulfill any such obligation in any material respect, specifically identifying each such failure known to such officer and the nature and the status thereof.
Servicer Compliance Statement. (a) On or before March 1st of each calendar year, beginning with March 1, 2007, the Servicer, at its own expense, will deliver to the Seller, the NIMS Insurer, the Trustee, the Depositor and the Master Servicer with respect to the period ending on the immediately preceding December 31, a Servicing Officer’s certificate in the form of Exhibit K hereto, stating, as to each signer thereof, that (1) a review of the activities of the Servicer during such preceding calendar year or portion thereof and of its performance under this Agreement for such period has been made under such Servicing Officer’s supervision and (2) to the best of such officers’ knowledge, based on such review, the Servicer has fulfilled all of its obligations under this Agreement in all material respects throughout such year (or applicable portion thereof), or, if there has been a failure to fulfill any such obligation in any material respect, specifically identifying each such failure known to such Servicing Officer and the nature and status thereof, including the steps being taken by the Servicer to remedy such default.
Servicer Compliance Statement. 56 31.05 Report on Assessment of Compliance and Attestation..............56 31.06 Use of Subservicers and Subcontractors..........................57 31.07 Indemnification; Remedies.......................................58 EXHIBIT A COLLECTION ACCOUNT LETTER AGREEMENT EXHIBIT B ESCROW ACCOUNT LETTER AGREEMENT EXHIBIT C CONTENTS OF LEGAL FILE EXHIBIT D CONTENTS OF SERVICING FILE EXHIBIT E INFORMATION INCLUDED ON MORTGAGE LOAN SCHEDULE EXHIBIT F ACKNOWLEDGMENT AGREEMENT EXHIBIT G FORM OF INDEMNIFICATION AGREEMENT EXHIBIT H SERVICE RELEASE AND TRANSFER OF OWNERSHIP AGREEMENT EXHIBIT I ANNUAL CERTIFICATION EXHIBIT J SERVICING CRITERIA TO BE ADDRESSED IN ASSESSMENT OF COMPLIANCE SCHEDULE I REPORTS PREPARED BY THE SERVICER SCHEDULE II [RESERVED] SCHEDULE III PREPAYMENT PENALTY SCHEDULE FIRST AMENDED AND RESTATED SERVICING AGREEMENT This First Amended and Restated Servicing Agreement (this "Agreement"), dated as of January 1, 2006 (the "Effective Date"), is entered into by and between Morgan Stanley Mortgage Capital Inc., a New York corporation haxxxx xn xxxxxx at 1633 Broadway, New York, New York 10019 (the "Owner"), and GMAC Xxxxxxxx Xxxxxxxxxxx, x Xxxxxxxxxxxx xorporation having an office at 100 Witmer Road, Horsham, Pennsylvania 19044 (the "Servicer").
Servicer Compliance Statement. Section 14.05 Report on Assessment of Compliance and Attestation. 65 Section 14.06 Use of Subservicers and Subcontractors. 67 Section 14.07 Indemnification; Remedies. EXHIBITS EXHIBIT 1 FORM OF TRIAL BALANCE EXHIBIT 2 FORM OF CUSTODIAL ACCOUNT CERTIFICATION EXHIBIT 3 FORM OF CUSTODIAL ACCOUNT LETTER AGREEMENT EXHIBIT 4 FORM OF ESCROW ACCOUNT CERTIFICATION EXHIBIT 5 FORM OF ESCROW ACCOUNT LETTER AGREEMENT EXHIBIT 6 MORTGAGE LOAN DOCUMENTS EXHIBIT 7 MORTGAGE LOAN SCHEDULE EXHIBIT 8 TRANSFER INSTRUCTIONS EXHIBIT 9A ELIGIBILITY CRITERIA FOR ALT A FIRST LIEN MORTGAGE LOANS AND ALT A SECOND LIEN CLOSED-END MORTGAGE LOANS EXHIBIT 9B ELIGIBILITY CRITERIA FOR SUBPRIME SECOND LIEN MORTGAGE LOANS EXHIBIT 10 FORM OF LIMITED POWER OF ATTORNEY EXHIBIT 11 FORM OF OPINION OF COUNSEL TO THE SERVICER FOR RECONSTITUTION EXHIBIT 12A TERM SHEET FOR ALT A FIRST LIEN MORTGAGE LOANS AND ALT A SECOND LIEN CLOSED-END MORTGAGE LOANS EXHIBIT 12B TERM SHEET FOR SUBPRIME SECOND LIEN MORTGAGE LOANS EXHIBIT 13 SERVICING PERFORMANCE STANDARDS AND APPROVAL MATRIX EXHIBIT 14 FORM OF ASSIGNMENT, ASSUMPTION AND RECOGNITION AGREEMENT EXHIBIT 15 FORM OF INDEMNIFICATION AGREEMENT EXHIBIT 16 FORM OF LIQUIDATION REPORT EXHIBIT 17 FORM OF MONTHLY REPORTING PACKAGE EXHIBIT 18 SERVICER RATINGS EXHIBIT 19 FORM OF POOLING AND SERVICING AGREEMENT EXHIBIT 20 FORM OF ANNUAL CERTIFICATION EXHIBIT 21 SERVICING CRITERIA TO BE ADDRESSED IN ASSESSMENT OF COMPLIANCE SERVICING AGREEMENT This Amended and Restated Servicing Agreement (“Servicing Agreement” or “Agreement”) is entered into as of August 5, 2005, as amended and restated to and including January 2, 2007, by and among GMAC MORTGAGE, LLC (formerly known as GMAC Mortgage Corporation), a Delaware limited liability company (the “Servicer”) and DB STRUCTURED PRODUCTS, INC., a Delaware corporation (the “Owner”).
Servicer Compliance Statement. On or before March 1 of each calendar year, the Subservicer shall deliver to TMHL, the Master Servicer and any Depositor a statement of compliance (“Compliance Statement”) addressed to TMHL, the Master Servicer and such Depositor and signed by an authorized officer of the Subservicer, to the effect that (i) a review of the Subservicer’s activities during the immediately preceding calendar year (or applicable portion thereof) and of its performance under the Agreement during such period has been made under such officer’s supervision, and (ii) to the best of such officers’ knowledge, based on such review, the Subservicer has fulfilled all of its obligations under the Agreement in all material respects throughout such calendar year (or applicable portion thereof) or, if there has been a failure to fulfill any such obligation in any material respect, specifically identifying each such failure known to such officer and the nature and the status thereof.
