Statements to Securityholders. (a) With respect to each Payment Date, the Servicer shall forward to the Indenture Trustee and the Indenture Trustee pursuant to Section 3.26 of the Indenture shall forward or cause to be forwarded by mail to each Certificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement setting forth the following information as to the Notes and Certificates, to the extent applicable: (i) the aggregate amount of (a) Security Interest Collections with respect to the Notes and the Certificates, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections for the related Collection Period with respect to the Notes and the Certificates; (ii) the amount of such distribution to the Securityholders of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment Date; (iii) the amount of such distribution to the Securityholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect of overdue accrued interest; (iv) the Credit Enhancement Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursed; (v) the aggregate Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, as of the end of the preceding Collection Period and (d) all of the Mortgage Loans; (vi) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 days and 180 or more days, respectively and (b) that have become REO, in each case as of the end of the preceding Collection Period; provided, however, that such information will not be provided on the statements relating to the first Payment Date; (vii) the Weighted Average Net Mortgage Rate for the related Collection Period and the Weighted Average Net Mortgage Rate for (a) the ________ Loans, (b) the _______Loans and (c) the _________ Loans for the related Collection Period; (viii) the Special Capital Distribution Amount and the Required Special Capital Distribution Amount, in each case as the end of the related Collection Period; and (ix) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account; (x) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any remaining Carryover Loss Amount with respect to the Notes and Certificates, respectively, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as a percentage of the sum of (a) the Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool Balance; (xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date; (xii) the aggregate Principal Balance of each Class of Notes and of the Certificates after giving effect to the distribution of principal on such Payment Date; (xiii) the respective Security Percentage applicable to the Notes and Certificates, after application of payments made on such Payment Date; and (xiv) the amount distributed pursuant to Section 3.05(a)(xi) of the Indenture on such Payment Date. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate with a $1,000 denomination. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Account and deposited into the Payment Account on the Business Day preceding the Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s written request, the Servicer shall promptly furnish information reasonably requested by the Company that is reasonably available to the Servicer to enable the Company to perform its federal and state income tax reporting obligations.
Appears in 1 contract
Sources: Servicing Agreement (National City Mortgage Capital LLC)
Statements to Securityholders. (a) With respect to On each Payment Distribution Date, the Servicer shall forward to (i) the Indenture Trustee shall include with each distribution to each Noteholder of record as of the related Record Date and (ii) the Indenture Owner Trustee shall include with each distribution to each Certificateholder of record as of the related Record Date a statement, prepared by the Master Servicer, based on the information in the Distribution Date Statement furnished pursuant to Section 3.26 of the Indenture shall forward or cause to be forwarded by mail to each Certificateholder4.09, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement setting forth for such Distribution Date the following information as to of the Notes and Certificatesrelated Record Date or such Distribution Date, to as the extent applicablecase may be:
(i) the aggregate amount of such distribution allocable to principal (a) Security Interest Collections with respect to the Notes and the Certificates, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections stated separately for the related Collection Period with respect to the Notes and the Certificateseach Class of Notes);
(ii) the amount of such distribution allocable to the Securityholders interest (stated separately for each Class of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment DateNotes);
(iii) the amount Interest Distributable Amount for each Class of such distribution to the Securityholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect of overdue accrued interestNotes;
(iv) the Credit Enhancement Draw Amount, if any, for amount of any Interest Carryover Shortfall on such Payment Distribution Date and the aggregate amount of prior draws thereunder not yet reimbursedchange in such amounts from those with respect to the immediately preceding Distribution Date;
(v) the aggregate Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, as amount of the end of Servicing Fee paid to the preceding Master Servicer with respect to the related Collection Period and (d) all of the Mortgage LoansPeriod;
(vi) the number Class A Principal Distributable Amount, the Class B Principal Distributable Amount, the Class C Principal Distributable Amount and aggregate the Class D Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 days and 180 or more days, respectively and (b) that have become REO, in each case as of the end of the preceding Collection Period; provided, however, that such information will not be provided on the statements relating to the first Payment DateDistributable Amount;
(vii) with respect to each Class of Notes, the Weighted Average Net Mortgage Rate excess, if any, of the amount distributable in respect of principal on such Class of Notes over the amount allocated for the related Collection Period and the Weighted Average Net Mortgage Rate for payment of principal on such Class of Notes;
(aviii) the ________ Loans, (b) the _______Loans and (c) the _________ Loans Aggregate Net Liquidation Losses for the related Collection Period;
(viiiix) the Special Capital aggregate Principal Balance of Delinquent Contracts as of the close of business on the last day of such Collection Period;
(x) the Aggregate Principal Balance as of the close of business on the last day of such Collection Period;
(xi) the principal amount of each Class of Notes as of such Distribution Date, after giving effect to payments allocated to principal reported under clause (i) above;
(xii) the Certificate Distributable Amount;
(xiii) the amount on deposit in the Spread Account on such Distribution Date, after giving effect to distributions made on such Distribution Date, and the change in such balance from the immediately preceding Distribution Date;
(xiv) the Overcollateralization Amount and the Required Special Capital amount by which the Aggregate Principal Balance exceeds the Outstanding Amount of the Notes (after giving effect to any payments made to Holders of the Notes on that Distribution Date);
(xv) the disposition amounts withdrawn from the Spread Account, including the amounts used to increase the level of overcollateralization to the Overcollateralization Amount, in each case as and the end Excess Spread Amount, if any, for such Distribution Date;
(xvi) the amount of Net Collections;
(xvii) during the Pre-Funding Period, the amount, if any, withdrawn from the Pre-Funding Account to purchase Subsequent Receivables during the related Collection Period; and
(ixxviii) for the aggregate amount first Distribution Date immediately following the end of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Pre-Funding Account;
(x) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the Remaining Pre-Funding Amount, if any. Each amount of any remaining Carryover Loss Amount with respect to the Notes and Certificates, respectively, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as a percentage of the sum of (a) the Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool Balance;
(xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date;
(xii) the aggregate Principal Balance of each Class of Notes and of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiii) the respective Security Percentage applicable to the Notes and Certificates, after application of payments made on such Payment Date; and
(xiv) the amount distributed pursuant to Section 3.05(a)(xi) of the Indenture on such Payment Date. In the case of information furnished set forth pursuant to clauses (i), (ii), (iv) and (iiiv) above, the amounts above shall be expressed in the aggregate and as an aggregate a dollar amount per Note or Certificate with $1,000.00 original principal amount of a $1,000 denomination. Prior to Note.
(b) Within a reasonable period of time after the close end of business on each calendar year, but not later than the Business Day next succeeding each Determination Datelatest date permitted by law, the Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting shall mail to each Person who at any time during such calendar year shall have been a Holder of a Note a statement or statements, prepared by the Master Servicer, which in the aggregate contain the sum of the amounts set forth in clauses (i) all the foregoing information), (ii), (iv) the aggregate amounts required to be withdrawn from the Collection Account and deposited into the Payment Account on the Business Day preceding the Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(bv) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture. The determination by the Servicer of above for such amounts shallcalendar year or, in the absence event such Person shall have been a Holder of obvious errora Note during a portion of such calendar year, be presumptively deemed to be correct for all the applicable portion of such year, for the purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verificationof such Noteholder's preparation of federal income tax returns. In addition, upon the Company’s written request, the Master Servicer shall promptly furnish information reasonably requested by the Company that is reasonably available to the Servicer Indenture Trustee for distribution to enable such Person at such time any other information necessary under applicable law for the Company to perform its federal and state preparation of such income tax reporting obligationsreturns.
Appears in 1 contract
Sources: Sale and Servicing Agreement (WFS Receivables Corp 3)
Statements to Securityholders. (a) With respect On or prior to each Payment Date, the Servicer shall forward provide to the Indenture Trustee and the Indenture Owner Trustee (with a copy to the Rating Agencies) for the Trustee and the Owner Trustee to forward to each Securityholder of record (in the case of the Trustee, pursuant to Section 3.26 of 5.8(b)) the Indenture shall forward statement or cause to be forwarded statements provided by mail to each Certificateholder, Noteholder, the Credit Enhancer, Servicer in substantially the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement form attached hereto as Exhibit E setting forth at least the following information as to the Notes and Certificates, to the extent applicableinformation:
(i) the aggregate amount of (a) Security Interest Collections with respect any distributions allocable to the Notes and the Certificates, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections for the related Collection Period with respect to the Notes and the Certificatesprincipal of each Class of Notes;
(ii) the amount of such distribution allocable to the Securityholders interest on or with respect to each Class of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment DateNotes;
(iii) the amount of such distribution to the Securityholders Pool Balance as of the Notes and close of business on the Certificates allocable to interest and separately stating last day of the portion thereof in respect of overdue accrued interestrelated Collection Period;
(iv) the Credit Enhancement Draw Amount, if any, Note Balance for such Payment Date and the aggregate amount each Class of prior draws thereunder not yet reimbursedNotes after giving effect to payments allocated to principal reported under clause (i) above;
(v) the aggregate Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, as amount of the end Servicing Fee paid to the Servicer with respect to the related Collection Period, and the amount of any unpaid Servicing Fees and the preceding Collection Period and (d) all of change in such amount from the Mortgage Loansprior Payment Date;
(vi) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 days and 180 or more days, respectively and (b) that have become REO, in each case as amount of the end of Backup Servicing Fee and the preceding Trustee Fees paid to the Backup Servicer, the Trustee and the Owner Trustee, as applicable, with respect to the related Collection Period; provided, however, that and the amount of any unpaid Backup Servicing Fees and Trustee Fees and the change in all such information will not be provided on amounts from the statements relating to the first prior Payment Date;
(vii) the Weighted Average Net Mortgage Rate Noteholders’ Interest Carryover Shortfall for each Class of Notes for such Payment Date;
(viii) the amount, if any, paid to the Noteholders from the Series 2011-C Spread Account for such Payment Date;
(ix) the aggregate amount in the Series 2011-C Spread Account and the change in such amount from the previous Payment Date and the Specified Spread Account Requisite Amount for such Payment Date;
(x) the number of Receivables and the aggregate net balance thereon for which the related Obligors are delinquent in making Scheduled Receivable Payments for (a) 31 to 60 days, (b) 61 to 90 days, and (c) 91 days or more;
(xi) the number and the aggregate Purchase Amounts for Receivables purchased by CPS or purchased by the Servicer during the related Collection Period and the Weighted Average Net Mortgage Rate for summary information as to losses and delinquencies with respect to such Receivables;
(axii) the ________ LoansPrincipal Balance of all Receivables that have become Liquidated Receivables, (b) the _______Loans and (c) the _________ Loans for net of Recoveries, during the related Collection Period;
(viiixiii) the Special Capital Distribution Amount and cumulative Principal Balance of all Receivables that have become Liquidated Receivables, net of Recoveries, during the Required Special Capital Distribution Amount, in each case as period from the end Cutoff Date to the last day of the related Collection Period;
(xiv) the amount of any Texas Franchise Tax due and owing by CPS under the Receivables Purchase Agreement to the taxing authority of the State of Texas on or prior to the related Payment Date or paid by CPS since the prior Payment Date;
(xv) the Three-Month Rolling Average Extension Ratio, the Cumulative Net Loss Rate, the Delinquency Ratio and the Three-Month Rolling Average Delinquency Ratio;
(xvi) the aggregate Sale Amount with respect to Sold Receivables, if any, during the related Collection Period;
(xvii) for any Payment Date during the Funding Period, the Pre-Funded Amount and the change in such amount from the previous Payment Date; and
(ixxviii) for the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account;
(x) the aggregate Liquidation Loss Amounts with respect to the related Collection PeriodMandatory Redemption Date, the amount of any remaining Carryover Loss Pre-Funded Amount with respect that was not used to fund the Notes and Certificates, respectively, and the aggregate purchase of the Liquidation Loss Amounts from all Collection Periods to date expressed as a percentage of the sum of (a) the Cut-Off Date Pool Balance and Subsequent Receivables.
(b) Within 60 days after the amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool Balance;
(xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date;
(xii) the aggregate Principal Balance end of each Class of Notes and of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiii) the respective Security Percentage applicable to the Notes and Certificates, after application of payments made on such Payment Date; and
(xiv) the amount distributed pursuant to Section 3.05(a)(xi) of the Indenture on such Payment Date. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate with a $1,000 denomination. Prior to the close of business on the Business Day next succeeding each Determination Datecalendar year, the Servicer shall furnish a written statement deliver to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee a statement setting forth the amounts paid during such preceding calendar year in respect of paragraphs (i) all the foregoing information), (ii), (v) the aggregate amounts required to be withdrawn from the Collection Account and deposited into the Payment Account on the Business Day preceding the Payment Date pursuant to Section 3.03 and (iiivi) the amounts (A) withdrawn from the Payment Account above. The Trustee shall mail a copy of such statement to each person who at any time during such preceding calendar year shall have been a Securityholder of record and deposited to the Funding Account pursuant to Section 8.02(b) received any payment in respect of the Indenture and Securities.
(Bc) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s written request, the Servicer shall promptly furnish information reasonably requested by the Company that is reasonably may make available to the Securityholders, via the Trustee’s Internet Website, all statements described herein and, with the consent or at the direction of the Seller, such other information regarding the Notes and/or the Receivables as the Trustee may have in its possession, but only with the use of a password provided by the Trustee. The Trustee will make no representation or warranties as to the accuracy or completeness of such documents and will assume no responsibility therefor. The Trustee’s Internet Website shall be initially located at “w▇▇.▇▇▇▇▇▇▇.▇▇▇” or at such other address as shall be specified by the Trustee from time to time in writing to the Securityholders. In connection with providing access to the Trustee’s Internet Website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee shall not be liable for the dissemination of information in accordance with this Agreement.
(d) The Servicer will supply to enable the Company Trustee, at the time and in the manner required by applicable Treasury Regulations, for further distribution to perform its federal such Persons, and state income tax reporting obligationsto the extent, required by applicable Treasury Regulations information with respect to any “original issue discount” accruing on the Class C Notes and the Class D Notes.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Statements to Securityholders. (a) With respect to each Payment Date, on the related Determination Date, the Servicer shall forward to the Indenture Trustee and the Indenture Trustee pursuant to Section 3.26 of the Indenture monthly Servicing Reports in a mutually agreeable electronic format. The Servicing Reports shall forward or cause to be forwarded by mail to each Certificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement setting set forth the following information as to the Notes and Certificates, to the extent applicable:
(i) the aggregate amount of (a) Security Interest Collections with respect to the Notes and the CertificatesCollections, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and Collections, (c) Security Collections for the related Collection Period with respect to the Notes Substitution Adjustment Amounts and the Certificates(d) Investor P&I Collections;
(ii) the amount of such distribution to the Securityholders of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment Date;
(iii) the amount of such distribution to the Securityholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect of overdue accrued interest;
(iv) the Credit Enhancement Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursed;
(v) the aggregate Principal Balance of (a) the ________ Loans, (b) aggregate Loan Balance of the ______ Loans, (c) the _________ Loans, Home Equity Loans as of the end of the preceding Collection Period Period, (b) the Investor Amount, (c) the aggregate Loan Balance of the Mortgage Loans and (d) all the aggregate Loan Balance of the Mortgage Revolving Credit Loans;
(viiii) with respect to the Revolving Credit Loans, the aggregate amount of Additional Balances created during the previous Collection Period conveyed to the Issuer;
(iv) the number and aggregate Principal Loan Balances of Mortgage Home Equity Loans (a) as to which the Minimum Monthly Payment is delinquent for 30[__]-59 [__] days, 60[__]-89 days, 90-179 [__] days and 180 [__] or more days, respectively respectively, (b) that are foreclosed and (bc) that have become REO, in each case as of the end of the preceding Collection Period; provided, however, that such information will not be provided on the statements relating to the first Payment Date;
(vii) the Weighted Average Net Mortgage Rate for the related Collection Period and the Weighted Average Net Mortgage Rate for (a) the ________ Loans, (b) the _______Loans and (c) the _________ Loans for the related Collection Period;
(viii) the Special Capital Distribution Amount and the Required Special Capital Distribution Amount, in each case as the end of the related Collection Period; and
(ix) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account;
(xv) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any remaining Carryover Liquidation Loss Amount Distribution Amounts with respect to the Notes and Certificates, respectivelyNotes, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollars and as a percentage of the sum of (a) the aggregate Cut-Off off Date Pool Balance and (b) the amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool Loan Balance;
(vi) the aggregate Servicing Fees for the related Collection Period and the aggregate amount of Draws for the related Collection Period;
(vii) the aggregate outstanding principal balance of the [__] Home Equity Loans having the largest outstanding principal balances or Credit Limits, as applicable for the related Collection Period;
(viii) the number and aggregate outstanding principal balances of the Home Equity Loans which are [__] or more days delinquent in the payment of all or any portion of the scheduled interest or principal for the related Collection Period;
(ix) the [__]+ Delinquency Percentage (Rolling [__] Month) for the related Collection Period;
(x) the number and the aggregate Loan Balances of Liquidated Home Equity Loans for the related Collection Period; and
(xi) the number and the aggregate Loan Balances of Home Equity Loans having an outstanding principal balance (or any unpaid other amounts owing but otherwise unpaid) as of or following the final maturity date as set forth in the Related Documents respecting such Home Equity Loans. The Indenture Trustee pursuant to Section 3.26 of the Indenture shall prepare its monthly Statement based solely on the information contained in the Servicing Reports and shall make available such Statements to each Certificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency. The Indenture Trustee may conclusively rely on the correctness of the information contained in the Servicing Reports, without independent verification thereof. The Statements to Securityholders shall contain the information in the Servicing Report and the following information:
(i) the amount of any distribution of principal to the Noteholders;
(ii) the amount of any distribution of interest on to the Noteholders, separately stating the portion thereof in respect of overdue accrued interest;
(iii) the amount of any Credit Enhancement Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursed;
(iv) the amount of such distribution as principal and interest to the Certificateholders of each Class of Certificates, separately stating the portion thereof which resulted in a reduction of the Certificate Principal Balance thereof;
(v) the weighted average Net Loan Rate for the related Collection Period;
(vi) the Security Balance of the Notes and Certificates, respectively, after such Distribution Date;
(xii) the aggregate Class Principal Balance of each Class of Notes and of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiiivii) the respective Security Percentage applicable to Required Overcollateralization Amount for the Notes and Certificates, after application of payments made on such related Payment Date; and
(xivviii) the amount distributed pursuant to Section 3.05(a)(xi) of Overcollateralization Amount for the Indenture on such related Payment Date. In the case of information furnished pursuant to clauses (iii) and (iiiii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate Certificate, as applicable, with a $1,000 [__] denomination. The Indenture Trustee will make the monthly statement (and, at its option, any additional files containing the same information in an alternative format) available each month to the Noteholders, the Certificateholders, and the other parties described in the second preceding paragraph via the Indenture Trustee's internet website. The Indenture Trustee's internet website shall initially be located at "[__]". Assistance in using the website can be obtained by calling the Indenture Trustee's customer service desk at [__]. Parties that are unable to use the above Statement distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Indenture Trustee shall have the right to change the way monthly Statements are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders and the Certificateholders and the Indenture Trustee shall provide timely and adequate notification to all the Noteholders and the Certificateholders regarding any such changes. The Indenture Trustee shall deliver to the Credit Enhancer a paper copy of such monthly Statements. In addition, the Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make payments pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Account and deposited into the Payment Account on the Business Day preceding the Payment such Determination Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee Certificate Paying Agent and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s Issuer's written request, the Servicer shall promptly furnish information reasonably requested by the Company Issuer that is reasonably available to the Servicer to enable the Company Issuer to perform its federal and state income tax reporting obligations.
Appears in 1 contract
Sources: Servicing Agreement (Morgan Stanley Abs Capital I Inc)
Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Master Servicer shall forward the Servicing Certificate and a computer file containing mutually agreed upon loan level information to the Indenture Trustee Trustee, and the Indenture Trustee Trustee, pursuant to Section 3.26 of the Indenture Indenture, shall forward or cause to be forwarded by mail make such Servicing Certificate available to each Certificateholder, each Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, with a statement setting copy to the Enhancer. The Servicing Certificate shall set forth the following information as to the Notes and Certificates, to the extent applicable:
(i) the applicable Record Date, Determination Date and Payment Date;
(ii) the aggregate amount of (a) Security Interest Collections payments received with respect to the Notes and the CertificatesMortgage Loans, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections for the related Collection Period with respect to the Notes and the Certificatesincluding prepayment amounts;
(iiiii) the Servicing Fee and Subservicing Fee payable to the Master Servicer and the Subservicer;
(iv) the amount of any other fees or expenses paid, and the identity of the party receiving such fees or expenses;
(a) the amount of such distribution to the Securityholders of the Notes and the Certificates such Class applied to reduce the principal balance thereof Securities Balance thereof, and separately stating (b) the portion thereof in respect aggregate amount included therein representing Principal Prepayments;
(vi) the amount of such distribution to Holders of such Class of Securities allocable to interest;
(vii) if the distribution to the Holders of such Class of Securities is less than the full amount that would be distributable to such Holders if there were sufficient funds available therefor, the amount of the Accelerated Principal Distribution Amount shortfall;
(viii) the aggregate Securities Balance of each Class of Securities and [the amount Senior Percentage] [each of the related Class CB and Class NB Percentages and Subordinate Class Percentage], before and after giving effect to be deposited in the Funding Account amounts distributed on such Payment Date, separately identifying any reduction thereof due to Realized Losses other than pursuant to an actual distribution of principal;
(ix) the weighted average remaining term to maturity of the Mortgage Loans after giving effect to the amounts distributed on such Payment Date;
(iiix) the amount of such distribution to the Securityholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect of overdue accrued interest;
(iv) the Credit Enhancement Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursed;
(v) the aggregate Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, as of the end of the preceding Collection Period and (d) all weighted average Loan Rates of the Mortgage Loans;
(vi) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 days and 180 or more days, respectively and (b) that have become REO, in each case as of the end of the preceding Collection Period; provided, however, that such information will not be provided on the statements relating after giving effect to the first amounts distributed on such Payment Date;
(viixi) the Weighted Average Net Mortgage Rate for the related Collection Period and the Weighted Average Net Mortgage Rate for (a) the ________ Loansif applicable, (b) the _______Loans and (c) the _________ Loans for the related Collection Period;
(viii) the Special Capital Distribution Hazard Amount, Fraud Loss Amount and Bankruptcy Amount at the Required Special Capital Distribution Amount, in each case as the end opening of the related Collection Period; and
(ix) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account;
(x) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any remaining Carryover Loss Amount with respect to the Notes business and Certificates, respectively, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as a percentage of the sum of (a) the Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool Balance;
(xi) any unpaid interest close of business on the Notes applicable Payment Date and Certificates, respectively, after such Distribution Datea description of any change in the calculation of those amounts;
(xii) the aggregate Principal percentage of the outstanding principal balances of the Senior Securities after giving effect to the distributions on that Payment Date;
(xiii) the number and Pool Balance of each Class of Notes and of the Certificates Mortgage Loans after giving effect to the distribution of principal on such Payment Date and the number of Mortgage Loans at the beginning and end of the preceding Collection Period;
(xiv) on the basis of the most recent reports furnished to it by Sub-Servicers, the number and aggregate principal balances of Mortgage Loans that are Delinquent (A) 30-59 days, (B) 60-89 days and (C) 90 or more days and the number and aggregate principal balance of Mortgage Loans that are in foreclosure;
(xv) the aggregate amount of Realized Losses for such Payment Date;
(xiiixvi) any material modifications, extensions or waivers to the terms of the Mortgage Loans during the due period or that have cumulatively become material over time;
(xvii) any material breaches of Mortgage loan representations or warranties or covenants in the Agreement.
(xviii) [the Guaranteed Payment for such Payment Date, and the respective Security Percentage applicable portions thereof allocable to principal and interest for the Notes and Certificates, after application Insured Securities;]
(xix) [the amount of payments any Certificate Insurance Payment made on such Payment Date, the amount of any reimbursement payment made to Insurer on such Payment Date pursuant to Section [ ] of the Indenture and the amount of Cumulative Insurance Payments after giving effect to any such Insurance Payment or any such reimbursement payment to the Insurer;]
(xx) the related [Subordinate Principal Payment Amount and Prepayment Payment Percentage], if applicable;
(xxi) the number, aggregate principal balance and book value of any REO Properties;
(xxii) the aggregate accrued interest remaining unpaid, if any, for each Class of Securities, after giving effect to the distribution made on such Payment Date;
(xxiii) the weighted average pool strip rate for such Payment Date and the Pass-Through Rate with respect to the [Interest Only] Certificates and each Subclass, if any, thereof;
(a) [the number and principal amount of release agreements pursuant to Section [ ] entered into during the calendar year and since the Closing Date, stated separately, for the Mortgage Loans and, the aggregate outstanding principal amount of such release agreements expressed as a percentage of the Pool Balance with information provided separately with respect to all Unsecured Loans and (b) the number and principal amount of Capitalization Workouts pursuant to Section [ ] entered into since the Closing Date;]
(xxv) [the Pass-Through Rates on the [Floater Certificates] [and Inverse Floater Certificates] for such Payment Date, separately identifying LIBOR for such Payment Date;]
(xxvi) the Notional Amount with respect to each class of Interest Only Securities and each Subclass Notional Amount;
(xxvii) [the occurrence of the Credit Support Depletion Date [and the Accretion Termination Date;]
(xxviii) [the related Senior Accelerated Distribution Percentage applicable to such distribution;]
(xxix) [the related Senior Percentage for such Payment Date;]
(xxx) the aggregate amount of any recoveries on previously foreclosed loans from Sellers due to a breach of a representation or warranty assigned to the Indenture Trustee;
(xxxi) [the amount, if any, to be paid by a Derivative Counterparty under a Derivative Contract;]
(xxxii) whether or not a [Servicing Trigger] has occurred; and
(xivxxxiii) [the amount distributed pursuant to Section 3.05(a)(xi) of any payment made from the Indenture Reserve Fund on such Payment Date. Date and the balance of the Reserve Fund after giving effect to such amounts.] In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Note, as applicable, with a $xx,xxx denomination and per Certificate with a denomination equal to a xxx% Percentage Interest. In the case of information furnished pursuant to clause (iii) above for the Class A-IO Notes, the amount shall be expressed as an aggregate dollar amount with a $1,000 xxx,xxx,xxx denomination. If a Servicing Default shall occur, on the Business Day following the related Determination Date, the Master Servicer shall forward to the Indenture Trustee, a statement to such effect, including the nature of such Servicing Default. The Indenture Trustee, pursuant to Section 3.26 of the Indenture, shall deliver or cause to be delivered by mail to each Certificateholder, each Noteholder, the Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, notice of such Servicing Default, including the nature of such Servicing Default. Such statement may be included in, or separate from, the regular statement sent to Securityholders. The Indenture Trustee will make the Servicing Certificate (and, at its option, any additional files containing the same information in an alternative format) available each month to Securityholders, and other parties to this Agreement via the Indenture Trustee’s internet website. The Indenture Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Indenture Trustee’s customer service desk at xxx-xxx-xxxx. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Indenture Trustee shall have the right to change the way the statements to Securityholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Indenture Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The Indenture Trustee may require registration and the acceptance of a disclaimer in connection with access to its website.
(b) The Master Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Master Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Custodial Account and deposited into the Note Payment Account and/or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenturehereof. The determination by the Master Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be presumptively correct for all purposes hereunder hereunder, and the Owner Trustee and the Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the CompanyIssuer’s written request, the Master Servicer shall promptly furnish such information reasonably requested by the Company Issuer that is reasonably available to the Master Servicer to enable the Company Issuer to perform its federal and state income tax reporting obligations.
(c) The Master Servicer shall, on behalf of the Depositor and in respect of the Trust Fund, prepare and cause to be filed with the Commission any periodic reports required to be filed under the provisions of the Exchange Act, and the rules and regulations of the Commission thereunder including, without limitation, reports on Form 10-K, Form 10-D and Form 8-K. In connection with the preparation and filing of such periodic reports, the Indenture Trustee shall timely provide to the Master Servicer (I) a list of Securityholders as shown on the Register as of the end of each calendar year, (II) copies of all pleadings, other legal process and any other documents relating to any claims, charges or complaints involving the Indenture Trustee, as trustee hereunder, or the Trust Estate that are received by the Indenture Trustee, (III) notice of all matters that, to the actual knowledge of a Responsible Officer of the Indenture Trustee, have been submitted to a vote of the Securityholders, other than those matters that have been submitted to a vote of the Securityholders at the request of the Depositor or the Master Servicer, and (IV) notice of any failure of the Indenture Trustee to make any distribution to the Securityholders as required pursuant to this Agreement. Neither the Master Servicer nor the Indenture Trustee shall have any liability with respect to the Master Servicer’s failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer’s inability or failure to obtain any information not resulting from the Master Servicer’s own negligence or willful misconduct
(d) Any Form 10-K filed with the Commission in connection with this Section 4.01 shall include:
(i) A certification, signed by the senior officer in charge of the servicing functions of the Master Servicer, in the form attached as Exhibit D-1 hereto or such other form as may be required or permitted by the Commission (the “Form 10-K Certification”), in compliance with Rules 13a-14 and 15d-14 under the Exchange Act and any additional directives of the Commission.
(ii) A report regarding its assessment of compliance during the preceding calendar year with all applicable servicing criteria set forth in relevant Commission regulations with respect to mortgage-backed securities transactions taken as a whole involving the Master Servicer that are backed by the same types of assets as those backing the securities, as well as similar reports on assessment of compliance received from other parties participating in the servicing function as required by relevant Commission regulations, as described in Item 1122(a) of Regulation AB. The Master Servicer shall obtain from all other parties participating in the servicing function any required certifications.
(iii) With respect to each assessment report described immediately above, a report by a registered public accounting firm that attests to, and reports on, the assessment made by the asserting party, as set forth in relevant Commission regulations, as described in Regulation 1122(b) of Regulation AB and Section 3.11.
(iv) The servicer compliance certificate required to be delivered pursuant Section 3.10.
(e) In connection with the Form 10-K Certification, the Indenture Trustee shall provide the Master Servicer with a back-up certification substantially in the form attached hereto as Exhibit D-2.
(f) This Section 4.01 may be amended in accordance with this Agreement without the consent of the Securityholders.
Appears in 1 contract
Sources: Master Servicing Agreement (SG Mortgage Securities, LLC)
Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Servicer shall forward the Servicing Certificate to the Indenture Trustee Trustee, and the Indenture Trustee Trustee, pursuant to Section 3.26 of the Indenture Indenture, shall forward or cause to be forwarded by mail make such Servicing Certificate available to each Certificateholder, each Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent Agent, Bear ▇▇▇▇▇▇▇ Capital Markets Inc. and each Rating Agency, a statement setting . The Servicing Certificate shall set forth the following information as to the Notes and Certificates, to the extent applicable:
(i) for each Loan Group, the aggregate amount of (a) Security Interest Collections with respect to the Notes and the CertificatesCollections, (b) aggregate Security Principal Collections (and, with respect to any Payment Date relating to the Notes and the Certificates Managed Amortization Period, Net Principal Collections) and (c) Security Collections Substitution Adjustment Amounts for the related such Collection Period with respect to the Notes and the CertificatesPeriod;
(ii) the amount of such distribution as principal to the Securityholders Noteholders of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect each Class of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment DateNotes;
(iii) the amount of such distribution as interest to the Securityholders Noteholders of each Class of Notes, the Notes and the Certificates allocable to interest and separately stating the portion thereof amount thereof, if any, payable in respect of overdue accrued interestunpaid Interest Shortfalls, and the amount of any Interest Shortfalls for the related Payment Date;
(iv) the Credit Enhancement Policy Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws on the Policy thereunder not yet reimbursed;
(v) the amount of such distribution to the Certificateholders;
(vi) the aggregate Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, Mortgage Loans in each Loan Group as of the end of the preceding Collection Period and (d) all of the Mortgage LoansPeriod;
(vivii) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days89, 90-179 119 days, 120-149 days and 180 or more 150-179 days, respectively and respectively, (b) that have the related Mortgaged Property of which has been foreclosed upon and (c) as to which the related Mortgaged Property has become REOREO Property, in each case as of the end of the preceding Collection Period; provided, however, that such information will shall not be provided on the statements relating to the first Payment Date;
(viiviii) the Weighted Average number and aggregate Principal Balance of Mortgage Loans repurchased pursuant to Section 3.15(a) herein during such Collection Period;
(ix) the Net Mortgage Loan Rate for the related Collection Period and the Weighted Average Net Mortgage Rate for (a) the ________ Loans, (b) the _______Loans and (c) the _________ Loans each Loan Group for the related Collection Period;
(viiix) prior to the Special Capital Distribution Amount and second Determination Date following the Required Special Capital Distribution Amount, in each case as the end commencement of the related Collection Rapid Amortization Period; and
(ix) , the aggregate amount of Additional Loans acquired Balances created during the previous Collection Period with amounts in respect and conveyed to the Issuer prior to the commencement of Net Principal Collections from the Funding Accountsuch Rapid Amortization Period;
(xxi) the aggregate Liquidation Loss Amounts with respect to the related Collection PeriodPeriod for each Loan Group, the amount distributed as principal to Noteholders in respect of any remaining Carryover Liquidation Loss Amount with respect to the Notes and Certificates, respectively, Amounts and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollar amount and as a percentage of the sum of (a) the aggregate Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as Principal Balances of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool Balance;
(xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution DateMortgage Loans;
(xii) the aggregate Principal Note Balance of each Class of Notes and the Certificate Balance of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiii) the respective Security balance of the Pre-Funding Account, Funding Account, Capitalized Interest Account and Reserve Account as of the end of the preceding Collection Period;
(xiv) the Percentage Interest applicable to each of the Notes and CertificatesSecurities, after application of payments made on such Payment Date;
(xv) the Overcollateralization Amount for each Loan Group as of the end of the preceding Collection Period; and
(xivxvi) the amount distributed pursuant aggregate Principal Balance of Subsequent Mortgage Loans transferred to Section 3.05(a)(xi) of the Indenture on such Payment DateTrust Estate for each Loan Group. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Term Note, Variable Funding Note or Certificate Certificate, as applicable, with a $1,000 25,000 denomination. If a Managed Amortization Event, a Rapid Amortization Event or a Servicing Default shall occur, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee, and the Indenture Trustee, pursuant to Section 3.26 of the Indenture, shall forward or cause to be forwarded by mail to each Certificateholder, each Noteholder, the Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement to such effect, including, in the case of a Rapid Amortization Event or a Servicing Default, the nature thereof. Such statement may be included in, or separate from, the regular statement sent to Securityholders. The Indenture Trustee will make the monthly statement to Securityholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Securityholders, and other parties to this Agreement via the Indenture Trustee's internet website and its fax-on-demand service. The Indenture Trustee's fax-on-demand service may be accessed by calling (▇▇▇) ▇▇▇-▇▇▇▇. The Indenture Trustee's internet website shall initially be located at "▇▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website or the fax-on demand service can be obtained by calling the Indenture Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Indenture Trustee shall have the right to change the way the statements to Securityholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Indenture Trustee shall provide timely and adequate notification to all above parties regarding any such changes.
(b) The Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Custodial Account and deposited into the Note Payment Account, Reserve Account, Funding Account and/or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be presumptively correct for all purposes hereunder hereunder, and the Owner Trustee and the Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s Issuer's written request, the Servicer shall promptly furnish such information reasonably requested by the Company Issuer that is reasonably available to the Servicer to enable the Company Issuer to perform its federal and state income tax reporting obligations.
Appears in 1 contract
Sources: Servicing Agreement (Residential Funding Mortgage Securities Ii Inc)
Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day preceding the related Determination Date, the Servicer shall forward the Servicing Certificate and shall prepare and deliver to the Indenture Trustee Trustee, and the Indenture Trustee Trustee, pursuant to Section 3.26 of the Indenture Indenture, shall forward or cause to be forwarded by mail make a monthly statement available to each Certificateholder, each Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a . The monthly statement setting shall set forth the following information as to the Notes and Certificates, to the extent applicable:
(i) the aggregate amount of (a) Security Interest Collections with respect to the Notes and the Certificates, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections Collections, for the related Collection Period with respect to the Notes and the Certificatesperiod;
(ii) the amount of such distribution as principal to the Securityholders Noteholders of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect each Class of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment DateNotes;
(iii) the amount of such distribution as interest to the Securityholders Noteholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect each Class of overdue accrued interestNotes;
(iv) the Credit Enhancement Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursedWeighted Average Maximum Net Loan Rate;
(v) the amount of such distribution to the Certificateholders;
(vi) the aggregate Stated Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, Mortgage Loans as of the end of the preceding Collection Period and (d) all Due Period, the aggregate Stated Principal Balance of the fixed rate Mortgage Loans, and the aggregate Stated Principal Balance of the adjustable rate Mortgage Loans;
(vivii) the number and aggregate Stated Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 119 days, 120-149 days and 180 or more 150-179 days, respectively and respectively, (b) that have the related Mortgaged Property of which has been foreclosed upon and (c) as to which the related Mortgaged Property has become REOREO Property, in each case as of the end of the preceding Collection Due Period; provided, however, that such information will shall not be provided on the statements relating to the first Payment Date;
(viiviii) the Weighted Average Net Mortgage Rate for the related Collection Period number and the Weighted Average Net Mortgage Rate for aggregate Stated Principal Balances of Land Loans (a) as to which the ________ LoansMonthly Payment is delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days and 150-179 days, respectively, (b) the _______Loans related Mortgaged Property of which has been foreclosed upon and (c) the _________ Loans for as to which the related Collection Period;
(viii) the Special Capital Distribution Amount and the Required Special Capital Distribution AmountMortgaged Property has become REO Property, in each case as of the end of the related Collection preceding Due Period; andprovided, however, that such information shall not be provided on the statements relating to the first Payment Date;
(ix) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account;
(x) the aggregate Liquidation Loss Amounts and Substitution Adjustment Amounts with respect to the related Collection PeriodPayment Date, the amount distributed as principal to Noteholders in respect of any remaining Carryover Liquidation Loss Amount with respect to the Notes and Certificates, respectively, Amounts and the aggregate of the Liquidation Loss Amounts from all Collection Periods Payment Dates to date expressed as dollar amount and as a percentage of the sum of (a) the aggregate Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as Principal Balances of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool BalanceMortgage Loans;
(xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date;
(xiix) the aggregate Principal Note Balance of each Class of Notes and the Certificate Balance of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiiixi) the respective Security Percentage Interest applicable to each of the Notes and CertificatesSecurities, after application of payments made on such Payment Date;
(xii) the Overcollateralization Amount and the Required Overcollateralization Amount as of the Payment Date;
(xiii) the weighted average of the Net Loan Rates for the Mortgage Loans for the related Due Period;
(xiv) any Deficiency Amount;
(xv) the Twelve Month Loss Amount (minus the amount of any Recovery Amounts); and
(xivxvi) the amount distributed pursuant to Section 3.05(a)(xi) of the Indenture on Rolling Three Month Delinquency Rate for such Payment DateDate and the two preceding Payment Dates. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate Certificate, as applicable, with a $1,000 25,000 denomination. If a Servicing Default shall occur, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee, and the Indenture Trustee, pursuant to Section 3.26 of the Indenture, shall forward or cause to be forwarded by mail to each Certificateholder, each Noteholder, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement to such effect, including the nature of such Servicing Default. Such statement may be included in, or separate from, the regular statement sent to Securityholders. The Indenture Trustee will make the monthly statement to Securityholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Securityholders, and other parties to this Agreement via the Indenture Trustee's internet website. Assistance in using the website can be obtained by calling the customer service desk at (877) 722-1095. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first Class mail by calling the customer service desk and indicating such. The Indenture Trustee shall have the right to change the way the statements to Securityholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Indenture Trustee shall provide timely and adequate notification to all above parties regarding any such changes.
(b) [Reserved].
(c) The Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Custodial Account and deposited into the Note Payment Account and/or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be presumptively correct for all purposes hereunder hereunder, and the Owner Trustee and the Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s Issuer's written request, the Servicer shall promptly furnish such information reasonably requested by the Company Issuer that is reasonably available to the Servicer to enable the Company Issuer to perform its federal and state income tax reporting obligations.
(d) On or before 2:00 P.M. New York time on each Business Day immediately preceding each Payment Date, the Servicer shall either (i) deposit in the Note Payment Account from its own funds, or funds received therefor from the Subservicers, an amount equal to the Advances to be made by the Servicer in respect of the related Payment Date, which shall be in an aggregate amount equal to the aggregate amount of Monthly Payments (with each interest portion thereof adjusted to the Net Loan Rate), less the amount of any related Servicing Modifications, Debt Service Reductions or reductions in the amount of interest collectable from the Mortgagor pursuant to the Servicemembers Civil Relief Act on the Mortgage Loans outstanding as of the related Due Date, which Monthly Payments were delinquent as of the close of business as of the related Determination Date; provided that no Advance shall be made if it would be a Nonrecoverable Advance, (ii) withdraw from amounts on deposit in the Custodial Account and deposit in the Note Payment Account all or a portion of the Amount Held for Future Distribution in discharge of any such Advance, or (iii) make advances in the form of any combination of (i) and (ii) aggregating the amount of such Advance. Any portion of the Amount Held for Future Distribution so used shall be replaced by the Servicer by deposit in the Note Payment Account on or before 11:00 A.M. New York time on any future Business Day immediately preceding each Payment Date to the extent that funds attributable to the Mortgage Loans that are available in the Custodial Account for deposit in the Note Payment Account on such Payment Date shall be less than payments to Securityholders required to be made on the following Payment Date. Such allocations shall be conclusive for purposes of reimbursement to the Servicer from recoveries on related Mortgage Loans pursuant to Section 3.10(a). The determination by the Servicer that it has made a Nonrecoverable Advance or that any proposed Advance, if made, would constitute a Nonrecoverable Advance, shall be evidenced by an Officers' Certificate of the Servicer delivered to the Depositor and the Indenture Trustee. If the Servicer determines as of the Business Day preceding any Note Payment Account Deposit Date that it will be unable to deposit in the Note Payment Account an amount equal to the Advance required to be made for the immediately succeeding Payment Date, it shall give notice to the Trustee of its inability to advance (such notice may be given by telecopy), not later than 3:00 P.M., New York time, on such Business Day, specifying the portion of such amount that it will be unable to deposit. Not later than 3:00 P.M., New York time, on the Note Payment Account Deposit Date the Trustee shall, unless by 12:00 Noon, New York time, on such day the Indenture Trustee shall have been notified in writing (by telecopy) that the Servicer shall have directly or indirectly deposited in the Note Payment Account such portion of the amount of the Advance as to which the Servicer shall have given notice pursuant to the preceding sentence, pursuant to Section 7.01, (a) terminate all of the rights and obligations of the Servicer under this Agreement in accordance with Section 7.01 and (b) assume the obligations of the Servicer hereunder, including the obligation to deposit in the Note Payment Account an amount equal to the Advance for the immediately succeeding Payment Date and such other rights and obligations set forth in Section 7.02 hereof. The Indenture Trustee shall deposit all funds it receives pursuant to this Section 4.01 into the Note Payment Account.
Appears in 1 contract
Sources: Servicing Agreement (GMACM Mortgage Loan Trust 2004-Gh1)
Statements to Securityholders. (a) With respect to each Payment Date, on the related Determination Date, the Servicer shall forward to the Indenture Trustee and the Indenture Trustee pursuant to Section 3.26 of the Indenture monthly Servicing Reports in a mutually agreeable electronic format. The Servicing Reports shall forward or cause to be forwarded by mail to each Certificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement setting set forth the following information as to the Notes and Certificates, to the extent applicable:
(i) the aggregate amount of (a) Security Interest Collections with respect to the Notes and the CertificatesCollections, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and Collections, (c) Security Collections for the related Collection Period with respect to the Notes Substitution Adjustment Amounts and the Certificates(d) Investor P&I Collections;
(ii) the amount of such distribution to the Securityholders of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment Date;
(iii) the amount of such distribution to the Securityholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect of overdue accrued interest;
(iv) the Credit Enhancement Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursed;
(v) the aggregate Principal Balance of (a) the ________ Loans, (b) aggregate Loan Balance of the ______ Loans, (c) the _________ Loans, Home Equity Loans as of the end of the preceding Collection Period Period, (b) the Investor Amount, (c) the aggregate Loan Balance of the Mortgage and (d) all the aggregate Loan Balance of the Mortgage LoansRevolving Credit;
(viiii) with respect to the Revolving Credit Loans, the aggregate amount of Additional Balances created during the previous Collection Period conveyed to the Issuer;
(iv) the number and aggregate Principal Loan Balances of Mortgage Home Equity Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 days and 180 90 or more days, respectively respectively, (b) that are foreclosed and (bc) that have become REO, in each case as of the end of the preceding Collection Period; provided, however, that such information will not be provided on the statements relating to the first Payment Date;
(vii) the Weighted Average Net Mortgage Rate for the related Collection Period and the Weighted Average Net Mortgage Rate for (a) the ________ Loans, (b) the _______Loans and (c) the _________ Loans for the related Collection Period;
(viii) the Special Capital Distribution Amount and the Required Special Capital Distribution Amount, in each case as the end of the related Collection Period; and
(ix) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account;
(xv) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any remaining Carryover Liquidation Loss Amount Distribution Amounts with respect to the Notes and Certificates, respectivelyNotes, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollars and as a percentage of the sum of (a) the aggregate Cut-Off off Date Pool Balance and (b) the amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool Loan Balance;
(xivi) any unpaid interest on the Notes aggregate Servicing Fees for the related Collection Period and Certificates, respectively, after such Distribution Datethe aggregate amount of Draws for the related Collection Period;
(xiivii) the aggregate outstanding principal balance of the three Home Equity Loans having the largest outstanding principal balances or Credit Limits, as applicable for the related Collection Period;
(viii) the number and aggregate outstanding principal balances of the Home Equity Loans which are 180 or more days delinquent in the payment of all or any portion of the scheduled interest or principal for the related Collection Period;
(ix) the 60+ Delinquency Percentage (Rolling Six Month) for the related Collection Period;
(x) the number and the aggregate Loan Balances of Liquidated Home Equity Loans for the related Collection Period; and
(xi) the number and the aggregate Loan Balances of Home Equity Loans having an outstanding principal balance (or any other amounts owing but otherwise unpaid) as of or following the final maturity date as set forth in the Related Documents respecting such Home Equity Loans. The Indenture Trustee pursuant to Section 3.26 of the Indenture shall prepare its monthly Statement based solely on the information contained in the Servicing Reports and shall make available such statements to each Certificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency. The Indenture Trustee may conclusively rely on the correctness of the information contained in the Servicing Reports, without independent verification thereof. The Statements to Securityholders shall contain the information in the Servicing Report and the following information:
(i) the amount of such distribution as principal to the Noteholders;
(ii) the amount of such distribution as interest to the Noteholders, separately stating the portion thereof in respect of overdue accrued interest;
(iii) the amount of any Credit Enhancement Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursed;
(iv) the amount of such distribution as principal and interest to the Certificateholders of the Certificates, separately stating the portion thereof which resulted in a reduction of the Certificate Principal Balance thereof;
(v) the weighted average Net Loan Rate for the related Collection Period;
(vi) the Note Balance of each Class of Notes and the Certificate Principal Balance of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiii) the respective Security Percentage applicable to the Notes and Certificates, after application of payments made on such Payment Date; and
(xivvii) the amount distributed pursuant to Section 3.05(a)(xi) of Required Overcollateralization Amount for the Indenture on such related Payment Date. In the case of information furnished pursuant to clauses (iii) and (iiiii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate Certificate, as applicable, with a $1,000 denomination. The Indenture Trustee will make the monthly statement (and, at its option, any additional files containing the same information in an alternative format) available each month to the Noteholders, the Certificateholders, and the other parties described in the second preceding paragraph via the Indenture Trustee's internet website. The Indenture Trustee's internet website shall initially be located at "▇▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Indenture Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Indenture Trustee shall have the right to change the way monthly Statements are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders and the Certificateholders and the Indenture Trustee shall provide timely and adequate notification to all the Noteholders and the Certificateholders regarding any such changes. The Indenture Trustee shall deliver to the Credit Enhancer a paper copy of such monthly statements. In addition, the Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Account and deposited into the Payment Account on the Business Day preceding the Payment such Determination Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee Certificate Paying Agent and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s Issuer's written request, the Servicer shall promptly furnish information reasonably requested by the Company Issuer that is reasonably available to the Servicer to enable the Company Issuer to perform its federal and state income tax reporting obligations.
Appears in 1 contract
Sources: Servicing Agreement (Heloc Asset-Backed Notes Series 2003-2)
Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Servicer shall forward the Servicing Certificate to the Indenture Trustee Trustee, and the Indenture Trustee Trustee, pursuant to Section 3.26 of the Indenture Indenture, shall forward or cause to be forwarded by mail on such Payment Date make such Servicing Certificate available to each Certificateholder, each Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent, the Paying Agent and each Rating Agency, with a statement setting copy to the Enhancer. The Servicing Certificate shall set forth the following information as to the Notes and Certificates, to the extent applicable:
(i) the aggregate amount of (a) Security Interest Collections with respect to the Notes and the CertificatesCollections, (b) aggregate Security Principal Collections (and, with respect to any Payment Date relating to the Notes and the Certificates Managed Amortization Period, Net Principal Collections) and (c) Security Collections Substitution Adjustment Amounts for the related such Collection Period with respect to the Notes and the CertificatesPeriod;
(ii) the amount of such distribution as principal to the Securityholders of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment DateNoteholders;
(iii) the amount of such distribution as interest to the Securityholders of Noteholders, the Notes and the Certificates allocable to interest and separately stating the portion thereof amount thereof, if any, payable in respect of overdue accrued interestunpaid Interest Shortfalls, and the amount of any Interest Shortfalls for the related Payment Date;
(iv) the Credit Enhancement Draw each Deficiency Amount, if any, for such Payment Date and the aggregate amount of prior draws on the Policy thereunder not yet reimbursed;
(v) the amount, if any, received under the Yield Maintenance Agreement;
(vi) the amount of such distribution to the Certificateholders;
(vii) the amount of any Additional Balance Increase Amount payable to the Certificateholders and the amount of Principal Collections paid in respect of such Additional Balance Increase Amount;
(viii) the aggregate Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, Mortgage Loans as of the end of the preceding Collection Period and (d) all of the Mortgage LoansPeriod;
(viix) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days, 150-179 days and 180 or more days, respectively and respectively, (b) that have the related Mortgaged Property of which has been foreclosed upon and (c) as to which the related Mortgaged Property has become REOREO Property, in each case as of the end of the preceding Collection Period; provided, however, that such information will shall not be provided on the statements relating to the first Payment Date;
(viix) LIBOR for each of the Weighted Average Net Mortgage Rate Class A-1 Notes and Class A-2 Notes for the related Collection Period Interest Period;
(xi) the Note Rate for each of the Class A-1 Notes and the Weighted Average Net Mortgage Rate Class A-2 Notes for such Payment Date;
(axii) the ________ Loans, (b) the _______Loans and (c) the _________ Loans Net WAC Rate for the related Collection Period;
(viiixiii) prior to the Special Capital Distribution Amount and second Determination Date following the Required Special Capital Distribution Amount, in each case as the end commencement of the related Collection Rapid Amortization Period; and
(ix) , the aggregate amount of Additional Loans acquired Balances created during the previous Collection Period with amounts in respect and conveyed to the Issuer prior to the commencement of Net Principal Collections from the Funding Accountsuch Rapid Amortization Period;
(xxiv) the aggregate Liquidation Loss Amounts (other than amounts allocated in respect of the Excluded Amount) with respect to the related Collection Period, the amount distributed as principal to Noteholders in respect of any remaining Carryover Liquidation Loss Amount with respect to the Notes and Certificates, respectively, Amounts and the aggregate of the Liquidation Loss Amounts (minus any Subsequent Net Recovery Amounts and other than amounts allocated in respect of the Excluded Amount) from all Collection Periods to date expressed as dollar amount and as a percentage of the sum of (a) the aggregate Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as Principal Balances of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool BalanceMortgage Loans;
(xixv) any unpaid interest on the Note Balance of the Notes and Certificates, respectively, after such Distribution Date;
(xii) the aggregate Principal Certificate Balance of each Class of Notes and of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiiixvi) the respective Security balance of the Funding Account as of the end of the preceding Collection Period;
(xvii) the Percentage Interest applicable to each of the Notes and CertificatesSecurities, after application of payments made on such Payment Date; and;
(xivxviii) the amount distributed pursuant to Section 3.05(a)(xi) Overcollateralization Amount as of the Indenture on such Payment Date. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate with a $1,000 denomination. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Account and deposited into the Payment Account on the Business Day preceding the Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) end of the Indenture and (B) withdrawn from the Funding Account and deposited to the preceding Collection Account pursuant to Section 8.02(c)(i) of the Indenture. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s written request, the Servicer shall promptly furnish information reasonably requested by the Company that is reasonably available to the Servicer to enable the Company to perform its federal and state income tax reporting obligations.Period;
Appears in 1 contract
Sources: Servicing Agreement (Wachovia Asset Securitization Inc 2002 He2 Trust)
Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Servicer shall forward the Servicing Certificate to the Indenture Trustee Trustee, and the Indenture Trustee Trustee, pursuant to Section 3.26 of the Indenture Indenture, shall forward or cause to be forwarded by mail make such Servicing Certificate available to each Certificateholder, each Noteholder, the Credit Enhancer, the DepositorRAMP, the Owner Trustee, the Certificate Paying Agent and Agent, each Rating Agency, a statement setting Agency and the Enhancer. The Servicing Certificate shall set forth the following information as to the Notes and Certificates, to the extent applicable:
(i) the aggregate amount of (a) Security Interest Collections with respect to the Notes and the CertificatesCollections, (b) aggregate Security Principal Collections (and, with respect to any Payment Date relating to the Notes and the Certificates and Managed Amortization Period, Net Principal Collections), (c) Security Collections Substitution Adjustment Amounts and (d) Excess Spread, for the related Collection Period with respect to the Notes and the CertificatesPeriod;
(ii) the amount of such distribution as principal to the Securityholders Noteholders of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect each Class of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment DateNotes;
(iii) the amount of such distribution as interest to the Securityholders Noteholders of each Class of Notes, the Notes and the Certificates allocable to interest and separately stating the portion thereof amount thereof, if any, payable in respect of overdue accrued interestunpaid Interest Shortfalls, and the amount of any Interest Shortfalls and Relief Act Shortfalls for the related Payment Date;
(iv) the Credit Enhancement each Policy Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws on the Policy thereunder not yet reimbursed;
(v) the amount of such distribution to the Certificateholders;
(vi) the amount of any Additional Balance Increase Amount payable to the Certificateholders;
(vii) the aggregate Principal Balance of (a) the ________ Loans, (b) Mortgage Loans as of the ______ Loans, (c) the _________ Loans, beginning and as of the end of the preceding related Collection Period and (d) all of the Mortgage LoansPeriod;
(viviii) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days, 150-179 days and greater than 180 or more days, respectively and respectively, (b) that have the related Mortgaged Property of which has been foreclosed upon and (c) as to which the related Mortgaged Property has become REOREO Property, in each case as of the end of the preceding related Collection Period; provided, however, that such information will shall not be provided on the statements relating to the first Payment Date;
(viiix) the Weighted Average Net number and aggregate Principal Balance of Mortgage Rate for Loans repurchased pursuant to Section 3.15(a) herein during the related Collection Period and the Weighted Average Net Mortgage Rate for Period;
(ax) the ________ Loans, (b) the _______Loans and (c) the _________ Loans Net WAC Rate for the related Collection Period;
(viiixi) prior to the Special Capital Distribution Amount and second Determination Date following the Required Special Capital Distribution Amount, in each case as the end commencement of the related Collection Rapid Amortization Period; and
(ix) , the aggregate amount of Additional Loans acquired Balances created during the previous related Collection Period with amounts in respect and conveyed to the Issuer prior to the commencement of Net Principal Collections from the Funding Accountsuch Rapid Amortization Period;
(xxii) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any remaining Carryover Loss Amount with respect distributed as principal to Noteholders or paid to the Notes and Certificates, respectively, Funding Account in respect of Liquidation Loss Amounts and the aggregate of the Liquidation Loss Amounts (minus any Subsequent Net Recovery Amounts) from all Collection Periods to date expressed as dollar amount and as a percentage of the sum of (a) the aggregate Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as Principal Balances of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool BalanceMortgage Loans;
(xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date;
(xiixiii) the aggregate Principal Note Balance of each Class of Notes and the Certificate Balance of each Class of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiiixiv) the respective Security balance of the Pre-Funding Account, Capitalized Interest Account, Funding Account and the Reserve Sub-Account as of the beginning and as of the end of the related Collection Period;
(xv) the Percentage Interest applicable to each of the Notes and CertificatesSecurities, after application of payments made on such Payment Date;
(xvi) the Overcollateralization Amount as of the end of the related Collection Period and whether the Excess Spread Test is satisfied as of the end of the related Collection Period;
(xvii) the aggregate Principal Balance of Subsequent Mortgage Loans transferred to the Trust Estate during the related Collection Period;
(xviii) the applicable Record Date, Determination Date and Payment Date;
(xix) the aggregate amount of payments received with respect to the Mortgage Loans including prepayment amounts;
(xx) the Servicing Fee payable to the Servicer;
(xxi) the amount of any other fees and expenses paid, and the identity of the party receiving such fees or expenses;
(xxii) the amount, terms and general purpose of any Advance by the Servicer pursuant to Section 3.02 hereof and the amount of all Servicing Advances that have been reimbursed during the preceding Collection Period; and
(xivxxiii) any material modifications, extensions or waivers to the amount distributed pursuant to Section 3.05(a)(xi) terms of the Indenture on such Payment DateMortgage Loans during the Collection Period or that have cumulatively become material over time. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate Certificate, as applicable, with a $1,000 denomination25,000 denomination per Note and with a denomination equal to a 100% Percentage Interest per Certificate. If a Rapid Amortization Event or a Servicing Default shall occur, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee a statement to such effect, including the nature of such Rapid Amortization Event or Servicing Default. Upon the Servicer's becoming aware of any Early Amortization Event, the Servicer shall forward to the Indenture Trustee a statement to such effect, including the nature of such Early Amortization Event. The Indenture Trustee, pursuant to Section 3.26 of the Indenture, shall deliver or cause to be delivered by mail to each Certificateholder, each Noteholder, the Enhancer, RAMP, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, notice of such Rapid Amortization Event, Early Amortization Event or Servicing Default, including the nature thereof. Such statement may be included in, or separate from, the regular statement made available to Securityholders. The Indenture Trustee will make the Servicing Certificate (and, at its option, any additional files containing the same information in an alternative format) available each month to Securityholders, and other parties to this Agreement via the Indenture Trustee's internet website. The Indenture Trustee's internet website shall initially be located at "▇▇▇.▇▇▇▇▇▇▇.▇▇▇." Assistance in using the website can be obtained by calling the Indenture Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Indenture Trustee shall have the right to change the way the statements to Securityholders are distributed in order to make such distribution more convenient or more accessible to the above parties and the Indenture Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The Indenture Trustee may require registration and the acceptance of a disclaimer in connection with access to its website.
(b) The Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Custodial Account and the Reserve Sub-Account and deposited into the Note Payment Account, Reserve Sub-Account, Funding Account or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be presumptively correct for all purposes hereunder hereunder, and the Owner Trustee and the Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s Issuer's written request, the Servicer shall promptly furnish such information reasonably requested by the Company Issuer that is reasonably available to the Servicer to enable the Company Issuer to perform its federal and state income tax reporting obligations.
(c) If the Note Balance of the Variable Pay Revolving Notes is to be reduced on any Payment Date pursuant to the terms of the Indenture, the Servicer shall, not later than 12:00 Noon (New York time) on the second Business Day prior to such Payment Date, deliver a written notice to the Administrative Agent specifying the amount of such reduction.
Appears in 1 contract
Sources: Servicing Agreement (Residential Asset Mortgage Products Inc)
Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Servicer shall forward the Servicing Certificate to the Indenture Trustee and the Indenture Trustee Paying Agent, and the Paying Agent, pursuant to Section 3.26 of the Indenture Indenture, shall forward or cause to be forwarded by mail on such Payment Date make such Servicing Certificate available to each Certificateholder, each Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent, the Paying Agent and each Rating Agency, with a statement setting copy to the Enhancer. The Servicing Certificate shall set forth the following information as to the Notes and Certificates, to the extent applicable:
(i) the aggregate amount of (a) Security Interest Collections with respect to the Notes and the CertificatesCollections, (b) aggregate Security Principal Collections (and, with respect to any Payment Date relating to the Notes and the Certificates Managed Amortization Period, Net Principal Collections) and (c) Security Collections Substitution Adjustment Amounts for the related such Collection Period with respect to the Notes and the CertificatesPeriod;
(ii) the amount of such distribution as principal to the Securityholders of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment DateNoteholders;
(iii) the amount of such distribution as interest to the Securityholders of Noteholders, the Notes and the Certificates allocable to interest and separately stating the portion thereof amount thereof, if any, payable in respect of overdue accrued interestunpaid Interest Shortfalls, and the amount of any Interest Shortfalls for the related Payment Date;
(iv) the Credit Enhancement Draw each Deficiency Amount, if any, for such Payment Date and the aggregate amount of prior draws on the Policy thereunder not yet reimbursed;
(v) the amount, if any, received under the Yield Maintenance Agreement;
(vi) the amount of such distribution to the Certificateholders;
(vii) the amount of any Additional Balance Increase Amount payable to the Certificateholders and the amount of Principal Collections paid in respect of such Additional Balance Increase Amount;
(viii) the aggregate Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, Mortgage Loans as of the end of the preceding Collection Period and (d) all of the Mortgage LoansPeriod;
(viix) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days, 150-179 days and 180 or more days, respectively and respectively, (b) that have the related Mortgaged Property of which has been foreclosed upon and (c) as to which the related Mortgaged Property has become REOREO Property, in each case as of the end of the preceding Collection Period; provided, however, that such information will shall not be provided on the statements relating to the first Payment Date;
(viix) LIBOR for the related Interest Period;
(xi) the Weighted Average Net Mortgage Note Rate for the related Collection Period and the Weighted Average Net Mortgage Rate Notes for such Payment Date;
(axii) the ________ Loans, (b) the _______Loans and (c) the _________ Loans Net WAC Rate for the related Collection Period;
(viiixiii) prior to the Special Capital Distribution Amount and second Determination Date following the Required Special Capital Distribution Amount, in each case as the end commencement of the related Collection Rapid Amortization Period; and
(ix) , the aggregate amount of Additional Loans acquired Balances created during the previous Collection Period with amounts in respect and conveyed to the Issuer prior to the commencement of Net Principal Collections from the Funding AccountRapid Amortization Period;
(xxiv) the aggregate Liquidation Loss Amounts (other than amounts allocated in respect of the Excluded Amount) with respect to the related Collection Period, the amount distributed as principal to Noteholders in respect of any remaining Carryover Liquidation Loss Amount with respect to the Notes and Certificates, respectively, Amounts and the aggregate of the Liquidation Loss Amounts (minus any Subsequent Recovery Amounts and other than amounts allocated in respect of the Excluded Amount) from all Collection Periods to date expressed as dollar amount and as a percentage of the sum of (a) the aggregate Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as Principal Balances of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool BalanceMortgage Loans;
(xixv) any unpaid interest on the Note Balance of the Notes and Certificates, respectively, after such Distribution Date;
(xii) the aggregate Principal Certificate Balance of each Class of Notes and of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiiixvi) the respective Security balance of the Funding Account as of the end of the preceding Collection Period;
(xvii) the Percentage Interest applicable to each of the Notes and CertificatesSecurities, after application of payments made on such Payment Date;
(xviii) the Overcollateralization Amount as of the end of the preceding Collection Period;
(xix) the aggregate Principal Balance of Subsequent Mortgage Loans transferred to the Trust Estate since the Closing Date;
(xx) reserved;
(xxi) reserved;
(xxii) on or after the Stepdown Date, a statement (yes or no) as to whether each of the Stepdown Delinquency Test and the Stepdown Cumulative Loss Test have been met as of the related Payment Date;
(xxiii) the aggregate outstanding Principal Balance of the three largest Mortgage Loans as of the close of business on the last day of the related Collection Period;
(xxiv) the Overcollateralization Target Amount; and
(xivxxv) the number of Mortgage Loans that are the subject of a Promotional Rate and the aggregate amount distributed pursuant of Promotional Advances with respect to Section 3.05(a)(xi) of the Indenture on such Payment DateMortgage Loan. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate, as applicable, with a $______ denomination and per Certificate with a $1,000 denominationdenomination equal to a 100% Percentage Interest. If a Managed Amortization Event, a Rapid Amortization Event or a Servicing Default shall occur, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee and the Paying Agent, a statement to such effect, including the nature of such Rapid Amortization Event or Servicing Default. The Paying Agent shall deliver or cause to be delivered by mail to each Certificateholder, each Noteholder, the Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, notice of such Managed Amortization Event, Rapid Amortization Event or Servicing Default, including, in the case of a Rapid Amortization Event or a Servicing Default, the nature thereof. Such statement may be included in, or separate from, the regular statement sent to Securityholders. The Paying Agent shall make the Servicing Certificate (and, at its option, any additional files containing the same information in an alternative format) available each month to Securityholders and the Enhancer, and other parties to this Agreement via the Paying Agent’s internet website. The Paying Agent’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Paying Agent’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Paying Agent shall have the right to change the way the statements to Securityholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Paying Agent shall provide timely and adequate notification to all above parties regarding any such changes. The Paying Agent may require registration and the acceptance of a disclaimer in connection with access to its website
(b) The Servicer shall forward to the Paying Agent any other information reasonably requested by the Paying Agent necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the CompanyCertificate Paying Agent, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Custodial Account and deposited into the Note Payment Account, Funding Account and/or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture3.04. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be presumptively correct for all purposes hereunder hereunder, and the Owner Trustee Trustee, the Paying Agent and the Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the CompanyIssuer’s written request, the Servicer shall promptly furnish such information reasonably requested by the Company Issuer that is reasonably available to the Servicer to enable the Company Issuer to perform its federal and state income tax reporting obligations.
Appears in 1 contract
Sources: Servicing Agreement (Wachovia Mortgage Loan Trust, LLC)
Statements to Securityholders. (a) With respect to On each Payment Distribution Date, the Servicer shall forward provide to the Indenture Owner Trustee and the Indenture Trustee pursuant (with copies to Section 3.26 of the Indenture shall forward or cause to be forwarded by mail to each Certificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Rating Agencies and each Paying Agent) to forward to each Certificateholder of record, and to the Indenture Trustee, either directly or through a Paying Agent, to forward to each Noteholder of record a statement, based on the related Servicer's Certificate Paying Agent and each Rating Agency, a statement setting forth at least the following information as to the Notes Securities with respect to the related Distribution Date and CertificatesCollection Period, in substantially the form of Exhibit B, to the extent applicable:
(i) the aggregate amount of (a) Security Interest Collections with respect such distribution allocable to the Notes and the Certificates, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections principal for the related Collection Period with respect to the Notes and the Certificateseach Class of Notes;
(ii) the amount of such distribution to the Securityholders of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Priority Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment DateDistributable Amount;
(iii) the amount of such distribution to the Securityholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect of overdue accrued interestSecondary Principal Distributable Amount;
(iv) the Credit Enhancement Draw Tertiary Principal Distributable Amount, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursed;
(v) the aggregate Regular Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, as of the end of the preceding Collection Period and (d) all of the Mortgage LoansDistributable Amount;
(vi) the number amount of such distribution allocable to current and aggregate Principal Balances overdue interest (including any interest on overdue interest) for each Class of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 days and 180 or more days, respectively and (b) that have become REO, in each case as of the end of the preceding Collection Period; provided, however, that such information will not be provided on the statements relating to the first Payment DateNotes;
(vii) the Weighted Average Net Mortgage Rate for Total Servicing Fee;
(viii) the Total Trustee Fees;
(ix) the aggregate outstanding principal balance of each Class of Notes and the Note Pool Factor with respect to each Class of Notes (in each case after giving effect to payments allocated to principal reported under clause (i) above);
(x) the Pool Balance as of the close of business on the last day of the related Collection Period Period;
(xi) the Reserve Fund Amount on such Distribution Date (after giving effect to all deposits to or withdrawals from the Reserve Fund on such Distribution Date) and the Weighted Average Net Mortgage Rate for Reserve Fund Draw Amount;
(axii) the ________ Loansaggregate Purchase Amount of Receivables repurchased by the Seller or purchased by the Servicer, if any, with respect to the related Collection Period;
(bxiii) the _______Loans number and aggregate Principal Balance of Receivables that were 31-60 days, 61-90 days or 91 days or more delinquent as of the last day of the related Collection Period;
(cxiv) the _________ Loans Net Losses with respect to the related Collection Period;
(xv) the Overcollateralization Target Amount and the amount by which the Pool Balance exceeds the Note Balance (after giving effect to any payments made to the Noteholders on such Distribution Date);
(xvi) the amount of Available Collections for the related Collection Period;
(viiixvii) the Special Capital Distribution Amount Cumulative Net Loss Percentage and the Required Special Capital Distribution Sequential Payment Trigger;
(xviii) the Yield Supplement Account Draw Amount, in each case as the end of the related Collection Period; and
(ixxix) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account;
(x) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any remaining Carryover Loss Amount with respect to the Notes and Certificates, respectively, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as a percentage of the sum of (a) the Cut-Off Date Pool Balance and Excess Collections.
(b) Within the amount by which prescribed period of time for tax reporting purposes after the Pool Balance as end of each calendar year during the term of the Issuer, but not later than the latest date that permitted by law, the Additional Loans related Trustee, upon receipt thereof, shall mail to each Person who at any time during such calendar year shall have been transferred to a Securityholder, a statement, prepared by the Company exceeds Servicer, containing certain information for such calendar year or, in the Cut-Off Date Pool Balance;
(xi) any unpaid interest on event such Person shall have been a Securityholder during a portion of such calendar year, for the Notes and Certificatesapplicable portion of such year, respectively, after for the purposes of such Distribution Date;
(xii) the aggregate Principal Balance Securityholder's preparation of each Class of Notes and of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiii) the respective Security Percentage applicable to the Notes and Certificates, after application of payments made on such Payment Date; and
(xiv) the amount distributed pursuant to Section 3.05(a)(xi) of the Indenture on such Payment Datefederal income tax returns. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate with a $1,000 denomination. Prior to the close of business on the Business Day next succeeding each Determination Dateaddition, the Servicer shall furnish a written statement to the Company, Trustees for distribution to such Person at such time any other information necessary under applicable law for the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Account and deposited into the Payment Account on the Business Day preceding the Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture. The determination by the Servicer preparation of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s written request, the Servicer shall promptly furnish information reasonably requested by the Company that is reasonably available to the Servicer to enable the Company to perform its federal and state income tax reporting obligationsreturns.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Pooled Auto Securities Shelf LLC)
Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Master Servicer shall forward the Servicing Certificate to the Indenture Trustee Trustee, and the Indenture Trustee Trustee, pursuant to Section 3.26 of the Indenture Indenture, shall forward or cause to be forwarded by mail make such Servicing Certificate available to each Certificateholder, Noteholder, the Credit Enhancereach Bondholder, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, with a statement setting copy to the Enhancer. The Servicing Certificate shall set forth the following information as to the Notes Bonds and Certificates, to the extent applicable:
(i) the aggregate amount of (a) Security Interest Collections with respect to the Notes and the CertificatesCollections, (b) aggregate Security Principal Collections (and, with respect to any Payment Date relating to the Notes and the Certificates Managed Amortization Period, Net Principal Collections) and (c) Security Collections Substitution Adjustment Amounts for the related such Collection Period with respect to the Notes and the CertificatesPeriod;
(ii) the amount of such distribution as principal to the Securityholders Bondholders of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect each Class of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment DateBonds;
(iii) the amount of such distribution as interest to the Securityholders Bondholders of each Class of Bonds, the Notes and the Certificates allocable to interest and separately stating the portion thereof amount thereof, if any, payable in respect of overdue accrued interestunpaid Interest Shortfalls, and the amount of any Interest Shortfalls for the related Payment Date;
(iv) the Credit Enhancement each Policy Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws on the Policy thereunder not yet reimbursed;
(v) the amount of such distribution to the Certificateholders;
(vi) the amount of any Additional Balance Increase Amount payable to the Certificateholders;
(vii) the aggregate Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, Mortgage Loans as of the end of the preceding Collection Period and (d) all of the Mortgage LoansPeriod;
(viviii) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 119 days, 120-149 days and 180 or more 150-179 days, respectively and respectively, (b) that have the related Mortgaged Property of which has been foreclosed upon and (c) as to which the related Mortgaged Property has become REOREO Property, in each case as of the end of the preceding Collection Period; provided, however, that such information will shall not be provided on the statements relating to the first Payment Date;
(viiix) the Weighted Average Net number and aggregate Principal Balance of Mortgage Rate for the related Loans repurchased pursuant to Section 3.15(a) herein during such Collection Period and the Weighted Average Net Mortgage Rate for Period;
(ax) the ________ Loans, (b) the _______Loans and (c) the _________ Loans Net WAC Rate for the related Collection Period;
(viii) the Special Capital Distribution Amount and the Required Special Capital Distribution Amount, in each case as the end of the related Collection Period; and
(ix) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account;
(xxi) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount distributed as principal to Bondholders in respect of any remaining Carryover Liquidation Loss Amount with respect to the Notes and Certificates, respectively, Amounts and the aggregate of the Liquidation Loss Amounts (minus any Subsequent Net Recovery Amounts) from all Collection Periods to date expressed as dollar amount and as a percentage of the sum of (a) the aggregate Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as Principal Balances of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool Balance;
(xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution DateMortgage Loans;
(xii) the aggregate Principal Bond Balance of each Class of Notes Bonds and the Certificate Balance of each Class of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiii) the respective Security Percentage Interest applicable to each of the Notes and CertificatesSecurities, after application of payments made on such Payment Date; and
(xiv) the amount distributed pursuant to Section 3.05(a)(xi) Overcollateralization Amount as of the Indenture on such Payment Dateend of the preceding Collection Period. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note Bond or Certificate, as applicable, with a $25,000 denomination and per Certificate with a $1,000 denominationdenomination equal to a 100% Percentage Interest. If a Rapid Amortization Event or a Servicing Default shall occur, on the Business Day following the related Determination Date, the Master Servicer shall forward to the Indenture Trustee, a statement to such effect, including the nature of such Rapid Amortization Event or Servicing Default. Upon the Master Servicer’s becoming aware of any Early Amortization Event, the Master Servicer shall forward to the Indenture Trustee and the Enhancer, a statement to such effect, including the nature of such Early Amortization Event. The Indenture Trustee, pursuant to Section 3.26 of the Indenture, shall deliver or cause to be delivered by mail to each Certificateholder, each Bondholder, the Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, notice of such Rapid Amortization Event, Early Amortization Event or Servicing Default, including, the nature thereof. Such statement may be included in, or separate from, the regular statement sent to Securityholders. The Indenture Trustee will make the Servicing Certificate (and, at its option, any additional files containing the same information in an alternative format) available each month to Securityholders, and other parties to this Agreement via the Indenture Trustee’s internet website. The Indenture Trustee’s internet website shall initially be located at “ ”. Assistance in using the website can be obtained by calling the Indenture Trustee’s customer service desk at ( ) - . Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Indenture Trustee shall have the right to change the way the statements to Securityholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Indenture Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The Indenture Trustee may require registration and the acceptance of a disclaimer in connection with access to its website.
(b) The Master Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Master Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Custodial Account and deposited into the Bond Payment Account and/or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture3.03. The determination by the Master Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be presumptively correct for all purposes hereunder hereunder, and the Owner Trustee and the Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the CompanyIssuer’s written request, the Master Servicer shall promptly furnish such information reasonably requested by the Company Issuer that is reasonably available to the Master Servicer to enable the Company Issuer to perform its federal and state income tax reporting obligations.
Appears in 1 contract
Sources: Master Servicing Agreement (BellaVista Finance CORP)
Statements to Securityholders. (a) With respect to On or before each Payment Date, the Servicer Owner Trustee shall forward (except as otherwise provided in the Trust Agreement) include with each distribution to the Indenture Trustee each Certificateholder to be made on such date and the Indenture Trustee shall include with each distribution to each Term Noteholder and each Revolving Noteholder to be made on such date, a statement (which statement shall also be provided to the Rating Agencies) prepared by the Servicer based on information in the Servicer’s Accounting furnished pursuant to Section 3.26 3.05 of the Indenture shall forward or cause Pooling and Servicing Agreement. Except as otherwise set forth in the Officer’s Issuance Certificate with respect to any series of Notes, each such statement to be forwarded by mail delivered to each Certificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement setting Securityholders shall set forth the following information as to concerning the Term Notes, the Revolving Notes and or the Certificates, as appropriate, with respect to such Payment Date or the extent applicablepreceding Collection Period:
(i) the aggregate amount amount, if any, of (a) Security Interest Collections with respect the distribution allocable to principal on the Term Notes and Revolving Notes and to the Notes and the Certificates, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections for the related Collection Period with respect to the Notes and the CertificatesCertificate Balance;
(ii) the amount of such distribution to the Securityholders amount, if any, of the Notes and the Certificates applied distribution allocable to reduce the principal balance thereof and separately stating the portion thereof in interest on or with respect to each series or class of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment DateSecurities;
(iii) the amount of such distribution to aggregate Outstanding Amount for the Securityholders Term Notes, the Outstanding Amount of the Revolving Notes and the Certificates allocable Certificate Balance, each as of such date and after giving effect to interest and separately stating all payments reported under clause (i) above (or, in the portion thereof in respect case of overdue accrued interestany Revolving Notes during the Revolving Period, unless principal payments thereon are required on such Payment Date, as of the last day of such Collection Period);
(iv) the Credit Enhancement Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursedoutstanding Servicer Advances on such date;
(v) the aggregate Principal Balance amount of (a) the ________ Loans, (b) Monthly Servicing Fee paid to the ______ Loans, (c) Servicer with respect to the _________ Loansrelated Collection Period or Periods, as of the end of the preceding Collection Period and (d) all of the Mortgage Loanscase may be;
(vi) the number and aggregate Principal Balances of Mortgage Loans (a) as to which per annum interest rate for the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 days and 180 or more days, respectively and (b) that have become REO, in each case as of the end of the preceding Collection Period; provided, however, that such information will not be provided on the statements relating to the first next Payment Date, for any series or class of Securities with a variable or adjustable interest rate;
(vii) the Weighted Average Net Mortgage Rate for amount, if any, withdrawn from or credited to each of the related Collection Period and the Weighted Average Net Mortgage Rate for (a) the ________ Loans, (b) the _______Loans and (c) the _________ Loans for the related Collection PeriodSWIFT 2007-AE-1 Reserve Funds;
(viii) the Special Capital Distribution Amount accumulated interest and principal shortfalls, if any, on each series or class of Securities and the Required Special Capital Distribution Amount, change in each case as of such amounts from the end of the related Collection Period; andpreceding Payment Date;
(ix) the aggregate amount Trust Charge-Offs and Reallocated Principal Amounts allocated to each series or class of Additional Loans acquired during Securities and the previous Collection Period with change in such amounts in respect of Net Principal Collections from the Funding Accountpreceding Payment Date;
(x) the aggregate Liquidation Loss Amounts with respect balance of each of the SWIFT 2007-AE-1 Reserve Funds, if any, on such date after giving effect to changes therein or any distributions therefrom on such date; and
(xi) the related Collection Periodbalance of each Accumulation Account, if any, on such date after giving effect to changes therein or any distributions therefrom on such date.
(b) Within the prescribed period of time for tax reporting purposes after the end of each calendar year during the term of this Agreement, the amount Indenture Trustee and the Administrator shall furnish (or cause to be furnished), to each Person who at any time during such calendar year shall have been a holder of any remaining Carryover Loss Amount with respect to the record of Notes and or Certificates, respectively, and received any payment thereon, a statement containing such information as may be required by the aggregate of the Liquidation Loss Amounts from all Collection Periods Code and applicable Treasury Regulations to date expressed as a percentage of the sum of (a) the Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred enable such Securityholder to the Company exceeds the Cut-Off Date Pool Balance;prepare its federal income tax returns.
(xic) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date;
(xii) the aggregate Principal Balance A copy of each Class of Notes and of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiii) the respective Security Percentage applicable to the Notes and Certificates, after application of payments made on such Payment Date; and
(xiv) the amount distributed statement provided pursuant to Section 3.05(a)(xi4.8(a) of the Indenture on such Payment Date. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate with a $1,000 denomination. Prior to made available for inspection at the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Account and deposited into the Payment Account on the Business Day preceding the Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s written request, the Servicer shall promptly furnish information reasonably requested by the Company that is reasonably available to the Servicer to enable the Company to perform its federal and state income tax reporting obligationsCorporate Trust Office.
Appears in 1 contract
Sources: Trust Sale and Servicing Agreement (Superior Wholesale Inventory Financing Trust 2007-Ae-1)
Statements to Securityholders. (a) With respect to On each Payment Distribution Date, the Servicer shall forward to (i) the Indenture Trustee shall include with each distribution to each Noteholder of record as of the related Record Date, and (ii) the Indenture Trustee Trust Agent shall include with each distribution to each Certificateholder of record as of the related Record Date, a statement, prepared by the Servicer, based on the information in the Distribution Date Statement furnished pursuant to Section 3.26 of the Indenture shall forward or cause to be forwarded by mail to each Certificateholder3.09, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement setting forth for such Distribution Date the following information as to of the Notes and Certificatesrelated Record Date or such Distribution Date, to as the extent applicablecase may be:
(i) the aggregate amount of such distribution allocable to principal (a) Security Interest Collections with respect to the stated separately for each Class of Notes and the Certificates), separately identifying the aggregate amount included therein of any (bi) aggregate Security Principal Collections with respect to the Notes and the Certificates Full Prepayments of principal on Precomputed Contracts and (cii) Security Collections for the related Collection Period with respect to the Notes Full Prepayments and the Certificatespartial prepayments of principal on Simple Interest Contracts;
(ii) the amount of such distribution allocable to the Securityholders interest (stated separately for each Class of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment DateCertificates);
(iii) the amount Note Percentage and the Certificate Percentage as of the close of business on the last day of such distribution to the Securityholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect of overdue accrued interestCollection Period;
(iv) the Credit Enhancement Draw Amount, if any, Certificate Distributable Amount and the Note Distributable Amount for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursedDistribution Date;
(v) the aggregate Principal Balance of (a) Premium payable to the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, as of the end of the preceding Collection Period and (d) all of the Mortgage LoansInsurer;
(vi) the number amount to be on deposit in the Spread Account on such Distribution Date, before and aggregate Principal Balances after giving effect to deposits thereto and withdrawals therefrom to be made in respect of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 days and 180 or more days, respectively and (b) that have become REO, in each case as of the end of the preceding Collection Period; provided, however, that such information will not be provided on the statements relating to the first Payment Distribution Date;
(vii) the Weighted Average Net Mortgage Rate amount of the withdrawal, if any, required to be made from the Spread Account by the Indenture Trustee, specifying as to whether such amount is to be (A) deposited into the Payment Account, (B) paid to the Insurer or (C) deposited into the Certificate Distribution Account for distribution to the related Collection Period and holders of the Weighted Average Net Mortgage Rate for Residual Interests pursuant to Section 4.04(b);
(aviii) the ________ Loans, (b) aggregate Servicing Fee with respect to the _______Loans and (c) the _________ Loans Contracts for the related Collection Period;
(viii) the Special Capital Distribution Amount and the Required Special Capital Distribution Amount, in each case as the end of the related Collection Period; and
(ix) the aggregate amount of Additional Loans acquired during fees paid to the previous Collection Period with amounts in respect of Net Principal Collections from Owner Trustee, the Funding Account;
(x) Trust Agent and the aggregate Liquidation Loss Amounts Indenture Trustee, with respect to the related Collection Period, ;
(x) the amount of any remaining Note Interest Carryover Loss Amount Shortfall, Note Principal Carryover Shortfall, Certificate Interest Carryover Shortfall and Certificate Principal Carryover Shortfall on such Distribution Date and the change in such amounts from those with respect to the Notes and Certificates, respectively, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as a percentage of the sum of (a) the Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool Balanceimmediately preceding Distribution Date;
(xi) any unpaid the number of, and aggregate amount of, monthly principal and interest payments due on the Notes Contracts which are delinquent as of the end of the related Collection Period presented on a 30-day, 60-day and Certificates, respectively, after such Distribution Date90-day basis;
(xii) the aggregate Principal Balance of each Class of Notes Net Collections and of the Certificates after giving effect to the distribution of principal on Policy Claim Amount, if any, for such Payment Distribution Date;
(xiii) the respective Security Percentage applicable to the Notes and Certificates, after application aggregate amount of payments made on such Payment Date; andLiquidation Proceeds received for Defaulted Contracts;
(xiv) the net credit losses and Cram Down Losses for the Collection Period;
(xv) the number and net outstanding balance of Contracts for which the Financed Vehicle has been repossessed;
(xvi) the Pool Balance, the Note Pool Factor for each Class of Notes and the Certificate Pool Factor as of such Distribution Date after giving effect to the distribution made on such Distribution Date;
(xvii) on each Distribution Date occurring during and immediately following the end of the Funding Period, the amount distributed on deposit in each of the Prefunding Account and the Capitalized Interest Account on such Distribution Date, before and after giving effect to withdrawals therefrom to be made in respect of such Distribution Date;
(xviii) on each Distribution Date occurring during and immediately following the end of the Funding Period, the amounts of investment earnings and other amounts transferred from the Prefunding Account and the amounts transferred from the Capitalized Interest Account to the Payment Account; and
(xix) on the Distribution Date immediately following the end of the Funding Period, the Mandatory Partial Redemption Amount. Each amount set forth pursuant to Section 3.05(a)(xisubclauses (i) of the Indenture on such Payment Date. In the case of information furnished pursuant to clauses or (ii) and (iii) above, the amounts above shall be expressed as an aggregate a dollar amount per $1,000.00 of original principal amount of a Note or original Certificate with Balance, as the case may be.
(b) Within a $1,000 denomination. Prior to reasonable period of time after the close end of business on each calendar year, but not later than the Business Day next succeeding each Determination Datelatest date permitted by law, the Servicer shall prepare and furnish a written statement to the CompanyIssuer, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting and each Paying Agent, and the Paying Agent for the Notes and the Paying Agent for the Certificates shall furnish to each Person who on any Record Date during such calendar year shall have been a Holder of a Note or a Certificate, respectively, a statement or statements containing the sum of the amounts set forth in clauses (i) all the foregoing information, and (ii) above for such calendar year and such other information as is reasonably necessary for the aggregate amounts required to be withdrawn from the Collection Account and deposited into the Payment Account on the Business Day preceding the Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) preparation of such Person's federal income tax return in respect of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture. The determination by the Servicer of such amounts shallNotes or Certificates or, in the absence event such Person shall have been a Holder of obvious errora Note or a Certificate during a portion of such calendar year, be presumptively deemed to be correct for all the applicable portion of such year, for the purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check of such Noteholder's or verification. In addition, upon the Company’s written request, the Servicer shall promptly furnish information reasonably requested by the Company that is reasonably available to the Servicer to enable the Company to perform its Certificateholder's preparation of federal and state income tax reporting obligationsreturns.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Onyx Acceptance Financial Corp)
Statements to Securityholders. (a) With respect On or prior to each Payment Date, the Servicer shall forward provide to the Indenture Trustee and the Indenture Owner Trustee (with a copy to the Rating Agencies) for the Trustee and the Owner Trustee to forward to each Securityholder of record (in the case of the Trustee, pursuant to Section 3.26 of 5.8(b)) the Indenture shall forward statement or cause to be forwarded statements provided by mail to each Certificateholder, Noteholder, the Credit Enhancer, Servicer in substantially the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement form attached hereto as Exhibit E setting forth at least the following information as to the Notes and Certificates, to the extent applicableinformation:
(i) the aggregate amount of (a) Security Interest Collections with respect any distributions allocable to the Notes and the Certificates, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections for the related Collection Period with respect to the Notes and the Certificatesprincipal of each Class of Notes;
(ii) the amount of such distribution allocable to the Securityholders interest on or with respect to each Class of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment DateNotes;
(iii) the amount of such distribution to the Securityholders Pool Balance as of the Notes and close of business on the Certificates allocable to interest and separately stating last day of the portion thereof in respect of overdue accrued interestrelated Collection Period;
(iv) the Credit Enhancement Draw Amount, if any, Note Balance for such Payment Date and the aggregate amount each Class of prior draws thereunder not yet reimbursedNotes after giving effect to payments allocated to principal reported under clause (i) above;
(v) the aggregate Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, as amount of the end Servicing Fee paid to the Servicer with respect to the related Collection Period, and the amount of any unpaid Servicing Fees and the preceding Collection Period and (d) all of change in such amount from the Mortgage Loansprior Payment Date;
(vi) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 days and 180 or more days, respectively and (b) that have become REO, in each case as amount of the end of Backup Servicing Fee and the preceding Trustee Fees paid to the Backup Servicer, the Trustee and the Owner Trustee, as applicable, with respect to the related Collection Period; provided, however, that and the amount of any unpaid Backup Servicing Fees and Trustee Fees and the change in all such information will not be provided on amounts from the statements relating to the first prior Payment Date;
(vii) the Weighted Average Net Mortgage Rate Noteholders’ Interest Carryover Shortfall for each Class of Notes for such Payment Date;
(viii) the amount, if any, paid to the Noteholders from the Series 2012-B Spread Account for such Payment Date;
(ix) the aggregate amount in the Series 2012-B Spread Account and the change in such amount from the previous Payment Date and the Specified Spread Account Requisite Amount for such Payment Date;
(x) the number of Receivables and the aggregate net balance thereon for which the related Obligors are delinquent in making Scheduled Receivable Payments for (a) 31 to 60 days, (b) 61 to 90 days, and (c) 91 days or more;
(xi) the number and the aggregate Purchase Amounts for Receivables purchased by CPS or purchased by the Servicer during the related Collection Period and the Weighted Average Net Mortgage Rate for summary information as to losses and delinquencies with respect to such Receivables;
(axii) the ________ LoansPrincipal Balance of all Receivables that have become Liquidated Receivables, (b) the _______Loans and (c) the _________ Loans for net of Recoveries, during the related Collection Period;
(viiixiii) the Special Capital Distribution Amount and cumulative Principal Balance of all Receivables that have become Liquidated Receivables, net of Recoveries, during the Required Special Capital Distribution Amount, in each case as period from the end Cutoff Date to the last day of the related Collection Period;
(xiv) the amount of any Texas Franchise Tax due and owing by CPS under the Receivables Purchase Agreement to the taxing authority of the State of Texas on or prior to the related Payment Date or paid by CPS since the prior Payment Date;
(xv) the Three-Month Rolling Average Extension Ratio, the Cumulative Net Loss Rate, the Delinquency Ratio and the Three-Month Rolling Average Delinquency Ratio;
(xvi) the aggregate Sale Amount with respect to Sold Receivables, if any, during the related Collection Period;
(xvii) for any Payment Date during the Funding Period, the Pre-Funded Amount and the change in such amount from the previous Payment Date; and
(ixxviii) for the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account;
(x) the aggregate Liquidation Loss Amounts with respect to the related Collection PeriodMandatory Redemption Date, the amount of any remaining Carryover Loss Pre-Funded Amount with respect that was not used to fund the Notes and Certificates, respectively, and the aggregate purchase of the Liquidation Loss Amounts from all Collection Periods to date expressed as a percentage of the sum of (a) the Cut-Off Date Pool Balance and Subsequent Receivables.
(b) Within 60 days after the amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool Balance;
(xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date;
(xii) the aggregate Principal Balance end of each Class of Notes and of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiii) the respective Security Percentage applicable to the Notes and Certificates, after application of payments made on such Payment Date; and
(xiv) the amount distributed pursuant to Section 3.05(a)(xi) of the Indenture on such Payment Date. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate with a $1,000 denomination. Prior to the close of business on the Business Day next succeeding each Determination Datecalendar year, the Servicer shall furnish a written statement deliver to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee a statement setting forth the amounts paid during such preceding calendar year in respect of paragraphs (i) all the foregoing information), (ii), (v) the aggregate amounts required to be withdrawn from the Collection Account and deposited into the Payment Account on the Business Day preceding the Payment Date pursuant to Section 3.03 and (iiivi) the amounts (A) withdrawn from the Payment Account above. The Trustee shall mail a copy of such statement to each person who at any time during such preceding calendar year shall have been a Securityholder of record and deposited to the Funding Account pursuant to Section 8.02(b) received any payment in respect of the Indenture and Securities.
(Bc) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s written request, the Servicer shall promptly furnish information reasonably requested by the Company that is reasonably may make available to the Securityholders, via the Trustee’s Internet Website, all statements described herein and, with the consent or at the direction of the Seller, such other information regarding the Notes and/or the Receivables as the Trustee may have in its possession, but only with the use of a password provided by the Trustee. The Trustee will make no representation or warranties as to the accuracy or completeness of such documents and will assume no responsibility therefor. The Trustee’s Internet Website shall be initially located at “w▇▇.▇▇▇▇▇▇▇.▇▇▇” or at such other address as shall be specified by the Trustee from time to time in writing to the Securityholders. In connection with providing access to the Trustee’s Internet Website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee shall not be liable for the dissemination of information in accordance with this Agreement.
(d) The Servicer will supply to enable the Company Trustee, at the time and in the manner required by applicable Treasury Regulations, for further distribution to perform its federal such Persons, and state income tax reporting obligationsto the extent, required by applicable Treasury Regulations information with respect to any “original issue discount” accruing on the Class C Notes and the Class D Notes.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Servicer shall forward the Servicing Certificate to the Indenture Trustee Trustee, and the Indenture Trustee Trustee, pursuant to Section 3.26 of the Indenture Indenture, shall forward or cause to be forwarded by mail make such Servicing Certificate available to each Certificateholder, each Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, with a statement setting copy to the Enhancer. The Servicing Certificate shall set forth the following information as to the Notes and Certificates, to the extent applicable:
(i) the aggregate amount of (a) Security Interest Collections with respect to the Notes and the CertificatesCollections, (b) aggregate Security Principal Collections (and, with respect to any Payment Date relating to the Notes and the Certificates Managed Amortization Period, Net Principal Collections) and (c) Security Collections Substitution Adjustment Amounts for the related such Collection Period with respect to the Notes and the CertificatesPeriod;
(ii) the amount of such distribution as principal to the Securityholders Noteholders of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect each Class of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment DateNotes;
(iii) the amount of such distribution as interest to the Securityholders Noteholders of each Class of Notes, the Notes and the Certificates allocable to interest and separately stating the portion thereof amount thereof, if any, payable in respect of overdue accrued interestunpaid Interest Shortfalls, and the amount of any Interest Shortfalls for the related Payment Date;
(iv) the Credit Enhancement each Policy Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws on the Policy thereunder not yet reimbursed;
(v) the amount of such distribution to the Certificateholders;
(vi) the amount of any Additional Balance Increase Amount payable to the Certificateholders;
(vii) the aggregate Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, Mortgage Loans as of the end of the preceding Collection Period and (d) all of the Mortgage LoansPeriod;
(viviii) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 119 days, 120-149 days and 180 or more 150-179 days, respectively and respectively, (b) that have the related Mortgaged Property of which has been foreclosed upon and (c) as to which the related Mortgaged Property has become REOREO Property, in each case as of the end of the preceding Collection Period; provided, however, that such information will shall not be provided on the statements relating to the first Payment Date;
(viiix) the Weighted Average Net number and aggregate Principal Balance of Mortgage Rate for the related Loans repurchased pursuant to Section 3.15(a) herein during such Collection Period and the Weighted Average Net Mortgage Rate for Period;
(ax) the ________ Loans, (b) the _______Loans and (c) the _________ Loans Net WAC Rate for the related Collection Period;
(viiixi) prior to the Special Capital Distribution Amount and second Determination Date following the Required Special Capital Distribution Amount, in each case as the end commencement of the related Collection Rapid Amortization Period; and
(ix) , the aggregate amount of Additional Loans acquired Balances created during the previous Collection Period with amounts in respect and conveyed to the Issuer prior to the commencement of Net Principal Collections from the Funding Accountsuch Rapid Amortization Period;
(xxii) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount distributed as principal to Noteholders in respect of any remaining Carryover Liquidation Loss Amount with respect to the Notes and Certificates, respectively, Amounts and the aggregate of the Liquidation Loss Amounts (minus any Subsequent Net Recovery Amounts) from all Collection Periods to date expressed as dollar amount and as a percentage of the sum of (a) the aggregate Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as Principal Balances of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool BalanceMortgage Loans;
(xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date;
(xiixiii) the aggregate Principal Note Balance of each Class of Notes and the Certificate Balance of each Class of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiiixiv) the respective Security balance of the Pre-Funding Account, Funding Account, the Reserve Sub-Account and Capitalized Interest Account as of the end of the preceding Collection Period;
(xv) the Percentage Interest applicable to each of the Notes and CertificatesSecurities, after application of payments made on such Payment Date;
(xvi) the Overcollateralization Amount as of the end of the preceding Collection Period; and
(xivxvii) the amount distributed pursuant aggregate Principal Balance of Subsequent Mortgage Loans transferred to Section 3.05(a)(xi) of the Indenture on such Payment DateTrust Estate. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate, as applicable, with a $25,000 denomination and per Certificate with a $1,000 denominationdenomination equal to a 100% Percentage Interest. If a Rapid Amortization Event or a Servicing Default shall occur, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee, a statement to such effect, including the nature of such Rapid Amortization Event or Servicing Default. Upon the Servicer's becoming aware of any Early Amortization Event, the Servicer shall forward to the Indenture Trustee and the Enhancer, a statement to such effect, including the nature of such Early Amortization Event. The Indenture Trustee, pursuant to Section 3.26 of the Indenture, shall deliver or cause to be delivered by mail to each Certificateholder, each Noteholder, the Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, notice of such Rapid Amortization Event, Early Amortization Event or Servicing Default, including, the nature thereof. Such statement may be included in, or separate from, the regular statement sent to Securityholders. The Indenture Trustee will make the Servicing Certificate (and, at its option, any additional files containing the same information in an alternative format) available each month to Securityholders, and other parties to this Agreement via the Indenture Trustee's internet website. The Indenture Trustee's internet website shall initially be located at "www.ctslink.com". Assistance in usi▇▇ ▇▇▇ ▇▇▇▇▇▇▇ can be obtained by calling the Indenture Trustee's customer service desk at (301) 815-6600. Parties that are ▇▇▇▇▇▇ ▇▇ ▇▇e the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Indenture Trustee shall have the right to change the way the statements to Securityholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Indenture Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The Indenture Trustee may require registration and the acceptance of a disclaimer in connection with access to its website.
(b) The Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Custodial Account and the Reserve Sub-Account and deposited into the Note Payment Account, Reserve Sub-Account, Funding Account and/or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be presumptively correct for all purposes hereunder hereunder, and the Owner Trustee and the Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s Issuer's written request, the Servicer shall promptly furnish such information reasonably requested by the Company Issuer that is reasonably available to the Servicer to enable the Company Issuer to perform its federal and state income tax reporting obligations.
(c) If the Note Balance of the Variable Pay Revolving Notes is to be reduced on any Payment Date pursuant to the terms of the Indenture, the Servicer shall, not later than 12:00 Noon (New York time) on the second Business Day prior to such Payment Date, deliver a written notice to the Administrative Agent specifying the amount of such reduction.
Appears in 1 contract
Sources: Servicing Agreement (Gmacm Home Equity Loan Backed Term Notes Ser 2003-He1)
Statements to Securityholders. (a) With respect to On each Payment Date, Distribution Date the Servicer shall forward to the Indenture Trustee and the Indenture Trustee pursuant to Section 3.26 of the Indenture shall forward or cause to be forwarded by mail to each Certificateholder, NoteholderHolder of a Security and to the Seller, the Credit Enhancer, Loan Seller and the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, Master Servicer a statement setting forth the following information as to the Notes and Certificates, to the extent applicablesuch distribution setting forth:
(ia) the amount of such distribution to the Securityholders of each Class applied to reduce the Security Principal Balance thereof, (b) the aggregate amount of included therein representing Principal Prepayments, (ac) Security Interest Collections the Class FXA Prepayment Percentage with respect to the Notes and Class FXA Securities, the Certificates, (b) aggregate Security Principal Collections Class A Prepayment Percentage with respect to the Notes and Class A Securities, the Certificates and (c) Security Collections for the related Collection Period Class FXA-2 Prepayment Percentage with respect to the Notes Class FXA-2 Securities, the Class A-4 Prepayment Percentage with respect to the Class A-4 Securities and the CertificatesClass B Percentage applicable to such distribution and (d) the aggregate of the Stated Principal Balances of any Mortgage Loans repurchased during the related Prepayment Period (on aggregate basis and on a Loan Group by Loan Group basis);
(ii) the amount of such distribution to the Securityholders of the Notes and the Certificates applied such Class allocable to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment Dateinterest;
(iii) the amount of related servicing compensation and the amount of servicing compensation attributable to penalties and fees received by or on behalf of the Master Servicer and any Sub-Servicers with respect to such distribution Distribution Date and such other customary information as the Master Servicer deems necessary or desirable and supplies to the Trustee, or which a Securityholder reasonably requests, to enable Securityholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect of overdue accrued interestprepare their tax returns;
(iv) the Credit Enhancement Draw Amountamount of Advances (other than Servicing Advance), if any, for such Payment Date presented in the aggregate and the aggregate amount of prior draws thereunder not yet reimbursedprincipal and the amount of interest Advances included in such distribution on such Distribution Date;
(v) the number and aggregate Stated Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, as of the end of the preceding Collection Period and (d) all of the Mortgage LoansLoans at the close of business on such Distribution Date (on an aggregate basis and on a Loan Group-by-Loan Group basis);
(vi) the Security Principal Balance of a Single Security of such Class, the aggregate Security Principal Balance of the Class FXA-1 Securities, Class FXA-2 Securities, Class FXA-3 Securities, Class FXA-4 Securities, Class FXA-5 Securities, Class FXA-6 Securities, Class FXA-7 Securities, Class FXA-8 Securities, Class A-1 Securities, Class A-2 Securities, Class A-3 Securities, Class A-4 Securities, Class FXP Securities, Class P Securities, Class B-1 Securities, Class B-2 Securities, Class B-3 Securities, Class B-4 Securities, Class B-5 Securities and Class B-6 Securities, respectively, the Notional Amounts for the Class FXS Securities, the Class S Securities and the Class FXA-9 Securities, the Class FXA Percentage, the Class A Percentage, the Class B-1 Percentage, the Class B-2 Percentage, the Class B-3 Percentage, the Class B-4 Percentage, Class B-5 Percentage and the Class B-6 Percentage after giving effect to the amounts distributed on such Distribution Date separately identifying any reduction thereof due to Realized Losses other than pursuant to an actual distribution of principal (on an aggregate basis and on a Loan Group-by-Loan Group basis);
(vii) the number and aggregate Stated Principal Balances Balance of Mortgage Loans (a) delinquent 31 to 60 days, (b) delinquent 61 to 90 days and (c) delinquent 91 days or more (on an aggregate basis and on a Loan Group-by-Loan Group basis) as of the close of business on the Determination Date to which such distribution relates;
(viii) the number and aggregate Stated Principal Balance of Mortgage Loans as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 days and 180 or more days, respectively and (b) that foreclosure proceedings have become REO, been commenced in each case as of the end of the preceding Collection Period; provided, however, that such information will not be provided on the statements relating to the first Payment Date;
(vii) the Weighted Average Net Mortgage Rate for the related Collection Period Determination Date and the Weighted Average Net Mortgage Rate for which are (a) the ________ Loansdelinquent 31 to 60 days, (b) the _______Loans delinquent 61 to 90 days and (c) the _________ Loans for the related Collection Period;
delinquent 91 days or more (viiion an aggregate basis and on a Loan Group-byLoan Group basis) the Special Capital Distribution Amount and the Required Special Capital Distribution Amount, in each case as the end of the related Collection Period; andclose of business on the Determination Date to which such distribution relates;
(ix) the number and aggregate amount Stated Principal Balance of Additional Mortgage Loans acquired during as to which bankruptcy proceedings have been commenced in each case as of the previous Collection Period with amounts in respect related Determination Date and which are (a) delinquent 31 to 60 days, (b) delinquent 61 to 90 days and (c) delinquent 91 days or more (on an aggregate basis and on a Loan Group-byLoan Group basis) as of Net Principal Collections from the Funding Accountclose of business on the Determination Date to which such distribution relates;
(x) the aggregate Liquidation Loss Amounts with respect to any Mortgage Loan that became a REO Property during the related Collection Periodpreceding calendar month, the amount loan number and Stated Principal Balance of any remaining Carryover Loss Amount with respect to the Notes and Certificates, respectively, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as a percentage of the sum of (a) the Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance such Mortgage Loan as of the latest close of business on the Distribution Date in such month and the date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool Balanceof acquisition thereof;
(xi) the book value of any unpaid interest REO Property as of the close of business on the Notes and Certificates, respectively, after such last Business Day of the calendar month preceding the Distribution Date;
(xii) the Pass-Through Rate in effect for the preceding calendar month with respect to each Class of Securities (other than the Principal Only Securities and the Residual Securities);
(xiii) the remaining aggregate Security Principal Balance of each Class of Notes and of the Certificates Securities, after giving effect to the distribution of principal on such Payment Date;
(xiii) the respective Security Percentage applicable to the Notes and Certificates, after application of payments made on such Payment Distribution Date; and;
(xiv) the Special Hazard Amount, Fraud Loss Amount and Bankruptcy Amount remaining available immediately after such Distribution Date;
(xv) the aggregate Realized Losses incurred since the Cut-off Date (on an aggregate basis and on a Loan Group-by-Loan Group basis); and
(xvi) the amount of any Excess Proceeds distributed pursuant to Section 3.05(a)(xi) each Class of Securities and the remaining balance of the Indenture Excess Proceeds Account, if any, on such Payment Distribution Date, after giving effect to distributions made on such date. In the case of information furnished pursuant to clauses subclauses (ii) and (iiii)-(iii) above, the amounts shall also be expressed as an aggregate a dollar amount per Note or Certificate with Single Security. Within a $1,000 denomination. Prior to reasonable period of time after the close end of business on the Business Day next succeeding each Determination Datecalendar year, the Servicer Trustee shall furnish prepare and forward, to each Person who at any time during the calendar year was a written Holder of a Security (other than the Class R or Class RP Securities) a statement to containing the Companyinformation set forth in subclauses (i)-(iii) above, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Account and deposited into the Payment Account on the Business Day preceding the Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) aggregated for such calendar year or applicable portion thereof during which such person was a Securityholder. Such obligation of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code and regulations thereunder as from time to time are in relying upon force. On each Distribution Date the same without any independent check Trustee shall prepare and forward, to each Holder of a Class R or verificationClass RP Security a copy of the reports forwarded to each of the Securityholders (other than the Class R or Class RP Securityholders) on such Distribution Date and a statement setting forth the amounts actually distributed with respect to the Class R or Class RP Securities on such Distribution Date. In addition, upon Within a reasonable period of time after the Company’s written requestend of each calendar year, the Servicer Trustee shall promptly furnish prepare and forward, to each Person who at any time during the calendar year was a Holder of a Class R or Class RP Security a statement containing the information reasonably requested provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R or Class RP Securityholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Company that is reasonably available Trustee pursuant to any requirements of the Servicer Code as from time to enable the Company to perform its federal and state income tax reporting obligationstime are in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Financial Asset Securitization Inc)
Statements to Securityholders. (a) With respect to On each Payment Determination Date, the Servicer shall forward provide to the Indenture Trustee and the Indenture Trustee pursuant (with a copy to Section 3.26 of the Indenture shall forward or cause to be forwarded by mail to each Certificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, ▇▇▇▇▇▇▇ ▇▇▇▇▇ Barney Inc. and each Paying Agent (if any)) for the Indenture Trustee to forward to each Noteholder of record as of the most recent Record Date and to the Owner Trustee (with a copy to each Paying Agent (if any)) for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date a statement substantially in the form of Exhibit B setting forth at least the following information as to the Notes and Certificates, Securities to the extent applicable:
(ia) the aggregate amount of (a) Security Interest Collections collections received with respect to the Notes and the Certificates, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections for the related Collection Period with respect to the Notes and the Certificates;
(ii) the amount of such distribution to the Securityholders of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment Date;
(iii) the amount of such distribution to the Securityholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect of overdue accrued interest;
(iv) the Credit Enhancement Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursed;
(v) the aggregate Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, as of the end of the preceding Collection Period and (d) all of the Mortgage Loans;
(vi) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 days and 180 or more days, respectively and (b) that have become REO, in each case as of the end of the preceding Collection Period; provided, however, that such information will not be provided on the statements relating to the first Payment Date;
(vii) the Weighted Average Net Mortgage Rate for Receivables during the related Collection Period and the Weighted Average Net Mortgage Rate for (a) the ________ Loans, allocable to principal allocable to each Class of Notes and Certificates on such Distribution Date;
(b) the _______Loans amount of collections received with respect to the Receivables during the related Collection Period and allocable to interest allocable to each Class of Notes and Certificates on such Distribution Date;
(c) the _________ Loans Outstanding Amount of each Class of Notes, the Note Pool Factor for each such Class, the Certificate Balance and the Certificate Pool Factor as of the close of business on the preceding Distribution Date, after giving effect to payments allocated to principal reported under clause (a) above;
(d) the amount of the Servicing Fee paid to the Servicer and the amount of any fees payable to the Owner Trustee, the Custodian or the Indenture Trustee with respect to the related Collection Period;
(viii) the Special Capital Distribution Amount and the Required Special Capital Distribution Amount, in each case as the end of the related Collection Period; and
(ixe) the aggregate amount amounts of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account;
(x) the aggregate Liquidation Loss Amounts Realized Losses, if any, with respect to the related Collection Period, the amount of any remaining Carryover Loss Amount with respect to the Notes and Certificates, respectively, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as a percentage of the sum of ;
(af) the Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as of the latest date that close of business on the Additional Loans have been transferred last day of the related Collection Period, after giving effect to the Company exceeds the Cut-Off Date Pool Balancepayments allocated to principal reported under clause (a) above;
(xig) any unpaid interest the balance of the Reserve Account and the Certificate Interest Reserve Account on the Notes related Determination Date after giving effect to deposits and Certificateswithdrawals to be made on such Distribution Date, respectivelyif any;
(h) the amount of any deposit to the Reserve Account and the Certificate Interest Reserve Account and the amount and application of any funds withdrawn from the Reserve Account and the Certificate Interest Reserve Account, after in each case with respect to such Distribution Date;
(xiii) the aggregate principal balance of all Receivables that became Liquidated Receivables or Purchased Receivables during the related Collection Period;
(j) the aggregate principal balance and number of Receivables that are 30 to 59 days, 60 to 89 days or 90 days or more delinquent as of the last day of the related Collection Period;
(k) the Class A-1 Interest Carryover Shortfall, the Class A-2 Interest Carryover Shortfall, the Class A-3 Interest Carryover Shortfall, the Class A-4 Interest Carryover Shortfall and the Certificateholders' Interest Carryover Shortfall, in each case after giving effect to payments on such Distribution Date, and any change in such amounts from the preceding statement;
(l) the aggregate Purchase Amounts for Receivables, if any, that were or are to be purchased during or with respect to such Collection Period;
(m) the aggregate Principal Balance and number of each Class of Notes and of all Receivables with respect to which the Certificates after giving effect to the distribution of principal on such Payment Daterelated Financed Vehicle was repossessed;
(xiiin) the respective Security Percentage applicable aggregate Principal Balance and number of Receivables with respect to which the Notes Servicer granted a deferment;
(o) for each such date during the Funding Period, the remaining amount in the Pre-Funding Account and Certificates, after application the Capitalized Interest Account;
(p) the Pre-Funded Amount remaining following the end of the Funding Period that was not used to fund the purchase of Subsequent Receivables and is being passed through as payments made on such Payment Datethe Notes; and
(xivq) the amount distributed pursuant to Section 3.05(a)(xi) of Yield Supplement Overcollateralization Amount for the Indenture on such Payment next Distribution Date. In Each amount set forth on the case of information furnished pursuant to Distribution Date statement under clauses (iia), (b) and or (iiik) above, the amounts above shall be expressed as an aggregate a dollar amount per Note or Certificate with a $1,000 denomination. Prior to the close of business on the Business Day next succeeding each Determination Dateoriginal principal balance of a Certificate or Note, the Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Account and deposited into the Payment Account on the Business Day preceding the Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s written request, the Servicer shall promptly furnish information reasonably requested by the Company that is reasonably available to the Servicer to enable the Company to perform its federal and state income tax reporting obligationsas applicable.
Appears in 1 contract
Sources: Sale and Servicing Agreement (SSB Vehicle Securities Inc BMW Vehicle Owner Trust 1999-A)
Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Master Servicer shall forward to the Indenture Trustee and the Indenture Trustee pursuant to Section 3.26 of the Indenture shall forward or cause to be forwarded by mail to each Certificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement setting forth the following information (the "Servicing Certificate") as to the Notes and Certificates, to the extent applicable:
(ia) the aggregate amount of (a) Security Interest Collections with respect to the Notes and the CertificatesCollections, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections for the related Collection Period with respect to the Notes and the CertificatesSubstitution Adjustment Amounts;
(iib) the amount of such distribution as principal to the Securityholders of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment DateNoteholders;
(iiic) the amount of such distribution as interest to the Securityholders of the Notes and the Certificates allocable to interest and Noteholders, separately stating the portion thereof in respect of overdue accrued interest;
(ivd) the amount of any Credit Enhancement Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursed; (e) the amount of such distribution as principal and interest to the Certificateholders of the Certificates, separately stating the portion thereof which resulted in a reduction of the Certificate Principal Balance thereof;
(vf) the aggregate Principal Loan Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, Revolving Credit Loans as of the end of the preceding Collection Period and (d) all of the Mortgage LoansPeriod;
(vig) the aggregate amount of Additional Balances created during the previous Collection Period conveyed to the Issuer;
(h) the number and aggregate Principal Loan Balances of Mortgage Revolving Credit Loans (a) as to which the Minimum Monthly Payment is delinquent Delinquent for 30-59 days, 60-89 days, 90-179 days and 180 90 or more days, respectively respectively, (b) that are foreclosed and (bc) that have become REO, in each case as of the end of the preceding related Collection Period; provided, however, that such information will not be provided on the statements relating to the first Payment Date;
(viii) the Weighted Average weighted average Net Mortgage Loan Rate for the related Collection Period and the Weighted Average Net Mortgage Rate for (a) the ________ Loans, (b) the _______Loans and (c) the _________ Loans for the related Collection Period;
(viii) the Special Capital Distribution Amount and the Required Special Capital Distribution Amount, in each case as the end of the related Collection Period; and
(ix) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account;
(xj) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any remaining Carryover Liquidation Loss Amount Distribution Amounts with respect to the Notes and Certificates, respectivelyNotes, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollars and as a percentage of the sum of (a) the aggregate Cut-Off off Date Pool Balance and (b) the amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool Loan Balance;
(xik) any unpaid interest on the Notes aggregate Excess Loss Amounts with respect to the related Collection Period and Certificates, respectively, after such Distribution Datethe aggregate of the Excess Loss Amounts from all Collection Periods to date;
(xiil) the aggregate Principal Special Hazard Losses, Fraud Losses, Bankruptcy Losses and losses caused by or resulting from an Extraordinary Event with respect to the related Collection Period and the aggregate of each of such losses from all Collection Periods to date;
(m) the Note Balance of each Class of Notes and the Certificate Principal Balance of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiiin) the respective Security Percentage applicable to aggregate Servicing Fees for the Notes related Collection Period and Certificatesthe aggregate amount of Draws for the related Collection Period;
(o) the number and amount of any increases in the Credit Limits of the Revolving Credit Loans during the related Collection Period;
(p) the Outstanding Reserve Amount, after application of payments made on the Undercollateralization Amount, the Special Hazard Amount, the Fraud Loss Amount, the Bankruptcy Loss Amount and the Reserve Amount Target immediately following such Payment Date; and
(xiv1) the number and principal amount distributed of release agreements pursuant to Section 3.05(a)(xi3.05(b) entered into during the calendar year and since the Closing Date, stated separately, for the Revolving Credit Loans and, the aggregate outstanding principal amount of such release agreements expressed as a percentage of the Indenture on such Payment Pool Balance with information provided separately with respect to all Unsecured Loans and (2) the number and principal amount of Capitalization Workouts pursuant to Section 3.02(a)(v) entered into during the calendar year and since the Closing Date, stated separately for the Revolving Credit Loans, and the aggregate outstanding amount of the Capitalization Workouts expressed as a percentage of the Pool Balance. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Variable Funding Note, Term Note or Certificate Certificate, as applicable, with a $1,000 denomination. In addition, the Master Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Master Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Custodial Account and deposited into the Payment Account on the Business Day preceding the related Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture3.03. The determination by the Master Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s Issuer's written request, the Master Servicer shall promptly furnish information reasonably requested by the Company Issuer that is reasonably available to the Master Servicer to enable the Company Issuer to perform its federal and state income tax reporting obligations.
Appears in 1 contract
Sources: Servicing Agreement (Residential Funding Mortgage Securities Ii Inc)
Statements to Securityholders. (a) With respect to On each Payment Distribution Date, the Servicer Owner Trustee shall forward include with each distribution to the Indenture Trustee a Certificateholder, and the Indenture Trustee shall include with each distribution to a Noteholder, a statement (which statement shall also be provided to the Rating Agencies), based on information in the Servicer's Certificate furnished pursuant to Section 3.26 of the Indenture 3.9. Each such statement shall forward or cause to be forwarded by mail to each Certificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement setting set forth the following information as to the Notes and CertificatesSecurities with respect to such Distribution Date or the preceding Collection Period, to the extent as applicable:
(i) the aggregate amount of (a) Security Interest Collections the distribution allocable to principal with respect to the each class of Notes and the Certificates, (b) aggregate Security Principal Collections with respect to the Notes and any distributions on the Certificates and (c) Security Collections for the related Collection Period with respect to the Notes and the Certificatesderivation of such amounts;
(ii) the amount of such the distribution allocable to the Securityholders interest on or with respect to each class of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment DateCertificates;
(iii) the amount of such distribution the Total Servicing Fee paid or payable to the Securityholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof Servicer in respect of overdue accrued interestthe related Collection Period;
(iv) the Credit Enhancement Draw Amount, aggregate Outstanding Advances (if any, for such Payment Date ) as of the last day of the preceding Collection Period and the aggregate change in such amount of prior draws thereunder not yet reimbursedfrom the previous Collection Period;
(v) the aggregate Principal Aggregate Receivables Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, as of the end close of business on the last day of the preceding Collection Period and (d) all of the Mortgage LoansPeriod;
(vi) the number aggregate outstanding principal balance and aggregate Principal Balances the Note Pool Factor for each class of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 days and 180 or more days, respectively and (b) that have become REOsuch Notes, in each case as of the end of the preceding Collection Period; provided, however, that after giving effect to all payments reported under clause (i) above on such information will not be provided on the statements relating to the first Payment Datedate;
(vii) the Weighted Average Net Mortgage Rate amount of the aggregate Realized Losses, if any, for the related Collection Period and the Weighted Average Net Mortgage Rate for (a) the ________ Loans, (b) the _______Loans and (c) the _________ Loans for the related preceding Collection Period;
(viii) the Special Capital Distribution Amount Noteholders' Interest Carryover Shortfall, the Noteholders' Principal Carryover Shortfall, the Certificateholders' Interest Carryover Shortfall and the Required Special Capital Distribution AmountCertificateholders' Principal Carryover Shortfall, if any, in each case as applicable to each class of Securities and the end of change in such amounts from the related Collection Period; andpreceding statement;
(ix) the aggregate amount of Additional Loans acquired during Repurchase Amount with respect to Purchased Receivables, if any, that were repurchased by the previous Seller or purchased by the Servicer in such Collection Period with amounts in respect of Net Principal Collections from the Funding AccountPeriod;
(x) the aggregate Liquidation Loss Amounts with respect balance of the Reserve Account, as of such date, after giving effect to the related Collection Period, the amount of any remaining Carryover Loss Amount with respect to the Notes and Certificates, respectively, changes therein on such date and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as a percentage of the sum of (a) the Cut-Off Date Pool Specified Reserve Account Balance and (b) the amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool Balance;on such date; and
(xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date;
(xii) the aggregate Principal Balance of each Class of Notes and balance of the Certificates Yield Supplement Account, as of such date, after giving effect to the distribution of principal changes therein on such Payment Date;date and the Yield Supplement Amount and the calculation thereof.
(xiiib) Within a reasonable period of time after the respective Security Percentage applicable to end of each calendar year, but not later than the Notes and Certificates, after application of payments made on such Payment Date; and
(xiv) the amount distributed pursuant to Section 3.05(a)(xi) of the Indenture on such Payment Date. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate with a $1,000 denomination. Prior to the close of business on the Business Day next succeeding each Determination Datelatest date permitted by law, the Servicer shall furnish a written statement report to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Account and deposited into the Payment Account on the Business Day preceding the Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and the Indenture Trustee or the Owner Trustee, as applicable, shall furnish, or cause to be protected furnished, to each Person who at any time during such calendar year shall have been a Securityholder, a statement based upon such report as to the sum of the amounts determined in relying upon clauses (i), (ii), (iii), (viii) and (x) above for such calendar year, or, in the same without any independent check or verification. In additionevent such Person shall have been a Securityholder during a portion of such calendar year, upon for the Company’s written requestapplicable portion of such year, the Servicer shall promptly furnish and such other information reasonably requested by the Company that as is reasonably available to the Servicer as the Servicer deems necessary or desirable to enable the Company Securityholders to perform its prepare their federal and state income tax reporting obligationsreturns.
Appears in 1 contract
Sources: Sale and Servicing Agreement (First Security Bank Na)
Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Servicer shall forward the Servicing Certificate to the Indenture Trustee Trustee, and the Indenture Trustee Trustee, pursuant to Section 3.26 of the Indenture Indenture, shall forward or cause to be forwarded by mail make such Servicing Certificate available to each Certificateholder, each Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, with a statement setting copy to the Enhancer. The Servicing Certificate shall set forth the following information as to the Notes and Certificates, to the extent applicable:
(i) the aggregate amount of (a) Security Interest Collections with respect to the Notes and the CertificatesCollections, (b) aggregate Security Principal Collections (and, with respect to any Payment Date relating to the Notes and the Certificates Managed Amortization Period, Net Principal Collections) and (c) Security Collections Substitution Adjustment Amounts for the related such Collection Period with respect to the Notes and the CertificatesPeriod;
(ii) the amount of such distribution as principal to the Securityholders Noteholders of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect each Class of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment DateNotes;
(iii) the amount of such distribution as interest to the Securityholders Noteholders of each Class of Notes, the Notes and the Certificates allocable to interest and separately stating the portion thereof amount thereof, if any, payable in respect of overdue accrued interestunpaid Interest Shortfalls, and the amount of any Interest Shortfalls for the related Payment Date;
(iv) the Credit Enhancement each Policy Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws on the Policy thereunder not yet reimbursed;
(v) the amount of such distribution to the Certificateholders;
(vi) the amount of any Additional Balance Increase Amount payable to the Certificateholders;
(vii) the aggregate Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, Mortgage Loans as of the end of the preceding Collection Period and (d) all of the Mortgage LoansPeriod;
(viviii) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 119 days, 120-149 days and 180 or more 150-179 days, respectively and respectively, (b) that have the related Mortgaged Property of which has been foreclosed upon and (c) as to which the related Mortgaged Property has become REOREO Property, in each case as of the end of the preceding Collection Period; provided, however, that such information will shall not be provided on the statements relating to the first Payment Date;
(viiix) the Weighted Average Net number and aggregate Principal Balance of Mortgage Rate for the related Loans repurchased pursuant to Section 3.15(a) herein during such Collection Period and the Weighted Average Net Mortgage Rate for Period;
(ax) the ________ Loans, (b) the _______Loans and (c) the _________ Loans Net WAC Rate for the related Collection Period;
(viiixi) prior to the Special Capital Distribution Amount and second Determination Date following the Required Special Capital Distribution Amount, in each case as the end commencement of the related Collection Rapid Amortization Period; and
(ix) , the aggregate amount of Additional Loans acquired Balances created during the previous Collection Period with amounts in respect and conveyed to the Issuer prior to the commencement of Net Principal Collections from the Funding Accountsuch Rapid Amortization Period;
(xxii) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount distributed as principal to Noteholders in respect of any remaining Carryover Liquidation Loss Amount with respect to the Notes and Certificates, respectively, Amounts and the aggregate of the Liquidation Loss Amounts (minus any Subsequent Net Recovery Amounts) from all Collection Periods to date expressed as dollar amount and as a percentage of the sum of (a) the aggregate Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as Principal Balances of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool BalanceMortgage Loans;
(xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date;
(xiixiii) the aggregate Principal Note Balance of each Class of Notes and the Certificate Balance of each Class of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiiixiv) the respective Security balance of the Pre-Funding Account, Funding Account, the Reserve Sub-Account and Capitalized Interest Account as of the end of the preceding Collection Period;
(xv) the Percentage Interest applicable to each of the Notes and CertificatesSecurities, after application of payments made on such Payment Date;
(xvi) the Overcollateralization Amount as of the end of the preceding Collection Period; and
(xivxvii) the amount distributed pursuant aggregate Principal Balance of Subsequent Mortgage Loans transferred to Section 3.05(a)(xi) of the Indenture on such Payment DateTrust Estate. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate, as applicable, with a $25,000 denomination and per Certificate with a $1,000 denominationdenomination equal to a 100% Percentage Interest. If a Rapid Amortization Event or a Servicing Default shall occur, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee, a statement to such effect, including the nature of such Rapid Amortization Event or Servicing Default. Upon the Servicer's becoming aware of any Early Amortization Event, the Servicer shall forward to the Indenture Trustee, a statement to such effect, including the nature of such Early Amortization Event. The Indenture Trustee, pursuant to Section 3.26 of the Indenture, shall deliver or cause to be delivered by mail to each Certificateholder, each Noteholder, the Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, notice of such Rapid Amortization Event, Early Amortization Event or Servicing Default, including, the nature thereof. Such statement may be included in, or separate from, the regular statement sent to Securityholders. The Indenture Trustee will make the Servicing Certificate (and, at its option, any additional files containing the same information in an alternative format) available each month to Securityholders, and other parties to this Agreement via the Indenture Trustee's internet website. The Indenture Trustee's internet website shall initially be located at "www.ctslink.com". Assistance in u▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇e can be obtained by calling the Indenture Trustee's customer service desk at (301) 815-6600. Parties that a▇▇ ▇▇▇▇▇▇ ▇▇ use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Indenture Trustee shall have the right to change the way the statements to Securityholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Indenture Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The Indenture Trustee may require registration and the acceptance of a disclaimer in connection with access to its website.
(b) The Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Custodial Account and the Reserve Sub-Account and deposited into the Note Payment Account, Reserve Sub-Account, Funding Account and/or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be presumptively correct for all purposes hereunder hereunder, and the Owner Trustee and the Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s Issuer's written request, the Servicer shall promptly furnish such information reasonably requested by the Company Issuer that is reasonably available to the Servicer to enable the Company Issuer to perform its federal and state income tax reporting obligations.
(c) If the Note Balance of the Variable Pay Revolving Notes is to be reduced on any Payment Date pursuant to the terms of the Indenture, the Servicer shall, not later than 12:00 Noon (New York time) on the second Business Day prior to such Payment Date, deliver a written notice to the Administrative Agent specifying the amount of such reduction.
Appears in 1 contract
Sources: Servicing Agreement (Residential Asset Mortgage Products Inc)
Statements to Securityholders. (a) With respect to On each Payment Date, the Servicer shall forward provide to the Indenture Trustee and (with a copy to each Rating Agency) for the Indenture Trustee pursuant to Section 3.26 forward to each Noteholder of record as of the Indenture shall most recent Record Date and to the Owner Trustee for the Owner Trustee to forward or cause to be forwarded by mail to each Certificateholder, Noteholder, Certificateholder of record as of the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, most recent Record Date a statement substantially in the form of Exhibit B, respectively, setting forth at least the following information as to the Notes and Certificates, Securities to the extent applicable:
(i) the aggregate amount of (a) Security Interest Collections collections received with respect to the Notes and the Certificates, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections for Receivables during the related Collection Period with respect and allocable to the principal allocable to each Class of Notes and the Certificateson such Payment Date;
(ii) the amount of such distribution collections received with respect to the Securityholders Receivables during the related Collection Period and allocable to interest allocable to each Class of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment Date;
(iii) the amount Outstanding Amount of each Class of Notes, the Note Pool Factor for each such distribution to the Securityholders Class as of the Notes and close of business on the Certificates allocable last day of the preceding Collection Period, after giving effect to interest and separately stating the portion thereof in respect of overdue accrued interestpayments allocated to principal reported under clause (i) above;
(iv) the Credit Enhancement Draw Amount, if any, for such Payment Date amount of the Servicing Fee paid to the Servicer and the aggregate amount of prior draws thereunder not yet reimbursedany fees payable to the Owner Trustee, or the Indenture Trustee with respect to the related Collection Period;
(v) the aggregate amounts of Realized Losses, if any, with respect to the related Collection Period;
(vi) the balance of the Reserve Account on the related Determination Date after giving effect to deposits and withdrawals to be made on the relevant Payment Date, if any;
(vii) the Pool Balance as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(viii) the amount of any deposit to the Reserve Account and the amount and application of any funds withdrawn from the Reserve Account, in each case with respect to such Payment Date;
(ix) the aggregate principal balance of all Receivables that became Liquidated Receivables or Purchased Receivables during the related Collection Period;
(x) the aggregate principal balance and number of Receivables that are 30 to 60 days, 61 to 90 days or 91 days or more delinquent as of the last day of the related Collection Period;
(xi) any Available Amounts Shortfall after giving effect to payments on such Payment Date, and any change in such amounts from the preceding statement;
(xii) the aggregate Purchase Amounts for Receivables, if any, that were purchased during or with respect to such Collection Period;
(xiii) the aggregate Principal Balance and number of all Receivables with respect to which the related Financed Vehicle was repossessed;
(axiv) the ________ Loansaggregate Principal Balance and number of Receivables with respect to which the Servicer granted an extension;
(xv) the Required Yield Supplement Overcollateralization Amount for the next Collection Period; and
(xvi) any amounts distributed to the Certificateholders. Each amount set forth on the Payment Date statement under clauses (i), (bii) or (iv) above shall be expressed as a dollar amount per $1,000 of original principal balance of a Certificate or Note, as applicable. The Indenture Trustee may make any such statement (and, at its option, any additional files containing the ______ Loans, (csame information in an alternative format) available to the applicable Noteholders via [_________ Loans___]. In connection with providing access to the Indenture Trustee's website, as the Indenture Trustee may require registration and the acceptance of certain terms and conditions. The Indenture Trustee shall have the end of right to change the preceding Collection Period and (d) all of way such statements are distributed in order to make such distributions more convenient and/or more accessible to the Mortgage Loans;
(vi) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 days and 180 or more days, respectively and (b) that have become REO, in each case as of the end of the preceding Collection Periodabove parties regarding any such changes; provided, however, that such information will not be provided on the statements relating to the first Payment Date;
(vii) the Weighted Average Net Mortgage Rate for the related Collection Period and the Weighted Average Net Mortgage Rate for (a) the ________ Loans, (b) the _______Loans and (c) the _________ Loans for the related Collection Period;
(viii) the Special Capital Distribution Amount and the Required Special Capital Distribution Amount, in each case as the end of the related Collection Period; and
(ix) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account;
(x) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any remaining Carryover Loss Amount with respect to the Notes and Certificates, respectively, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as a percentage of the sum of (a) the Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool Balance;
(xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date;
(xii) the aggregate Principal Balance of each Class of Notes and of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiii) the respective Security Percentage applicable to the Notes and Certificates, after application of payments made on such Payment Date; and
(xiv) the amount distributed pursuant to Section 3.05(a)(xi) of the Indenture on such Payment Date. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate with a $1,000 denomination. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required will also mail copies of any such statements to be withdrawn from the Collection Account and deposited into the Payment Account on the Business Day preceding the Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s written request, the Servicer shall promptly furnish information reasonably requested by the Company that is reasonably available to the Servicer to enable the Company to perform its federal and state income tax reporting obligationsrequesting Noteholder.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Hyundai Abs Funding Corp)
Statements to Securityholders. (a) With respect to each Payment Date, the Servicer shall forward to the Indenture Trustee and the Indenture Trustee pursuant to Section 3.26 of the Indenture shall forward or cause to be forwarded by mail to each Certificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement setting forth the following information as to the Notes and Certificates, to the extent applicable:
(i) the aggregate amount of (a) Security Interest Collections with respect to the Notes and the Certificates, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections for the related Collection Period with respect to the Notes and the Certificates;
(ii) the amount of such distribution to the Securityholders of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment Date;
(iii) the amount of such distribution to the Securityholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect of overdue accrued interest;
(iv) the Credit Enhancement Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursed;
(v) the aggregate Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, as of the end of the preceding Collection Period and (d) all of the Mortgage Loans;
(vi) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 days and 180 or more days, respectively and (b) that have become REO, in each case as of the end of the preceding Collection Period; provided, however, that such information will not be provided on the statements relating to the first Payment Date;
(vii) the Weighted Average Net Mortgage Rate for the related Collection Period and the Weighted Average Net Mortgage Rate for (a) the ________ Loans, (b) the _______Loans and (c) the _________ Loans for the related Collection Period;
(viii) the Special Capital Distribution Amount and the Required Special Capital Distribution Amount, in each case as the end of the related Collection Period; and
(ix) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account;
(x) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any remaining Carryover Loss Amount with respect to the Notes and Certificates, respectively, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as a percentage of the sum of (a) the Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool Balance;
(xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date;
(xii) the aggregate Principal Balance of each Class of Notes and of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiii) the respective Security Percentage applicable to the Notes and Certificates, after application of payments made on such Payment Date; and
(xiv) the amount distributed pursuant to Section 3.05(a)(xi) of the Indenture on such Payment Date. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate with a $1,000 denomination. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Account and deposited into the Payment Account on the Business Day preceding the Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s written request, the Servicer shall promptly furnish information reasonably requested by the Company that is reasonably available to the Servicer to enable the Company to perform its federal and state income tax reporting obligations.,
Appears in 1 contract
Sources: Servicing Agreement (Opteum Mortgage Acceptance CORP)
Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Servicer shall forward the Servicing Certificate to the Indenture Trustee Trustee, and the Indenture Trustee Trustee, pursuant to Section 3.26 of the Indenture Indenture, shall forward or cause to be forwarded by mail make such Servicing Certificate available to each Certificateholder, each Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, with a statement setting copy to the Enhancer. The Servicing Certificate shall set forth the following information as to the Notes and Certificates, to the extent applicable:
(i) the aggregate amount of (a) Security Interest Collections with respect to the Notes and the CertificatesCollections, (b) aggregate Security Principal Collections (and, with respect to any Payment Date relating to the Notes and the Certificates Managed Amortization Period, Net Principal Collections) and (c) Security Collections Substitution Adjustment Amounts for the related such Collection Period with respect to the Notes and the CertificatesPeriod;
(ii) the amount of such distribution as principal to the Securityholders of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment DateNoteholders;
(iii) the amount of such distribution as interest to the Securityholders of Noteholders, the Notes and the Certificates allocable to interest and separately stating the portion thereof amount thereof, if any, payable in respect of overdue accrued interestunpaid Interest Shortfalls, and the amount of any Interest Shortfalls for the related Payment Date;
(iv) the Credit Enhancement Draw each Deficiency Amount, if any, for such Payment Date and the aggregate amount of prior draws on the Policy thereunder not yet reimbursed;
(v) the amount, if any, received under the Yield Maintenance Agreement;
(vi) the amount of such distribution to the Certificateholders;
(vii) the amount of any Additional Balance Increase Amount payable to the Certificateholders and the amount of Principal Collections paid in respect of such Additional Balance Increase Amount;
(viii) the aggregate Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, Mortgage Loans as of the end of the preceding Collection Period and (d) all of the Mortgage LoansPeriod;
(viix) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 119 days, 120-149 days and 180 or more 150-179 days, respectively and respectively, (b) that have the related Mortgaged Property of which has been foreclosed upon and (c) as to which the related Mortgaged Property has become REOREO Property, in each case as of the end of the preceding Collection Period; provided, however, that such information will shall not be provided on the statements relating to the first Payment Date;
(viix) the Weighted Average Net Mortgage WAC Rate for the related Collection Period and the Weighted Average Net Mortgage Rate for (a) the ________ Loans, (b) the _______Loans and (c) the _________ Loans for the related Collection Period;
(viiixi) prior to the Special Capital Distribution Amount and second Determination Date following the Required Special Capital Distribution Amount, in each case as the end commencement of the related Collection Rapid Amortization Period; and
(ix) , the aggregate amount of Additional Loans acquired Balances created during the previous Collection Period with amounts in respect and conveyed to the Issuer prior to the commencement of Net Principal Collections from the Funding Accountsuch Rapid Amortization Period;
(xxii) the aggregate Liquidation Loss Amounts (other than amounts allocated in respect of the Excluded Amount) with respect to the related Collection Period, the amount distributed as principal to Noteholders in respect of any remaining Carryover Liquidation Loss Amount with respect to the Notes and Certificates, respectively, Amounts and the aggregate of the Liquidation Loss Amounts (minus any Subsequent Net Recovery Amounts and other than amounts allocated in respect of the Excluded Amount) from all Collection Periods to date expressed as dollar amount and as a percentage of the sum of (a) the aggregate Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as Principal Balances of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool BalanceMortgage Loans;
(xixiii) any unpaid interest on the Note Balance of the Notes and Certificates, respectively, after such Distribution Date;
(xii) the aggregate Principal Certificate Balance of each Class of Notes and of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiiixiv) the respective Security balance of the Funding Account as of the end of the preceding Collection Period;
(xv) the Percentage Interest applicable to each of the Notes and CertificatesSecurities, after application of payments made on such Payment Date; and
(xivxvi) the amount distributed pursuant to Section 3.05(a)(xi) Overcollateralization Amount as of the Indenture on such Payment Dateend of the preceding Collection Period. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate, as applicable, with a $25,000 denomination and per Certificate with a $1,000 denominationdenomination equal to a 100% Percentage Interest. If a Managed Amortization Event, a Rapid Amortization Event or a Servicing Default shall occur, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee, a statement to such effect, including the nature of such Rapid Amortization Event or Servicing Default. The Indenture Trustee shall deliver or cause to be delivered by mail to each Certificateholder, each Noteholder, the Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, notice of such Managed Amortization Event, Rapid Amortization Event or Servicing Default, including, in the case of a Rapid Amortization Event or a Servicing Default, the nature thereof. Such statement may be included in, or separate from, the regular statement sent to Securityholders. The Indenture Trustee shall make the Servicing Certificate (and, at its option, any additional files containing the same information in an alternative format) available each month to Securityholders, and other parties to this Agreement via mail, courier, email, facsimile copy, the Indenture Trustee’s internet website or other electronic means. The Indenture Trustee’s internet website shall initially be located at “▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/absmbs”. Assistance in using the website can be obtained by calling the Indenture Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Indenture Trustee shall have the right to change the way the statements to Securityholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Indenture Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The Indenture Trustee may require registration and the acceptance of a disclaimer in connection with access to its website
(b) The Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Custodial Account and deposited into the Note Payment Account, Funding Account and/or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture3.04. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be presumptively correct for all purposes hereunder hereunder, and the Owner Trustee and the Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s Issuer's written request, the Servicer shall promptly furnish such information reasonably requested by the Company Issuer that is reasonably available to the Servicer to enable the Company Issuer to perform its federal and state income tax reporting obligations.
Appears in 1 contract
Sources: Servicing Agreement (Wachovia Asset Securitization Inc 2002 He2 Trust)
Statements to Securityholders. (a) With respect to On each Payment Date, the Servicer shall forward provide to the Indenture Trustee and (with a copy to each Rating Agency), for the Indenture Trustee pursuant to Section 3.26 forward to each Noteholder of record as of the Indenture shall forward or cause most recent Record Date, and to be forwarded by mail to each Certificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, for the Certificate Paying Agent and Owner Trustee to forward to each Rating AgencyCertificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit B, respectively, setting forth at least the following information as to the Notes and Certificates, Securities to the extent applicable:
(i) the aggregate amount of (a) Security Interest Collections collections received with respect to the Notes and the Certificates, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections for Receivables during the related Collection Period with respect and allocable to the principal allocable to each Class of Notes and the Certificateson such Payment Date;
(ii) the amount of such distribution collections received with respect to the Securityholders Receivables during the related Collection Period and allocable to interest allocable to each Class of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment Date;
(iii) the amount Outstanding Amount of each Class of Notes, the Note Pool Factor for each such distribution to the Securityholders Class, as of the Notes and close of business on the Certificates allocable last day of the preceding Collection Period, after giving effect to interest and separately stating the portion thereof in respect of overdue accrued interestpayments allocated to principal reported under clause (i) above;
(iv) the Credit Enhancement Draw Amount, if any, for such Payment Date amount of the Servicing Fee paid to the Servicer and the aggregate amount of prior draws thereunder not yet reimbursedany fees payable to the Owner Trustee, or the Indenture Trustee with respect to the related Collection Period;
(v) the aggregate Principal Balance amounts of (a) the ________ LoansRealized Losses, (b) the ______ Loansif any, (c) the _________ Loans, as of the end of the preceding Collection Period and (d) all of the Mortgage Loans;
(vi) the number and aggregate Principal Balances of Mortgage Loans (a) as with respect to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 days and 180 or more days, respectively and (b) that have become REO, in each case as of the end of the preceding Collection Period; provided, however, that such information will not be provided on the statements relating to the first Payment Date;
(vii) the Weighted Average Net Mortgage Rate for the related Collection Period and the Weighted Average Net Mortgage Rate for (a) the ________ Loans, (b) the _______Loans and (c) the _________ Loans for the related Collection Period;
(viiivi) the Special Capital Distribution Amount balance of the Reserve Account on the related Determination Date after giving effect to deposits and withdrawals to be made on the Required Special Capital Distribution Amountrelevant Payment Date, in each case if any;
(vii) the Pool Balance as of the end close of business on the last day of the related Collection Period; and, after giving effect to payments allocated to principal reported under clause (i) above;
(viii) the amount of any deposit to the Reserve Account and the amount and application of any funds withdrawn from the Reserve Account, in each case with respect to such Payment Date;
(ix) the aggregate amount principal balance of Additional Loans acquired all Receivables that became Liquidated Receivables or Purchased Receivables during the previous related Collection Period with amounts in respect of Net Principal Collections from the Funding AccountPeriod;
(x) the aggregate Liquidation Loss Amounts with respect principal balance and number of Receivables that are 30 to 60 days, 61 to 90 days, or 91 days or more delinquent as of the last day of the related Collection Period, the amount of any remaining Carryover Loss Amount with respect to the Notes and Certificates, respectively, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as a percentage of the sum of (a) the Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool Balance;
(xi) any unpaid interest Available Amounts Shortfall after giving effect to payments on such Payment Date, and any change in such amounts from the Notes and Certificates, respectively, after such Distribution Datepreceding statement;
(xii) the aggregate Principal Balance of each Class of Notes and of the Certificates after giving effect Purchase Amounts for Receivables, if any, that were purchased during or with respect to the distribution of principal on such Payment DateCollection Period;
(xiii) the respective Security Percentage applicable aggregate Principal Balance and number of all Receivables with respect to which the Notes and Certificates, after application of payments made on such Payment Date; andrelated Financed Vehicle was repossessed;
(xiv) the aggregate Principal Balance and number of Receivables with respect to which the Servicer granted an extension;
(xv) [the Required Yield Supplement Overcollateralization Amount for the next Collection Period;] and
(xvi) any amounts distributed to the Certificateholders. Each amount distributed pursuant to Section 3.05(a)(xiset forth on the Payment Date statement under clauses (i) of the Indenture on such Payment Date. In the case of information furnished pursuant to clauses and (ii) and (iii) above, the amounts above shall be expressed as an aggregate a dollar amount per Note or Certificate with a $1,000 denominationof original principal balance of a Certificate or Note, as applicable. Prior The Indenture Trustee may make any such statement (and, at its option, any additional files containing the same information in an alternative format) available to the close of business on applicable Noteholders via www.[_________].com. The Indenture Trustee shall have the Business Day next succeeding each Determination Date, right to change the Servicer shall furnish a written statement way such statements are distributed in order to make such distributions more convenient and/or more accessible to the Companyabove parties regarding any such changes; provided, the Owner Trusteehowever, the Depositor, the Certificate Paying Agent and that the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required will also mail copies of any such statements to be withdrawn from the Collection Account and deposited into the Payment Account on the Business Day preceding the Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s written request, the Servicer shall promptly furnish information reasonably requested by the Company that is reasonably available to the Servicer to enable the Company to perform its federal and state income tax reporting obligationsrequesting Noteholder.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Hyundai Abs Funding Corp)
Statements to Securityholders. (a) With respect On or prior to each Payment Date, the Servicer shall forward provide to the Indenture Trustee and the Indenture Owner Trustee (with a copy to the Rating Agency) for the Trustee and the Owner Trustee to forward to each Securityholder of record (in the case of the Trustee, pursuant to Section 3.26 of 5.8(b)) the Indenture shall forward statement or cause to be forwarded statements provided by mail to each Certificateholder, Noteholder, the Credit Enhancer, Servicer in substantially the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement form attached hereto as Exhibit E setting forth at least the following information as to the Notes and Certificates, to the extent applicableinformation:
(i) the aggregate amount of (a) Security Interest Collections with respect any distributions allocable to the Notes and the Certificates, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections for the related Collection Period with respect to the Notes and the Certificatesprincipal of each Class of Notes;
(ii) the amount of such distribution allocable to the Securityholders interest on or with respect to each Class of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment DateNotes;
(iii) the amount of such distribution to the Securityholders Pool Balance as of the Notes and close of business on the Certificates allocable to interest and separately stating last day of the portion thereof in respect of overdue accrued interestrelated Collection Period;
(iv) the Credit Enhancement Draw Amount, if any, Note Balance for such Payment Date and the aggregate amount each Class of prior draws thereunder not yet reimbursedNotes after giving effect to payments allocated to principal reported under clause (i) above;
(v) the aggregate Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, as amount of the end Servicing Fee paid to the Servicer with respect to the related Collection Period, and the amount of any unpaid Servicing Fees and the preceding Collection Period and (d) all of change in such amount from the Mortgage Loansprior Payment Date;
(vi) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 days and 180 or more days, respectively and (b) that have become REO, in each case as amount of the end of Backup Servicing Fee and the preceding Trustee Fees paid to the Backup Servicer, the Trustee and the Owner Trustee, as applicable, with respect to the related Collection Period; provided, however, that and the amount of any unpaid Backup Servicing Fees and Trustee Fees and the change in all such information will not be provided on amounts from the statements relating to the first prior Payment Date;
(vii) the Weighted Average Net Mortgage Rate Noteholders’ Interest Carryover Shortfall for each Class of Notes for such Payment Date;
(viii) the amount, if any, paid to the Noteholders from the Series 2011-B Spread Account for such Payment Date;
(ix) the aggregate amount in the Series 2011-B Spread Account and the change in such amount from the previous Payment Date and the Specified Spread Account Requisite Amount for such Payment Date;
(x) the number of Receivables and the aggregate net balance thereon for which the related Obligors are delinquent in making Scheduled Receivable Payments for (a) 31 to 60 days, (b) 61 to 90 days, and (c) 91 days or more;
(xi) the number and the aggregate Purchase Amounts for Receivables purchased by CPS or purchased by the Servicer during the related Collection Period and the Weighted Average Net Mortgage Rate for summary information as to losses and delinquencies with respect to such Receivables;
(axii) the ________ LoansPrincipal Balance of all Receivables that have become Liquidated Receivables, (b) the _______Loans and (c) the _________ Loans for net of Recoveries, during the related Collection Period;
(viiixiii) the Special Capital Distribution Amount and cumulative Principal Balance of all Receivables that have become Liquidated Receivables, net of Recoveries, during the Required Special Capital Distribution Amount, in each case as period from the end Cutoff Date to the last day of the related Collection Period; and
(ix) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account;
(x) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any remaining Carryover Loss Amount with respect to the Notes and Certificates, respectively, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as a percentage of the sum of (a) the Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool Balance;
(xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date;
(xii) the aggregate Principal Balance of each Class of Notes and of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiii) the respective Security Percentage applicable to the Notes and Certificates, after application of payments made on such Payment Date; and
(xiv) the amount distributed pursuant of any Texas Franchise Tax due and owing by CPS under the Receivables Purchase Agreement to Section 3.05(a)(xi) the taxing authority of the Indenture State of Texas on such or prior to the related Payment Date or paid by CPS since the prior Payment Date. In ;
(xv) the case of information furnished pursuant to clauses (ii) and (iii) aboveThree-Month Rolling Average Extension Ratio, the amounts shall be expressed as an Cumulative Net Loss Rate, the Delinquency Ratio and the Three-Month Rolling Average Delinquency Ratio; and
(xvi) the aggregate dollar amount per Note or Certificate Sale Amount with a $1,000 denomination. Prior respect to Sold Receivables, if any, during the close related Collection Period.
(b) Within 60 days after the end of business on the Business Day next succeeding each Determination Datecalendar year, the Servicer shall furnish a written statement deliver to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee a statement setting forth the amounts paid during such preceding calendar year in respect of paragraphs (i) all the foregoing information), (ii), (v) the aggregate amounts required to be withdrawn from the Collection Account and deposited into the Payment Account on the Business Day preceding the Payment Date pursuant to Section 3.03 and (iiivi) the amounts (A) withdrawn from the Payment Account above. The Trustee shall mail a copy of such statement to each person who at any time during such preceding calendar year shall have been a Securityholder of record and deposited to the Funding Account pursuant to Section 8.02(b) received any payment in respect of the Indenture and Securities.
(Bc) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s written request, the Servicer shall promptly furnish information reasonably requested by the Company that is reasonably may make available to the Securityholders, via the Trustee’s Internet Website, all statements described herein and, with the consent or at the direction of the Seller, such other information regarding the Notes and/or the Receivables as the Trustee may have in its possession, but only with the use of a password provided by the Trustee. The Trustee will make no representation or warranties as to the accuracy or completeness of such documents and will assume no responsibility therefor. The Trustee’s Internet Website shall be initially located at “w▇▇.▇▇▇▇▇▇▇.▇▇▇” or at such other address as shall be specified by the Trustee from time to time in writing to the Securityholders. In connection with providing access to the Trustee’s Internet Website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee shall not be liable for the dissemination of information in accordance with this Agreement.
(d) The Servicer will supply to enable the Company Trustee, at the time and in the manner required by applicable Treasury Regulations, for further distribution to perform its federal such Persons, and state income tax reporting obligationsto the extent, required by applicable Treasury Regulations information with respect to any “original issue discount” accruing on the Class C Notes and the Class D Notes.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day preceding the related Determination Date, the Servicer shall forward the Servicing Certificate and shall prepare and deliver to the Indenture Trustee and the Credit Enhancer, and the Indenture Trustee Trustee, pursuant to Section 3.26 of the Indenture Indenture, shall forward or cause to be forwarded by mail make a monthly statement available to each Certificateholder, each Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a . The monthly statement setting shall set forth the following information as to the Notes and Certificates, to the extent applicable:
(i) the aggregate amount of (a) Security Interest Collections with respect to the Notes and the Certificates, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections Collections, for the related Collection Period with respect to the Notes and the Certificatesperiod;
(ii) the amount of such distribution as principal to the Securityholders Noteholders of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect each Class of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment DateNotes;
(iii) the amount of such distribution as interest to the Securityholders Noteholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect each Class of overdue accrued interestNotes;
(iv) the Credit Enhancement Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursedsuch distribution to the Certificateholders;
(v) the aggregate Stated Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, Mortgage Loans as of the end of the preceding Collection Period and (d) all Due Period, the aggregate Stated Principal Balance of the fixed rate Mortgage Loans, and the aggregate Stated Principal Balance of the adjustable rate Mortgage Loans;
(vi) the number and aggregate Stated Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 119 days, 120-149 days and 180 or more 150-179 days, respectively and respectively, (b) that have the related Mortgaged Property of which has been foreclosed upon and (c) as to which the related Mortgaged Property has become REOREO Property, in each case as of the end of the preceding Collection Due Period; provided, however, that such information will shall not be provided on the statements relating to the first Payment Date;
(vii) the Weighted Average Net Mortgage Rate for the related Collection Period number and the Weighted Average Net Mortgage Rate for aggregate Stated Principal Balances of Land Loans (a) as to which the ________ LoansMonthly Payment is delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days and 150-179 days, respectively, (b) the _______Loans related Mortgaged Property of which has been foreclosed upon and (c) the _________ Loans for as to which the related Collection Mortgaged Property has become REO Property, in each case as of the end of the preceding Due Period; provided, however, that such information shall not be provided on the statements relating to the first Payment Date;
(viii) the Special Capital Distribution Amount and the Required Special Capital Distribution Amount, in each case as the end of the related Collection Period; and
(ix) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account;
(x) the aggregate Liquidation Loss Amounts and Substitution Adjustment Amounts with respect to the related Collection PeriodPayment Date, the amount distributed as principal to Noteholders in respect of any remaining Carryover Liquidation Loss Amount with respect to the Notes and Certificates, respectively, Amounts and the aggregate of the Liquidation Loss Amounts from all Collection Periods Payment Dates to date expressed as dollar amount and as a percentage of the sum of (a) the aggregate Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as Principal Balances of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool BalanceMortgage Loans;
(xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date;
(xiiix) the aggregate Principal Note Balance of each Class of Notes and the Certificate Balance of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiiix) the respective Security Percentage Interest applicable to each of the Notes and CertificatesSecurities, after application of payments made on such Payment Date; and;
(xi) the Overcollateralization Amount and the Required Overcollateralization Amount as of the Payment Date;
(xii) the weighted average of the Net Loan Rates for the Mortgage Loans for the related Due Period;
(xiii) any Deficiency Amount;
(xiv) the Twelve Month Loss Amount (minus the amount distributed pursuant to Section 3.05(a)(xiof any Recovery Amounts); and
(xv) of the Indenture on Rolling Three Month Delinquency Rate for such Payment DateDate and the two preceding Payment Dates. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate Certificate, as applicable, with a $1,000 25,000 denomination. If a Servicing Default shall occur, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee, and the Indenture Trustee, pursuant to Section 3.26 of the Indenture, shall forward or cause to be forwarded by mail to each Certificateholder, each Noteholder, the Depositor, the Credit Enhancer, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement to such effect, including the nature of such Servicing Default. Such statement may be included in, or separate from, the regular statement sent to Securityholders. The Indenture Trustee will make the monthly statement to Securityholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Securityholders, the Credit Enhancer, and other parties to this Agreement via the Indenture Trustee's internet website. The Indenture Trustee's internet website shall initially be located at "www.abs.bankone.com". Assistance ▇▇ ▇▇▇▇▇ ▇▇▇ ▇ebsite can be obtained by calling the customer service desk at (800) 524-9472. Parties that ar▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇ the above distribution options are entitled to have a paper copy mailed to them via first Class mail by calling the customer service desk and indicating such. The Indenture Trustee shall have the right to change the way the statements to Securityholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Indenture Trustee shall provide timely and adequate notification to all above parties regarding any such changes.
(b) [Reserved].
(c) The Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Custodial Account and deposited into the Note Payment Account and/or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be presumptively correct for all purposes hereunder hereunder, and the Owner Trustee and the Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s Issuer's written request, the Servicer shall promptly furnish such information reasonably requested by the Company Issuer that is reasonably available to the Servicer to enable the Company Issuer to perform its federal and state income tax reporting obligations.
(d) On or before 2:00 P.M. New York time on each Business Day immediately preceding each Payment Date, the Servicer shall either (i) deposit in the Note Payment Account from its own funds, or funds received therefor from the Subservicers, an amount equal to the Advances to be made by the Servicer in respect of the related Payment Date, which shall be in an aggregate amount equal to the aggregate amount of Monthly Payments (with each interest portion thereof adjusted to the Net Loan Rate), less the amount of any related Servicing Modifications, Debt Service Reductions or reductions in the amount of interest collectable from the Mortgagor pursuant to the Soldiers' and Sailors' Civil Relief Act of 1940, as amended, on the Mortgage Loans outstanding as of the related Due Date, which Monthly Payments were delinquent as of the close of business as of the related Determination Date; provided that no Advance shall be made if it would be a Nonrecoverable Advance, (ii) withdraw from amounts on deposit in the Custodial Account and deposit in the Note Payment Account all or a portion of the Amount Held for Future Distribution in discharge of any such Advance, or (iii) make advances in the form of any combination of (i) and (ii) aggregating the amount of such Advance. Any portion of the Amount Held for Future Distribution so used shall be replaced by the Servicer by deposit in the Note Payment Account on or before 11:00 A.M. New York time on any future Business Day immediately preceding each Payment Date to the extent that funds attributable to the Mortgage Loans that are available in the Custodial Account for deposit in the Note Payment Account on such Payment Date shall be less than payments to Securityholders required to be made on the following Payment Date. Such allocations shall be conclusive for purposes of reimbursement to the Servicer from recoveries on related Mortgage Loans pursuant to Section 3.10(a). The determination by the Servicer that it has made a Nonrecoverable Advance or that any proposed Advance, if made, would constitute a Nonrecoverable Advance, shall be evidenced by an Officers' Certificate of the Servicer delivered to the Depositor and the Indenture Trustee. If the Servicer determines as of the Business Day preceding any Note Payment Account Deposit Date that it will be unable to deposit in the Note Payment Account an amount equal to the Advance required to be made for the immediately succeeding Payment Date, it shall give notice to the Trustee of its inability to advance (such notice may be given by telecopy), not later than 3:00 P.M., New York time, on such Business Day, specifying the portion of such amount that it will be unable to deposit. Not later than 3:00 P.M., New York time, on the Note Payment Account Deposit Date the Trustee shall, unless by 12:00 Noon, New York time, on such day the Indenture Trustee shall have been notified in writing (by telecopy) that the Servicer shall have directly or indirectly deposited in the Note Payment Account such portion of the amount of the Advance as to which the Servicer shall have given notice pursuant to the preceding sentence, pursuant to Section 7.01, (a) terminate all of the rights and obligations of the Servicer under this Agreement in accordance with Section 7.01 and (b) assume the obligations of the Servicer hereunder, including the obligation to deposit in the Note Payment Account an amount equal to the Advance for the immediately succeeding Payment Date and such other rights and obligations set forth in Section 7.02 hereof. The Indenture Trustee shall deposit all funds it receives pursuant to this Section 4.01 into the Note Payment Account.
Appears in 1 contract
Sources: Servicing Agreement (Residential Asset Mortgage Prod Inc Gmacm Mor Ln Tr 2003-Gh1)
Statements to Securityholders. (a) With respect to On each Payment Distribution Date, the Servicer shall forward to (i) the Indenture Trustee shall include with each distribution to each Noteholder of record as of the related Record Date and (ii) the Indenture Owner Trustee shall include with each distribution to each Certificateholder of record as of the related Record Date a statement, prepared by the Master Servicer, based on the information in the Distribution Date Statement furnished pursuant to Section 3.26 of the Indenture shall forward or cause to be forwarded by mail to each Certificateholder4.09, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement setting forth for such Distribution Date the following information as to of the Notes and Certificatesrelated Record Date or such Distribution Date, to as the extent applicablecase may be:
(i) the aggregate amount of such distribution allocable to principal (a) Security Interest Collections with respect to the Notes and the Certificates, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections stated separately for the related Collection Period with respect to the Notes and the Certificateseach Class of Notes);
(ii) the amount of such distribution allocable to the Securityholders interest (stated separately for each Class of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment DateNotes);
(iii) the amount Interest Distributable Amount for each Class of such distribution to the Securityholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect of overdue accrued interestNotes;
(iv) the Credit Enhancement Draw Amount, if any, for amount of any Interest Carryover Shortfall on such Payment Distribution Date and the aggregate amount of prior draws thereunder not yet reimbursedchange in such amounts from those with respect to the immediately preceding Distribution Date;
(v) the aggregate Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, as amount of the end of Servicing Fee paid to the preceding Master Servicer with respect to the related Collection Period and (d) all of the Mortgage LoansPeriod;
(vi) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 days and 180 or more days, respectively and (b) that have become REO, in each case as of the end of the preceding Collection Period; provided, however, that such information will not be provided on the statements relating to the first Payment Date;
(vii) the Weighted Average Aggregate Net Mortgage Rate for the related Collection Period and the Weighted Average Net Mortgage Rate for (a) the ________ Loans, (b) the _______Loans and (c) the _________ Loans Liquidation Losses for the related Collection Period;
(vii) the aggregate Principal Balance of Delinquent Contracts as of the close of business on the last day of such Collection Period;
(viii) the Special Capital Distribution Amount and the Required Special Capital Distribution Amount, in each case Aggregate Principal Balance as the end of the related close of business on the last day of such Collection Period; and;
(ix) the aggregate principal amount of Additional Loans acquired during the previous Collection Period with amounts in respect each Class of Net Principal Collections from the Funding AccountNotes as of such Distribution Date, after giving effect to payments allocated to principal reported under clause (i) above;
(x) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any remaining Carryover Loss Amount with respect to the Notes and Certificates, respectively, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as a percentage of the sum of (a) the Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool BalanceCertificate Distributable Amount;
(xi) any unpaid interest the amount on deposit in the Notes and Certificates, respectivelySpread Account on such Distribution Date, after giving effect to distributions made on such Distribution Date, and the change in such balance from the immediately preceding Distribution Date;
(xii) the aggregate Overcollateralization Amount and the amount by which the Aggregate Principal Balance of each Class of Notes and exceeds the Outstanding Amount of the Certificates Notes (after giving effect to any payments made to Holders of the distribution of principal Notes on such Payment that Distribution Date);
(xiii) the respective Security Percentage applicable disposition amounts withdrawn from the Spread Account, including the amounts used to increase the level of overcollateralization to the Notes Overcollateralization Amount, and Certificatesthe Excess Spread Amount, after application of payments made on if any, for such Payment Distribution Date; and;
(xiv) the amount distributed pursuant of Net Collections;
(xv) during the Pre-Funding Period, the amount, if any, withdrawn from the Pre-Funding Account to Section 3.05(a)(xipurchase Subsequent Contracts during the Pre-Funding Period; and
(xvi) for the first Distribution Date immediately following the end of the Indenture on such Payment DatePre-Funding Period, the Remaining Pre-Funding Amount, if any, as of the close of business of the last day of the related Collection Period. In the case of information furnished Each amount set forth pursuant to clauses (i), (ii), (iv) and (iiiv) above, the amounts above shall be expressed in the aggregate and as an aggregate a dollar amount per Note or Certificate with $1,000.00 original principal amount of a $1,000 denomination. Prior to Note.
(b) Within a reasonable period of time after the close end of business on each calendar year, but not later than the Business Day next succeeding each Determination Datelatest date permitted by law, the Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting shall mail to each Person who at any time during such calendar year shall have been a Holder of a Note a statement or statements, prepared by the Master Servicer, which in the aggregate contain the sum of the amounts set forth in clauses (i) all the foregoing information), (ii), (iv) the aggregate amounts required to be withdrawn from the Collection Account and deposited into the Payment Account on the Business Day preceding the Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(bv) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture. The determination by the Servicer of above for such amounts shallcalendar year or, in the absence event such Person shall have been a Holder of obvious errora Note during a portion of such calendar year, be presumptively deemed to be correct for all the applicable portion of such year, for the purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verificationof such Noteholder's preparation of federal income tax returns. In addition, upon the Company’s written request, the Master Servicer shall promptly furnish information reasonably requested by the Company that is reasonably available to the Servicer Indenture Trustee for distribution to enable such Person at such time any other information necessary under applicable law for the Company to perform its federal and state preparation of such income tax reporting obligationsreturns.
Appears in 1 contract
Sources: Sale and Servicing Agreement (WFS Financial 2005-2 Owner Trust)
Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Master Servicer shall forward to the Indenture Trustee and the Indenture Trustee pursuant to Section 3.26 of the Indenture shall forward or cause to be forwarded by mail or otherwise make available electronically at www.jpmorgan.com/sfr to each Certificateholder, Noteholder, the Credit EnhancerE▇▇▇▇▇▇▇, the Depositor▇▇▇ ▇▇▇▇▇▇tor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement setting forth the following information (the "Servicing Certificate") as to the Notes and Certificates, to the extent applicable:
(i) the applicable Record Date, Determination Date and Payment Date;
(ii) the aggregate amount of payments received with respect to the Home Equity Loans, including prepayment amounts;
(iii) the Servicing Fee and Subservicing Fee payable to the Master Servicer and the Subservicer;
(iv) the amount of any other fees or expenses paid, and the identity of the party receiving such fees or expenses;
(v) the aggregate amount of (a) Security Interest Collections with respect to the Notes and the CertificatesCollections, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections Substitution Adjustment Amounts for the related such Collection Period with respect to the Notes and the CertificatesPeriod;
(iivi) the amount of such distribution paid as principal to the Securityholders Noteholders of each Class of Notes;
(vii) the Notes and amount paid as interest to the Certificates applied to reduce the principal balance thereof and Noteholders of each Class of Notes, separately stating the portion thereof in respect of Prepayment Interest Shortfalls, Relief Act Shortfalls or Net WAC Cap Shortfalls, if any;
(viii) the Accelerated Principal aggregate Interest Distribution Amount and remaining unpaid, if any, for each Class of Notes, after giving effect to the amount to be deposited in the Funding Account payments made on such Payment Date;
(iiiix) [Reserved];
(x) the amount of such distribution to any draw on the Securityholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect of overdue accrued interest;
(iv) the Credit Enhancement Draw Amount, if any, Policy for such Payment Date Date, the amount paid to the Credit Enhancer in reimbursement for prior draws and the aggregate amount of prior draws thereunder under the Policy not yet reimbursed;
(vxi) the amount of such distribution as principal and interest to the Certificateholders of the Certificates, separately stating the portion thereof which resulted in a reduction of the Certificate Loan Balance thereof;
(xii) the aggregate Principal Loan Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, Home Equity Loans as of the end of the preceding Collection Period and (d) all of the Mortgage LoansPeriod;
(vixiii) the aggregate amount of Additional Balances on the Home Equity Loans created during the previous Collection Period conveyed to the Issuer;
(xiv) the number and aggregate Principal Loan Balances of Mortgage Home Equity Loans (a) as to which the Minimum Monthly Payment is delinquent Delinquent for 30-59 days, 60-89 days, 90-179 days and 180 90 or more days, respectively respectively, (b) that are foreclosed and (bc) that have become REO, in each case as of the end of the preceding related Collection Period; provided, however, that such information will not be provided on the statements relating to the first Payment Date;
(viixv) the Weighted Average Net Mortgage Note Rate for the related Collection Period and the Weighted Average Net Mortgage WAC Rate for (a) the ________ Loans, (b) the _______Loans and (c) the _________ Loans for the related Collection Period;
(viii) the Special Capital Distribution Amount and the Required Special Capital Distribution Amount, in each case as the end of the related Collection Period; and
(ix) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account;
(xxvi) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any remaining Carryover Liquidation Loss Amount Distribution Amounts with respect to the Notes and Certificates, respectivelyNotes, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollars and as a percentage of the sum of (a) the aggregate Cut-Off off Date Pool Balance and (b) the amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool Loan Balance;
(xixvii) any unpaid interest on the Notes aggregate Bankruptcy Losses and Certificates, respectively, after losses caused by or resulting from an Extraordinary Event with respect to the related Collection Period and the aggregate of each of such Distribution Datelosses from all Collection Periods to date;
(xiixviii) the aggregate Principal Security Balance of each Class of Notes and the Certificate Principal Balance of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiiixix) the respective Security Percentage applicable to aggregate Servicing Fees for the Notes related Collection Period and Certificatesthe aggregate amount of Draws for the related Collection Period;
(xx) the number and amount of any increases in the Credit Limits of the Home Equity Loans during the related Collection Period;
(xxi) the Overcollateralization Amount, after application of payments made on the Undercollateralization Amount and the Required Overcollateralization Amount immediately following such Payment Date; and
(xivxxii) any material modifications, extensions or waivers to the terms of the Home Equity Loans during the Collection Period or that have cumulatively become material over time;
(xxiii) any material breaches of Home Equity Loan representations or warranties or covenants in the Purchase Agreement;
(xxiv) the number and principal amount distributed of release agreements pursuant to Section 3.05(a)(xi3.05(c) entered into during the calendar year and since the Closing Date, stated separately, for the Home Equity Loans and, the aggregate outstanding principal amount of such release agreements expressed as a percentage of the Indenture on such Payment DatePool Balance with information provided separately with respect to all Unsecured Loans and (2) the number and principal amount of Capitalization Workouts pursuant to Section 3.02(a)(v) entered into during the calendar year and since the Closing Date and the aggregate outstanding amount of the Capitalization Workouts expressed as a percentage of the Pool Balance; and
(xxv) the calculation of any Servicing Trigger or Trigger Event. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Variable Funding Note, Term Note or Certificate Certificate, as applicable, with a $1,000 denomination. If an Amortization Event or Servicing Default shall occur, on the Business Day following the related Determination Date, the Master Servicer shall forward to the Indenture Trustee, a statement of such effect, including the nature of such Amortization Event or Servicing Default. The Indenture Trustee shall deliver or cause to be delivered by mail to the Credit Enhancer notice of such Amortization Event or Servicing Default, including, the nature thereof. Such statement may be included in, or separate from, the regular statement to Securityholders. In addition, the Master Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Master Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Custodial Account and deposited into the Payment Account on the Business Day preceding the related Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture3.03. The determination by the Master Servicer of such amounts shall, in the absence of obvious error, shall be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s Issuer's written request, the Master Servicer shall promptly furnish information reasonably requested by the Company Issuer that is reasonably available to the Master Servicer to enable the Company Issuer to perform its federal and state income tax reporting obligations.
Appears in 1 contract
Sources: Servicing Agreement (Home Equity Loan Trust 2006-Hsa3)
Statements to Securityholders. (ae) With respect to each Payment Date, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee and the Loan information reasonably available to the Servicer with respect to the Loans as the Indenture Trustee may reasonably request in order for the Indenture Trustee to perform the calculations necessary to prepare the statements contemplated by this Section 4.01 (the “Servicing Certificate”). The Indenture Trustee pursuant to Section 3.26 3.23 of the Indenture shall forward or cause to be forwarded by mail to each Certificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement setting forth the following information as to the Notes and Certificates, to the extent applicable:
(i) the aggregate amount of (a) Security Interest Collections with respect to the Notes and the CertificatesRemittance Amount, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates Remittance Amount and (c) Security Collections for the related Collection Period with respect to the Notes and the CertificatesSubstitution Amounts;
(ii) the amount of such distribution as principal to the Securityholders of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment DateNoteholders;
(iii) the amount of such distribution as interest to the Securityholders of the Notes and the Certificates allocable to interest and Noteholders, separately stating the portion thereof in respect of overdue accrued interest;
(iv) the Credit Enhancement Draw Amount, if any, for such Payment Date number and the aggregate amount of prior draws thereunder not yet reimbursed;
(v) the aggregate Principal Aggregate Loan Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, Loans as of the end of the preceding related Collection Period and (d) all of the Mortgage LoansPeriod;
(viv) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum (i) one Monthly Payment is delinquent for 30-59 daysDelinquent, 60-89 days, 90-179 days and 180 (ii) two Monthly Payments are Delinquent or (iii) three or more daysMonthly Payments are Delinquent, respectively and (b) that are foreclosed, (c) that have become REO, and (d) that have been finally liquidated due to being 180 days or more delinquent, in each case as of the end of the preceding related Collection Period; provided, however, that such information will not be provided on the statements relating to the first Payment Date;
(viivi) the Weighted Average Net number, average balance, weighted average remaining term to maturity and weighted average Loan Rate of the Mortgage Rate for the related Collection Period and the Weighted Average Net Mortgage Rate for (a) the ________ Loans, (b) the _______Loans and (c) the _________ Loans for the related Collection Period;
(viii) the Special Capital Distribution Amount and the Required Special Capital Distribution Amount, in each case as the end of the related Collection Period; and
(ix) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account;
(x) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any remaining Carryover Loss Amount with respect to the Notes and Certificates, respectively, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as a percentage of the sum of (a) the Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool Balance;
(xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Due Date;
(xiivii) the aggregate Class Principal Balance of each Class of Notes and of the Certificates after giving effect to the distribution of principal on such Payment Date;
(viii) the Certificate Distribution Amount immediately following such Payment Date;
(ix) the aggregate Servicing Fees for the related Collection Period;
(x) the Overcollateralization Amount and the Targeted Overcollateralization Amount immediately following such Payment Date;
(xi) the number and principal amount of Capitalization Workouts pursuant to Section 3.02(a)(v) entered into since the Closing Date;
(xii) the aggregate amount recovered during the related Collection Period consisting of all subsequent recoveries on any Loan that was 180 days or more delinquent;
(xiii) the respective Security Percentage applicable to related Basis Risk Shortfall for the Class A, Class M-1 and Class B-1 Notes and Certificates, after application of payments made the Available Funds Shortfall for the Class B-2 Notes on such each Payment Date; and;
(xiv) the applicable record dates, accrual periods and determination dates for determining distributions and general Payment Dates;
(xv) the total cash flows received and the general sources thereof;
(xvi) the Note Rate for each Class of Notes;
(xvii) the aggregate amount distributed pursuant to Section 3.05(a)(xi) of Advances for the Indenture related Due Period (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances at the close of business on such the Payment Date, and the general source of funds for reimbursements;
(xviii) the aggregate amount of Realized Losses incurred during the related Due Period and the cumulative amount of Realized Losses;
(xix) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time; and
(xx) information about any additions of, substitutions for or removal of any Mortgage Loans from the Trust Fund, and any changes in the underwriting, acquisition or selection criteria as to any Mortgage Loans added to the Trust Fund. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate Certificate, as applicable, with a $1,000 denomination. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Account and deposited into the Payment Account on the Business Day preceding the Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s written request, the Servicer shall promptly furnish information reasonably requested by the Company that is reasonably available to the Servicer to enable the Company to perform its federal and state income tax reporting obligations.
Appears in 1 contract
Sources: Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Statements to Securityholders. (a) With respect to each Payment Date, on the related Determination Date, the Servicer shall forward to the Indenture Trustee and the Indenture Trustee pursuant to Section 3.26 of the Indenture monthly Servicing Reports in a mutually agreeable electronic format. The Servicing Reports shall forward or cause to be forwarded by mail to each Certificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement setting set forth the following information as to the Notes and Certificates, to the extent applicable:
(i) the aggregate amount of (a) Security Interest Collections with respect to the Notes and the CertificatesCollections, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and Collections, (c) Security Collections for the related Collection Period with respect to the Notes Substitution Adjustment Amounts and the Certificates(d) Investor P&I Collections;
(ii) the amount of such distribution to the Securityholders of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment Date;
(iii) the amount of such distribution to the Securityholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect of overdue accrued interest;
(iv) the Credit Enhancement Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursed;
(v) the aggregate Principal Balance of (a) the ________ Loans, (b) aggregate Loan Balance of the ______ Loans, (c) the _________ Loans, Home Equity Loans as of the end of the preceding Collection Period Period, (b) the Investor Amount, (c) the aggregate Loan Balance of the Mortgage and (d) all the aggregate Loan Balance of the Mortgage LoansRevolving Credit;
(viiii) with respect to the Revolving Credit Loans, the aggregate amount of Additional Balances created during the previous Collection Period conveyed to the Issuer;
(iv) the number and aggregate Principal Loan Balances of Mortgage Home Equity Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 days and 180 90 or more days, respectively respectively, (b) that are foreclosed and (bc) that have become REO, in each case as of the end of the preceding Collection Period; provided, however, that such information will not be provided on the statements relating to the first Payment Date;
(vii) the Weighted Average Net Mortgage Rate for the related Collection Period and the Weighted Average Net Mortgage Rate for (a) the ________ Loans, (b) the _______Loans and (c) the _________ Loans for the related Collection Period;
(viii) the Special Capital Distribution Amount and the Required Special Capital Distribution Amount, in each case as the end of the related Collection Period; and
(ix) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account;
(xv) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any remaining Carryover Liquidation Loss Amount Distribution Amounts with respect to the Notes and Certificates, respectivelyNotes, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollars and as a percentage of the sum of (a) the aggregate Cut-Off off Date Pool Balance and (b) the amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool Loan Balance;
(xivi) any unpaid interest on the Notes aggregate Servicing Fees for the related Collection Period and Certificates, respectively, after such Distribution Datethe aggregate amount of Draws for the related Collection Period;
(xiivii) the aggregate outstanding principal balance of the three Home Equity Loans having the largest outstanding principal balances or Credit Limits, as applicable for the related Collection Period;
(viii) the number and aggregate outstanding principal balances of the Home Equity Loans which are 180 or more days delinquent in the payment of all or any portion of the scheduled interest or principal for the related Collection Period;
(ix) the 60+ Delinquency Percentage (Rolling Six Month) for the related Collection Period;
(x) the number and the aggregate Loan Balances of Liquidated Home Equity Loans for the related Collection Period; and
(xi) the number and the aggregate Loan Balances of Home Equity Loans having an outstanding principal balance (or any other amounts owing but otherwise unpaid) as of or following the final maturity date as set forth in the Related Documents respecting such Home Equity Loans. The Indenture Trustee pursuant to Section 3.26 of the Indenture shall prepare its monthly Statement based solely on the information contained in the Servicing Reports and shall make available such statements to each Certificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency. The Indenture Trustee may conclusively rely on the correctness of the information contained in the Servicing Reports, without independent verification thereof. The Statements to Securityholders shall contain the information in the Servicing Report and the following information:
(i) the amount of such distribution as principal to the Noteholders;
(ii) the amount of such distribution as interest to the Noteholders, separately stating the portion thereof in respect of overdue accrued interest;
(iii) the amount of any Credit Enhancement Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursed;
(iv) the amount of such distribution as principal and interest to the Certificateholders of the Certificates, separately stating the portion thereof which resulted in a reduction of the Certificate Principal Balance thereof;
(v) the weighted average Net Loan Rate for the related Collection Period;
(vi) the Note Balance of each Class of Notes and the Certificate Principal Balance of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiii) the respective Security Percentage applicable to the Notes and Certificates, after application of payments made on such Payment Date; and
(xivvii) the amount distributed pursuant to Section 3.05(a)(xi) of Required Overcollateralization Amount for the Indenture on such related Payment Date. In the case of information furnished pursuant to clauses (iii) and (iiiii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate Certificate, as applicable, with a $1,000 denomination. The Indenture Trustee will make the monthly statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Noteholders and the Certificateholders and offer parties described in the second preceding paragraph via the Indenture Trustee's internet website. The Indenture Trustee's internet website shall initially be located at "▇▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can be obtained by calling the Indenture Trustee's customer service desk at (301) 815-6600. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Indenture Trustee shall have the right to change the way monthly Statements are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders and the Certificateholders and the Indenture Trustee shall provide timely and adequate notification to all the Noteholders and the Certificateholders regarding any such changes. The Indenture Trustee shall deliver to the Credit Enhancer a paper copy of such monthly statements. In addition, the Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Account and deposited into the Payment Account on the Business Day preceding the Payment such Determination Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee Certificate Paying Agent and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s Issuer's written request, the Servicer shall promptly furnish information reasonably requested by the Company Issuer that is reasonably available to the Servicer to enable the Company Issuer to perform its federal and state income tax reporting obligations.
Appears in 1 contract
Sources: Servicing Agreement (Morgan Stanley Abs Capital I Inc MSDWCC Heloc Trust 2003-1)
Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date the Master Servicer shall forward to the Indenture Trustee and the Indenture Trustee pursuant to Section 3.26 of the Indenture shall forward or cause to be forwarded by mail to each Certificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement setting forth the following information as to the Notes and Certificates, to the extent applicable:
(i) the aggregate amount of (a) Security Interest Collections with respect to the Notes and the CertificatesCollections, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections for the related Collection Period with respect to the Notes and the CertificatesSubstitution Adjustment Amounts;
(ii) the amount of such distribution as principal to the Securityholders of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment DateNoteholders;
(iii) the amount of such distribution as interest to the Securityholders of the Notes and the Certificates allocable to interest and Noteholders, separately stating the portion thereof in respect of overdue accrued interest;
(iv) the amount of any Credit Enhancement Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursed;
(v) the aggregate amount of such distribution as principal and interest to the Certificateholders of the Certificates, separately stating the portion thereof which resulted in a reduction of the Certificate Principal Balance of thereof;
(avi) the ________ Loans, (b) aggregate Loan Balance of the ______ Loans, (c) the _________ Loans, Revolving Credit Loans as of the end of the preceding Collection Period and (d) all of the Mortgage LoansPeriod;
(vivii) the number and aggregate Principal Loan Balances of Mortgage Revolving Credit Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 days and 180 90 or more days, respectively respectively, (b) that are foreclosed and (bc) that have become REO, in each case as of the end of the preceding Collection Period; provided, however, that such information will not be provided on the statements relating to the first Payment Date;
(viiviii) the Weighted Average weighted average Net Mortgage Loan Rate for the related Collection Period and the Weighted Average Net Mortgage Rate for (a) the ________ Loans, (b) the _______Loans and (c) the _________ Loans for the related Collection Period;
(viii) the Special Capital Distribution Amount and the Required Special Capital Distribution Amount, in each case as the end of the related Collection Period; and
(ix) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account;
(x) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any remaining Carryover Liquidation Loss Amount Distribution Amounts with respect to the Notes and Certificates, respectivelyNotes, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollars and as a percentage of the sum of (a) the aggregate Cut-Off off Date Pool Balance and (b) the amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool Loan Balance;
(x) the aggregate Excess Loss Amounts with respect to the related Collection Period and the aggregate of the Excess Loss Amounts from all Collection Periods to date; [NY01B:316703.2] 16069-00394 03/27/97 10:57am 19
(xi) any unpaid interest on the Notes aggregate Special Hazard Losses, Fraud Losses, Bankruptcy Losses and Certificates, respectively, after losses caused by or resulting from an Extraordinary Event with respect to the related Collection Period and the aggregate of each of such Distribution Datelosses from all Collection Periods to date;
(xii) the aggregate Principal Note Balance of each Class of Notes and the Certificate Principal Balance of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiii) the respective Security Percentage applicable to aggregate Servicing Fees for the Notes related Collection Period and Certificates, after application the aggregate amount of payments made on such Payment DateDraws for the related Collection Period; and
(xiv) the amount distributed pursuant to Section 3.05(a)(xi) of Outstanding Reserve Amount, the Indenture on Special Hazard Amount, the Fraud Loss Amount, the Bankruptcy Loss Amount and the Reserve Amount Target immediately following such Payment Date. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Variable Funding Note, Term Note or Certificate Certificate, as applicable, with a $1,000 denomination. In addition the Master Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Master Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Custodial Account and deposited into the Payment Account on the Business Day preceding the related Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture3.03. The determination by the Master Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s Issuer's written request, the Master Servicer shall promptly furnish information reasonably requested by the Company Issuer that is reasonably available to the Master Servicer to enable the Company Issuer to perform its federal and state income tax reporting obligations.
Appears in 1 contract
Sources: Servicing Agreement (Residential Funding Mortgage Securities Ii Inc)
Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee and the Indenture Trustee pursuant to Section Sections 3.26 and [___] of the Indenture shall forward or cause to be forwarded by mail or otherwise make available electronically at www.[__________].[___] to each Certificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement setting forth the following information (the “Servicing Certificate”) as to the Notes and Certificates, to the extent applicable:
(i) the applicable Record Date, Determination Date and Payment Date;
(ii) the aggregate amount of payments received with respect to the Mortgage Loans, including prepayment amounts;
(iii) the Servicing Fee payable to the Servicer;
(iv) the amount of any other fees or expenses paid, and the identity of the party receiving such fees or expenses;
(v) the aggregate amount of (a) Security Interest Collections with respect to the Notes and the CertificatesCollections, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and Collections, (c) Security Collections Substitution Adjustment Amounts and (d) Excess Spread, for the related Collection Period with respect to the Notes and the CertificatesPeriod;
(iivi) the amount of such distribution paid as principal to the Securityholders Noteholders of each Class of Notes;
(vii) the amount paid as interest to the Noteholders of each Class of Notes, the amount of any Relief Act Shortfalls for the related Payment Date;
(viii) the aggregate amount of interest remaining unpaid, if any, for each of the Notes and Notes, after giving effect to the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account payments made on such Payment Date;
(iiiix) the amount of such distribution as principal and interest to the Securityholders Certificateholders of the Notes and the Certificates allocable to interest and Certificates, separately stating the portion thereof which resulted in respect a reduction of overdue accrued interestthe Certificate Balance thereof;
(iv) the Credit Enhancement Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursed;
(vx) the aggregate Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, Mortgage Loans as of the end of the preceding related Collection Period and (d) all of the Mortgage LoansPeriod;
(vixi) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days, 150-179 days and greater than 180 or more days, respectively and respectively, (b) that have the related Mortgaged Property of which has been foreclosed upon and (c) as to which the related Mortgaged Property has become REOREO Property, in each case as of the end of the preceding related Collection Period; provided, however, that such information will shall not be provided on the statements relating to the first Payment Date;
(viixii) the Weighted Average Net number and aggregate Principal Balance of Mortgage Rate for Loans repurchased pursuant to Section 3.15(a) herein during the related Collection Period and the Weighted Average Net Mortgage Rate for Period;
(axiii) the ________ Loans, (b) the _______Loans and (c) the _________ Loans Net WAC Rate for the related Collection Period;
(viii) the Special Capital Distribution Amount and the Required Special Capital Distribution Amount, in each case as the end of the related Collection Period; and
(ix) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account;
(xxiv) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount distributed as principal to Noteholders in respect of any remaining Carryover Liquidation Loss Amount with respect to the Notes and Certificates, respectively, Amounts and the aggregate of the Liquidation Loss Amounts (minus any Subsequent Net Recovery Amounts) from all Collection Periods to date expressed as dollar amount and as a percentage of the sum of (a) the aggregate Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as Principal Balances of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool BalanceMortgage Loans;
(xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date;
(xiixv) the aggregate Principal Note Balance of each Class of Notes and the Certificate Balance of the each Class of Certificates after giving effect to the distribution of principal on such Payment Date;
(xiiixvi) the respective Security Percentage Interest applicable to each of the Notes and CertificatesSecurities, after application of payments made on such Payment Date; and
(xivxvii) the amount distributed pursuant to Section 3.05(a)(xi) Overcollateralization Amount as of the Indenture on such Payment Dateend of the related Collection Period. In the case of information furnished pursuant to clauses (iivi) and (iiivii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate Certificate, as applicable, with a $1,000 denomination25,000 denomination per Note and with a denomination equal to a 100% Percentage Interest per Certificate. If a Servicing Default shall occur, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee a statement to such effect, including the nature of such Servicing Default. The Indenture Trustee, pursuant to Sections 3.26 and [___] of the Indenture, shall deliver or cause to be delivered by mail to each Certificateholder, each Noteholder, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, notice of such Servicing Default, including the nature thereof. Such statement may be included in, or separate from, the regular statement made available to Securityholders. The Indenture Trustee will make the Servicing Certificate (and, at its option, any additional files containing the same information in an alternative format) available each month to Securityholders, and other parties to this Agreement via the Indenture Trustee’s internet website. The Indenture Trustee’s internet website shall initially be located at “www.[________].[___].” Assistance in using the website can be obtained by calling the Indenture Trustee’s customer service desk at ([___]) [___]-[____]. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Indenture Trustee shall have the right to change the way the statements to Securityholders are distributed in order to make such distribution more convenient or more accessible to the above parties and the Indenture Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The Indenture Trustee may require registration and the acceptance of a disclaimer in connection with access to its website.
(b) The Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Custodial Account and deposited into the Note Payment Account or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be presumptively correct for all purposes hereunder hereunder, and the Owner Trustee and the Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the CompanyIssuer’s written request, the Servicer shall promptly furnish such information reasonably requested by the Company Issuer that is reasonably available to the Servicer to enable the Company Issuer to perform its federal and state income tax reporting obligations.
Appears in 1 contract
Sources: Servicing Agreement (Phoenix Residential Securities, LLC)
Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Master Servicer shall forward to the Indenture Trustee and the Indenture Trustee pursuant to Section 3.26 of the Indenture shall forward or cause to be forwarded by mail or otherwise make available electronically at www.jpmorgan.com/sfr to each Certificateholder, Noteholder, the Credit Enhancer▇▇▇▇▇▇▇▇, the Depositor▇▇▇ ▇▇▇▇▇itor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement setting forth the following information (the "Servicing Certificate") as to the Notes and Certificates, to the extent applicable:
(i) the applicable Record Date, Determination Date and Payment Date;
(ii) the aggregate amount of payments received with respect to the Home Equity Loans, including prepayment amounts;
(iii) the Servicing Fee and Subservicing Fee payable to the Master Servicer and the Subservicer;
(iv) the amount of any other fees or expenses paid, and the identity of the party receiving such fees or expenses;
(v) for each of Loan Group I and Loan Group II, the aggregate amount of (a) Security Interest Collections with respect to the Notes and the CertificatesCollections, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections Substitution Adjustment Amounts for the related such Collection Period with respect to the Notes and the CertificatesPeriod;
(iivi) the amount of such distribution paid as principal to the Securityholders Noteholders of each Class of Notes;
(vii) for each of Loan Group I and Loan Group II, the Notes and amount paid as interest to the Certificates applied to reduce the principal balance thereof and Noteholders of each Class of Notes, separately stating the portion thereof in respect of Prepayment Interest Shortfalls, Relief Act Shortfalls, Group I Net WAC Cap Shortfalls or Group II Net WAC Cap Shortfalls, if any;
(viii) for each of Loan Group I and Loan Group II, the Accelerated Principal aggregate Interest Distribution Amount remaining unpaid, if any, for each Class of Class I Notes and Class II Notes, after giving effect to the amount to be deposited in the Funding Account payments made on such Payment Date;
(iiiix) [Reserved];
(x) the amount of such distribution to any draw on the Securityholders of Group I Policy or the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect of overdue accrued interest;
(iv) the Credit Enhancement Draw Amount, if any, Group II Policy for such Payment Date Date, the amount paid to the Credit Enhancer in reimbursement for prior draws and the aggregate amount of prior draws thereunder under the Policies not yet reimbursed;
(vxi) for each of Loan Group I and Loan Group II, the amount of such distribution as principal and interest to the Certificateholders of the Certificates, separately stating the portion thereof which resulted in a reduction of the Certificate Loan Balance thereof;
(xii) the aggregate Principal Loan Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, Home Equity Loans in each Loan Group as of the end of the preceding Collection Period and (d) all of the Mortgage LoansPeriod;
(vixiii) the aggregate amount of Additional Balances on the Group II Loans created during the previous Collection Period conveyed to the Issuer;
(xiv) for each of Loan Group I and Loan Group II, the number and aggregate Principal Loan Balances of Mortgage Home Equity Loans (a) as to which the Minimum Monthly Payment is delinquent Delinquent for 30-59 days, 60-89 days, 90-179 days and 180 90 or more days, respectively respectively, (b) that are foreclosed and (bc) that have become REO, in each case as of the end of the preceding related Collection Period; provided, however, that such information will not be provided on the statements relating to the first Payment Date;
(viixv) the Weighted Average Net Mortgage Note Rate for each Class of Class I Notes and Class II Notes, the related Collection Period Group I Net WAC Rate and the Weighted Average Group II Net Mortgage WAC Rate for (a) the ________ Loans, (b) the _______Loans and (c) the _________ Loans for the related Collection Period;
(viiixvi) the Special Capital Distribution Amount for each of Loan Group I and the Required Special Capital Distribution AmountLoan Group II, in each case as the end of the related Collection Period; and
(ix) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account;
(x) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any remaining Carryover Liquidation Loss Amount Distribution Amounts with respect to the Notes and Certificates, respectivelyNotes, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollars and as a percentage of the sum of (a) the aggregate Cut-Off off Date Pool Loan Balance and (b) the amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool Balancefor such Loan Group;
(xixvii) any unpaid interest on for each Loan Group, the Notes aggregate Bankruptcy Losses and Certificates, respectively, after losses caused by or resulting from an Extraordinary Event with respect to the related Collection Period and the aggregate of each of such Distribution Datelosses from all Collection Periods to date;
(xiixviii) for each of Loan Group I and Loan Group II, the aggregate Principal Security Balance of each related Class of Notes and the Certificate Principal Balance of the related Certificates after giving effect to the distribution of principal on such Payment Date;
(xiiixix) the respective Security Percentage applicable to aggregate Servicing Fees for the Notes related Collection Period and Certificatesthe aggregate amount of Draws for the related Collection Period;
(xx) the number and amount of any increases in the Credit Limits of the Home Equity Loans during the related Collection Period;
(xxi) the Group I Overcollateralization Amount, after application of payments made on the Group II Overcollateralization Amount, the Undercollateralization Amount, the Group I Required Overcollateralization Amount immediately following such Payment Date and the Group II Required Overcollateralization Amount immediately following such Payment Date; and
(xivxxii) any material modifications, extensions or waivers to the terms of the Home Equity Loans during the Collection Period or that have cumulatively become material over time;
(xxiii) any material breaches of Home Equity Loan representations or warranties or covenants in the Purchase Agreement;
(xxiv) the number and principal amount distributed of release agreements pursuant to Section 3.05(a)(xi3.05(c) entered into during the calendar year and since the Closing Date, stated separately, for the Group II Loans and, the aggregate outstanding principal amount of such release agreements expressed as a percentage of the Indenture on such Payment Pool Balance for Loan Group II with information provided separately with respect to all Unsecured Loans and (2) the number and principal amount of Capitalization Workouts pursuant to Section 3.02(a)(v) entered into during the calendar year and since the Closing Date, stated separately for each of Loan Group I and Loan Group II and the aggregate outstanding amount of the Capitalization Workouts expressed as a percentage of the respective Pool Balance. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Variable Funding Note, Term Note or Certificate Certificate, as applicable, with a $1,000 denomination. If an Amortization Event or Servicing Default shall occur, on the Business Day following the related Determination Date, the Master Servicer shall forward to the Indenture Trustee, a statement of such effect, including the nature of such Amortization Event or Servicing Default. The Indenture Trustee shall deliver or cause to be delivered by mail to the Credit Enhancer notice of such Amortization Event or Servicing Default, including, the nature thereof. Such statement may be included in, or separate from, the regular statement to Securityholders. In addition, the Master Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Master Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Custodial Account and deposited into the Payment Account on the Business Day preceding the related Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture3.03. The determination by the Master Servicer of such amounts shall, in the absence of obvious error, shall be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s Issuer's written request, the Master Servicer shall promptly furnish information reasonably requested by the Company Issuer that is reasonably available to the Master Servicer to enable the Company Issuer to perform its federal and state income tax reporting obligations.
Appears in 1 contract
Sources: Servicing Agreement (RFMSII Series 2006-Hsa2 Trust)
Statements to Securityholders. (a) With respect to On each Payment Distribution Date, the Servicer shall forward provide to the Indenture Trustee (with a copy to the Rating Agencies and each Paying Agent) for the Indenture Trustee pursuant to Section 3.26 forward to each Noteholder of record as of the Indenture shall forward or cause most recent Record Date and to be forwarded by mail the Owner Trustee (with a copy to each Certificateholder, Noteholder, the Credit Enhancer, the Depositor, Paying Agent) for the Owner Trustee, Trustee to forward to each Certificateholder of record as of the Certificate Paying Agent and each Rating Agency, most recent Record Date a statement substantially in the form of Exhibit B, setting forth at least the following information as to the Notes and Certificates, Securities to the extent applicable:
: (i) the aggregate amount of (a) Security Interest Collections with respect such distribution allocable to principal allocable to each Class of Notes and to the Notes and the Certificates, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections for the related Collection Period with respect to the Notes and the Certificates;
; (ii) the amount of such distribution allocable to interest allocable to each Class of Notes and to the Securityholders of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment Date;
Certificates; (iii) the amount Outstanding Amount of each Class of Notes, the Note Pool Factor for each such distribution to Class, the Securityholders of the Notes Certificate Balance and the Certificates allocable to interest and separately stating the portion thereof in respect of overdue accrued interest;
(iv) the Credit Enhancement Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursed;
(v) the aggregate Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, Certificate Pool Factor as of the end close of business on the preceding Collection Period and (d) all of the Mortgage Loans;
(vi) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 days and 180 or more days, respectively and (b) that have become REO, in each case as of the end last day of the preceding Collection Period, after giving effect to payments allocated to principal reported under clause (i) above; provided, however, that such information will not be provided on (iv) the statements relating amount of the Servicing Fee paid to the first Payment Date;
(vii) the Weighted Average Net Mortgage Rate for the related Collection Period Servicer and the Weighted Average Net Mortgage Rate for (a) the ________ Loans, (b) the _______Loans and (c) the _________ Loans for the related Collection Period;
(viii) the Special Capital Distribution Amount and the Required Special Capital Distribution Amount, in each case as the end of the related Collection Period; and
(ix) the aggregate amount of Additional Loans acquired during any fees payable to the previous Collection Period with amounts in respect of Net Principal Collections from Owner Trustee or the Funding Account;
(x) the aggregate Liquidation Loss Amounts Indenture Trustee with respect to the related Collection Period; (v) the aggregate amounts of Realized Losses, the amount of any remaining Carryover Loss Amount if any, and Cram Down Losses, if any, separately identified, with respect to the Notes and Certificatesrelated Collection Period; (vi) the amount, respectivelyif any, and the aggregate of the Liquidation Loss Amounts from all Collection Periods distribution payable pursuant to date expressed as a percentage claims under the Policy; (vii) the balance of the sum of Spread Account on the related Payment Determination Date after giving effect to deposits and withdrawals to be made on such Distribution Date, if any; (aviii) the Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as of the latest date that close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above. (ix) the amount of any Class A-2 Additional Loans have been transferred Principal Distribution Amount on such Distribution Date; (x) the amount of any deposit to the Company exceeds Spread Account and the Cut-Off Date Pool Balance;
amount and application of any funds withdrawn from the Spread Account; (xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date;
aggregate principal balance of all Receivables that became Liquidated Receivables or Purchased Receivables during the related Collection Period; (xii) the aggregate principal balance of Receivables that are 30 to 59 days, 60 to 89 days or 90 days or more delinquent; (xiii) the Class A-1 Interest Carryover Shortfall, the Class A-1 Principal Balance of Carryover Shortfall, the Class A-2 Interest Carryover Shortfall, the Class A-2 Principal Carryover Shortfall, the Certificateholders' Interest Carryover Shortfall and the Certificateholders' Principal Carryover Shortfall, if any,in each Class of Notes and of the Certificates case after giving effect to the distribution of principal payments on such Payment Distribution Date;
(xiii) , and any change in such amounts from the respective Security Percentage applicable to the Notes preceding statement; and Certificates, after application of payments made on such Payment Date; and
(xiv) the aggregate Purchase Amounts for Receivables, if any, that were purchased during or with respect to such Collection Period. Each amount distributed pursuant to Section 3.05(a)(xi) of set forth on the Indenture on such Payment Date. In the case of information furnished pursuant to Distribution Date statement under clauses (i), (ii), (vi), (ix) and (iiixiii) above, the amounts above shall be expressed as an aggregate a dollar amount per Note or Certificate with a $1,000 denomination. Prior to the close of business on the Business Day next succeeding each Determination Dateoriginal principal balance of a Certificate or Note, the Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Account and deposited into the Payment Account on the Business Day preceding the Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s written request, the Servicer shall promptly furnish information reasonably requested by the Company that is reasonably available to the Servicer to enable the Company to perform its federal and state income tax reporting obligationsas applicable.
Appears in 1 contract
Sources: Sale and Servicing Agreement (First Merchants Acceptance Corp)
Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Servicer shall forward the Servicing Certificate and a computer file containing mutually agreed upon loan level information to the Indenture Trustee Trustee, and the Indenture Trustee Trustee, pursuant to Section 3.26 of the Indenture Indenture, shall forward or cause to be forwarded by mail make the Servicing Certificate available to each Certificateholder, each Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement setting . The Servicing Certificate shall set forth the following information as to the Notes and Certificates, to the extent applicable:
(i) the aggregate amount of (a) Security Interest Collections with respect to the Notes and the CertificatesCollections, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates Collections, and (c) Security Collections Substitution Adjustment Amounts for the related such Collection Period with respect to the Notes and the CertificatesPeriod;
(ii) the amount of such distribution as principal to the Securityholders Noteholders of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect each Class of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment DateNotes;
(iii) the amount of such distribution as interest to the Securityholders Noteholders of each Class of Notes, the Notes and the Certificates allocable to interest and separately stating the portion thereof amount thereof, if any, payable in respect of overdue accrued interestunpaid Interest Shortfalls, and the amount of any Interest Shortfalls for the related Payment Date;
(iv) the Credit Enhancement Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursedsuch distribution to the Certificateholders;
(v) the aggregate Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, Mortgage Loans as of the end of the preceding Collection Period and (d) all of the Mortgage LoansPeriod;
(vi) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 119 days, 120-149 days and 180 or more 150-179 days, respectively and respectively, (b) that have the related Mortgaged Property of which has been foreclosed upon and (c) as to which the related Mortgaged Property has become REOREO Property, in each case as of the end of the preceding Collection Period; provided, however, that such information will shall not be provided on the statements relating to the first Payment Date;
(vii) the Weighted Average Net Mortgage Rate for the related Collection Period and the Weighted Average Net Mortgage Rate for (a) the ________ Loans, (b) the _______Loans and (c) the _________ Loans for the related Collection Period;
(viii) the Special Capital Distribution Amount and the Required Special Capital Distribution Amount, in each case as the end of the related Collection Period; and
(ix) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account;
(x) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount distributed as principal to Noteholders in respect of Liquidation Loss Amounts (minus any remaining Carryover Loss Amount with respect to the Notes and Certificates, respectively, Subsequent Net Recovery Amounts) and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollar amount and as a percentage of the sum of (a) the aggregate Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as Principal Balances of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool BalanceMortgage Loans;
(xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date;
(xiiviii) the aggregate Principal Note Balance of each Class of Notes and the Certificate Balance of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiiiix) the respective Security amount on deposit in each of the Pre-Funding Account and Capitalized Interest Account as of the end of the preceding Collection Period;
(x) the Percentage Interest applicable to each of the Notes and CertificatesSecurities, after application of payments made on such Payment Date;
(xi) the Overcollateralization Amount as of the end of the preceding Collection Period;
(xii) the weighted average of the Net Loan Rates for the Mortgage Loans for the related Collection Period;
(xiii) the number and aggregate Principal Balance of Mortgage Loans repurchased pursuant to Section 3.15 herein during such Collection Period;
(xiv) Net Liquidation Proceeds, net of any related Foreclosure Profit, for such Collection Period;
(xv) the aggregate Subsequent Net Recovery Amounts for such Collection Period; and
(xivxvi) the amount distributed pursuant aggregate Principal Balance of Subsequent Mortgage Loans transferred to Section 3.05(a)(xi) of the Indenture on such Payment DateTrust Estate. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Note, as applicable, with a $25,000 denomination and per Certificate with a denomination equal to a 100% Percentage Interest. In the case of information furnished pursuant to clause (iii) above for the Class A-IO Notes, the amount shall be expressed as an aggregate dollar amount with a $1,000 1,000,000 denomination. Prior to the close of business If a Servicing Default shall occur, on the Business Day next succeeding each following the related Determination Date, the Servicer shall furnish a written statement forward to the CompanyIndenture Trustee, and the Indenture Trustee, pursuant to Section 3.26 of the Indenture, shall forward or cause to be forwarded by mail to each Certificateholder, each Noteholder, the Depositor, the Owner Trustee, the Depositor, the Certificate Paying Agent and each Rating Agency, a statement to such effect, including the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Account and deposited into the Payment Account on the Business Day preceding the Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture. The determination by the Servicer nature of such amounts shallServicing Default. Such statement may be included in, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s written requestseparate from, the Servicer shall promptly furnish information reasonably requested by the Company that is reasonably available regular statement sent to the Servicer to enable the Company to perform its federal and state income tax reporting obligationsSecurityholders.
Appears in 1 contract
Sources: Servicing Agreement (Residential Asset Mort Prod Inc Gmacm Home Eq L N Tr 04 He2)
Statements to Securityholders. (a) With respect to each Payment Date, the Servicer shall forward to the Indenture Trustee and the Indenture Trustee pursuant to Section 3.26 of the Indenture shall forward or cause to be forwarded by mail to each Certificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement setting forth the following information as to the Notes and Certificates, to the extent applicable:
(i) the aggregate amount of (a) Security Interest Collections with respect to the Notes and the Certificates, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections for the related Collection Period with respect to the Notes and the Certificates;
(ii) the amount of such distribution to the Securityholders of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment Date;
(iii) the amount of such distribution to the Securityholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect of overdue accrued interest;
(iv) the Credit Enhancement Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursed;
(v) the aggregate Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, as of the end of the preceding Collection Period and (d) all of the Mortgage Loans;
(vi) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-90- 179 days and 180 or more days, respectively and (b) that have become REO, in each case as of the end of the preceding Collection Period; providedPROVIDED, howeverHOWEVER, that such information will not be provided on the statements relating to the first Payment Date;
(vii) the Weighted Average Net Mortgage Rate for the related Collection Period and the Weighted Average Net Mortgage Rate for (a) the ________ Loans, (b) the _______Loans and (c) the _________ Loans for the related Collection Period;
(viii) the Special Capital Distribution Amount and the Required Special Capital Distribution Amount, in each case as the end of the related Collection Period; and
(ix) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account;
(x) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any remaining Carryover Loss Amount with respect to the Notes and Certificates, respectively, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as a percentage of the sum of (a) the Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool Balance;
(xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date;
(xii) the aggregate Principal Balance of each Class of Notes and of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiii) the respective Security Percentage applicable to the Notes and Certificates, after application of payments made on such Payment Date; and
(xiv) the amount distributed pursuant to Section 3.05(a)(xi) of the Indenture on such Payment Date. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate with a $1,000 denomination. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Account and deposited into the Payment Account on the Business Day preceding the Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s 's written request, the Servicer shall promptly furnish information reasonably requested by the Company that is reasonably available to the Servicer to enable the Company to perform its federal and state income tax reporting obligations.
Appears in 1 contract
Sources: Servicing Agreement (Southern Pacific Secured Assets Corp)
Statements to Securityholders. (a) With respect to each Payment Date, the Servicer shall forward to the Indenture Trustee and the Indenture Trustee pursuant to Section 3.26 of the Indenture shall forward or cause to be forwarded by mail to each Certificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement setting forth the following information as to the Notes and Certificates, to the extent applicable:
(i) the aggregate amount of (a) Security Interest Collections with respect to the Notes and the Certificates, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections for the related Collection Period with respect to the Notes and the Certificates;
(ii) the amount of such distribution to the Securityholders of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment Date;
(iii) the amount of such distribution to the Securityholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect of overdue accrued interest;
(iv) the Credit Enhancement Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursed;
(v) the aggregate Principal Balance of (a) the ________ Loans, (b) the ________ Loans, (c) the _________ Loans, as of the end of the preceding Collection Period and (d) all of the Mortgage Loans;
(vi) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 days and 180 or more days, respectively and (b) that have become REO, in each case as of the end of the preceding Collection Period; providedPROVIDED, howeverHOWEVER, that such information will not be provided on the statements relating to the first Payment Date;
(vii) the Weighted Average Net Mortgage Rate for the related Collection Period and the Weighted Average Net Mortgage Rate for (a) the ________ Loans, (b) the _______Loans and (c) the _________ Loans for the related Collection Period;
(viii) the Special Capital Distribution Amount and the Required Special Capital Distribution Amount, in each case as the end of the related Collection Period; and
(ix) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account;
(x) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any remaining Carryover Loss Amount with respect to the Notes and Certificates, respectively, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as a percentage of the sum of (a) the Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool Balance;
(xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date;
(xii) the aggregate Principal Balance of each Class of Notes and of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiii) the respective Security Percentage applicable to the Notes and Certificates, after application of payments made on such Payment Date; and
(xiv) the amount distributed pursuant to Section 3.05(a)(xi) of the Indenture on such Payment Date. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate with a $1,000 denomination. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Account and deposited into the Payment Account on the Business Day preceding the Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s written request, the Servicer shall promptly furnish information reasonably requested by the Company that is reasonably available to the Servicer to enable the Company to perform its federal and state income tax reporting obligations.
Appears in 1 contract
Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee and the Indenture Trustee pursuant to Section 3.26 of the Indenture shall forward or cause to be forwarded by mail or otherwise make available electronically at www.jpmorgan.com/sfr to each Certificateholder, NoteholderNo▇▇▇▇▇▇▇▇, the Credit Enhancer▇▇▇ ▇▇▇▇▇cer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement setting forth the following information (the "Servicing Certificate") as to the Notes and Certificates, to the extent applicable:
(i) the applicable Record Date, Determination Date and Payment Date;
(ii) the aggregate amount of payments received with respect to the Mortgage Loans, including prepayment amounts;
(iii) the Servicing Fee payable to the Servicer;
(iv) the amount of any other fees or expenses paid, and the identity of the party receiving such fees or expenses;
(v) the aggregate amount of (a) Security Interest Collections with respect to the Notes and the CertificatesCollections, (b) aggregate Security Principal Collections (and, with respect to any Payment Date relating to the Notes and the Certificates and Managed Amortization Period, Net Principal Collections), (c) Security Collections Substitution Adjustment Amounts and (d) Excess Spread, for the related Collection Period with respect to the Notes and the CertificatesPeriod;
(iivi) the amount of such distribution as principal to the Securityholders Noteholders of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect each Class of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment DateNotes;
(iiivii) the amount of such distribution as interest to the Securityholders Noteholders of each Class of Notes, the Notes and the Certificates allocable to interest and separately stating the portion thereof amount thereof, if any, payable in respect of overdue accrued interestunpaid Interest Shortfalls, and the amount of any Interest Shortfalls and Relief Act Shortfalls for the related Payment Date;
(ivviii) the Credit Enhancement each Policy Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws on the Policy thereunder not yet reimbursed;
(vix) the amount of such distribution as principal and interest to the Certificateholders, separately stating the portion thereof which resulted in a reduction of the Certificate Balance thereof;
(x) the amount of any Additional Balance Increase Amount payable to the Certificateholders;
(xi) the aggregate Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, Mortgage Loans as of the end of the preceding related Collection Period and (d) all of the Mortgage LoansPeriod;
(vixii) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days, 150-179 days and greater than 180 or more days, respectively and respectively, (b) that have the related Mortgaged Property of which has been foreclosed upon and (c) as to which the related Mortgaged Property has become REOREO Property, in each case as of the end of the preceding related Collection Period; provided, however, that such information will shall not be provided on the statements relating to the first Payment Date;
(viixiii) the Weighted Average Net number and aggregate Principal Balance of Mortgage Rate for Loans repurchased pursuant to Section 3.15(a) herein during the related Collection Period and the Weighted Average Net Mortgage Rate for Period;
(axiv) the ________ Loans, (b) the _______Loans and (c) the _________ Loans Net WAC Rate for the related Collection Period;
(viiixv) prior to the Special Capital Distribution Amount and second Determination Date following the Required Special Capital Distribution Amount, in each case as the end commencement of the related Collection Rapid Amortization Period; and
(ix) , the aggregate amount of Additional Loans acquired Balances created during the previous related Collection Period with amounts in respect and conveyed to the Issuer prior to the commencement of Net Principal Collections from the Funding Accountsuch Rapid Amortization Period;
(xxvi) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any remaining Carryover Loss Amount with respect distributed as principal to Noteholders or paid to the Notes and Certificates, respectively, Funding Account in respect of Liquidation Loss Amounts and the aggregate of the Liquidation Loss Amounts (minus any Subsequent Net Recovery Amounts) from all Collection Periods to date expressed as dollar amount and as a percentage of the sum of (a) the aggregate Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as Principal Balances of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool BalanceMortgage Loans;
(xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date;
(xiixvii) the aggregate Principal Note Balance of each Class of Notes and the Certificate Balance of each Class of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiiixviii) the respective Security balance of the Pre-Funding Account, Capitalized Interest Account, Funding Account and the Reserve Sub-Account as of the end of the related Collection Period;
(xix) the Percentage Interest applicable to each of the Notes and CertificatesSecurities, after application of payments made on such Payment Date;
(xx) the Overcollateralization Amount as of the end of the related Collection Period and whether the Excess Spread Test is satisfied as of the end of the related Collection Period; and
(xivxxi) the amount distributed pursuant aggregate Principal Balance of Subsequent Mortgage Loans transferred to Section 3.05(a)(xi) of the Indenture on such Payment DateTrust Estate during the related Collection Period. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate Certificate, as applicable, with a $1,000 denomination25,000 denomination per Note and with a denomination equal to a 100% Percentage Interest per Certificate. Prior to the close of business If a Rapid Amortization Event or a Servicing Default shall occur, on the Business Day next succeeding each following the related Determination Date, the Servicer shall furnish forward to the Indenture Trustee a written statement to such effect, including the Companynature of such Rapid Amortization Event or Servicing Default. Upon the Servicer's becoming aware of any Early Amortization Event, the Servicer shall forward to the Indenture Trustee a statement to such effect, including the nature of such Early Amortization Event. The Indenture Trustee, pursuant to Section 3.26 of the Indenture, shall deliver or cause to be delivered by mail to each Certificateholder, each Noteholder, the Enhancer, the Depositor, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing informationeach Rating Agency, (ii) the aggregate amounts required to be withdrawn from the Collection Account and deposited into the Payment Account on the Business Day preceding the Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture. The determination by the Servicer notice of such amounts shallRapid Amortization Event, in Early Amortization Event or Servicing Default, including the absence of obvious errornature thereof. Such statement may be included in, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s written requestseparate from, the Servicer shall promptly furnish information reasonably requested by the Company that is reasonably regular statement made available to the Servicer to enable the Company to perform its federal and state income tax reporting obligationsSecurityholders.
Appears in 1 contract
Sources: Servicing Agreement (GMACM Home Equity Loan Trust 2006-He4)
Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Master Servicer shall forward to the Indenture Trustee and the Indenture Trustee pursuant to Section 3.26 of the Indenture shall forward or cause to be forwarded by mail or made available on its website initially located at "www.jpmorgam.com/sfr," to each Certificateholder, NoteholderNoteholde▇, the Credit Enhancer▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇cer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement setting forth the following information (the "Servicing Certificate") as to the Notes and Certificates, to the extent applicable:
(i) the aggregate amount of (a) Security Interest Collections with respect to the Notes and the CertificatesCollections, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections Substitution Adjustment Amounts for the related such Collection Period with respect to the Notes and the CertificatesPeriod;
(ii) the amount of such distribution paid as principal to the Securityholders Noteholders of each Class of Notes;
(iii) the Notes and amount paid as interest to the Certificates applied to reduce the principal balance thereof and Noteholders of each Class of Notes, separately stating the portion thereof in respect of Prepayment Interest Shortfalls, Relief Act Shortfalls or Net WAC Cap Shortfalls, if any;
(iv) the Accelerated Principal aggregate Interest Distribution Amount and remaining unpaid, if any, for the amount Notes, after giving effect to be deposited in the Funding Account payments made on such Payment Date;
(iiiv) [Reserved];
(vi) the amount of such distribution to any draw on the Securityholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect of overdue accrued interest;
(iv) the Credit Enhancement Draw Amount, if any, Policy for such Payment Date Date, the amount paid to the Credit Enhancer in reimbursement for prior draws and the aggregate amount of prior draws thereunder under the Policy not yet reimbursed;
(vvii) the amount of such distribution as principal and interest to the Certificateholders of the Certificates, separately stating the portion thereof which resulted in a reduction of the Certificate Loan Balance thereof;
(viii) the aggregate Principal Loan Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, Home Equity Loans as of the end of the preceding Collection Period and (d) all of the Mortgage LoansPeriod;
(viix) the aggregate amount of Additional Balances on the Home Equity Loans created during the previous Collection Period conveyed to the Issuer;
(x) the number and aggregate Principal Loan Balances of Mortgage Home Equity Loans (a) as to which the Minimum Monthly Payment is delinquent Delinquent for 30-59 days, 60-89 days, 90-179 days and 180 90 or more days, respectively respectively, (b) that are foreclosed and (bc) that have become REO, in each case as of the end of the preceding related Collection Period; provided, however, that such information will not be provided on the statements relating to the first Payment Date;
(viixi) the Weighted Average Net Mortgage Note Rate for the related Collection Period and the Weighted Average Net Mortgage WAC Rate for (a) the ________ Loans, (b) the _______Loans and (c) the _________ Loans for the related Collection Period;
(viii) the Special Capital Distribution Amount and the Required Special Capital Distribution Amount, in each case as the end of the related Collection Period; and
(ix) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account;
(xxii) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any remaining Carryover Liquidation Loss Amount Distribution Amounts with respect to the Notes and Certificates, respectivelyNotes, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollars and as a percentage of the sum of (a) the aggregate Cut-Off off Date Pool Balance and (b) the amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool Loan Balance;
(xixiii) any unpaid interest on the Notes aggregate Excess Loss Amounts with respect to the related Collection Period and Certificates, respectively, after such Distribution Datethe aggregate of the Excess Loss Amounts from all Collection Periods to date;
(xiixiv) the aggregate Special Hazard Losses, Fraud Losses, Bankruptcy Losses and losses caused by or resulting from an Extraordinary Event with respect to the related Collection Period and the aggregate of each of such losses from all Collection Periods to date;
(xv) the Security Balance and the Certificate Principal Balance of each Class of Notes and of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiiixvi) the respective Security Percentage applicable to aggregate Servicing Fees for the Notes related Collection Period and Certificatesthe aggregate amount of Draws for the related Collection Period;
(xvii) the number and amount of any increases in the Credit Limits of the Home Equity Loans during the related Collection Period;
(xviii) the Overcollateralization Amount, after application of payments made on the Undercollateralization Amount, the Special Hazard Amount, the Fraud Loss Amount, the Bankruptcy Loss Amount and the Required Overcollateralization Amount immediately following such Payment Date; and
(xivxix) the number and principal amount distributed of release agreements pursuant to Section 3.05(a)(xi3.05(c) entered into during the calendar year and since the Closing Date, stated separately, and the aggregate outstanding principal amount of such release agreements expressed as a percentage of the Indenture on such Payment Pool Balance with information provided separately with respect to all Unsecured Loans and (2) the number and principal amount of Capitalization Workouts pursuant to Section 3.02(a)(v) entered into during the calendar year and since the Closing Date, and the aggregate outstanding amount of the Capitalization Workouts expressed as a percentage of the Pool Balance. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Variable Funding Note, Term Note or Certificate Certificate, as applicable, with a $1,000 denomination. If an Amortization Event or Servicing Default shall occur, on the Business Day following the related Determination Date, the Master Servicer shall forward to the Indenture Trustee, a statement of such effect, including the nature of such Amortization Event or Servicing Default. The Indenture Trustee shall deliver or cause to be delivered by mail to the Credit Enhancer notice of such Amortization Event or Servicing Default, including, the nature thereof. Such statement may be included in, or separate from, the regular statement to Securityholders. In addition, the Master Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Master Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Custodial Account and deposited into the Payment Account on the Business Day preceding the related Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture3.03. The determination by the Master Servicer of such amounts shall, in the absence of obvious error, shall be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s Issuer's written request, the Master Servicer shall promptly furnish information reasonably requested by the Company Issuer that is reasonably available to the Master Servicer to enable the Company Issuer to perform its federal and state income tax reporting obligations.
(b) The Master Servicer shall, on behalf of the Depositor and in respect of the Trust, sign and cause to be filed with the Commission any periodic reports required to be filed under the provisions of the Exchange Act, and the rules and regulations of the Commission thereunder. In connection with the preparation and filing of such periodic reports, the Indenture Trustee shall timely provide to the Master Servicer (I) a list of Holders as shown on the Certificate Register and the Note Register as of the end of each calendar year, (II) copies of all pleadings, other legal process and any other documents relating to any claims, charges and complaints involving the Indenture Trustee, as indenture trustee hereunder, or the Trust that are received by the Indenture Trustee, (III) notice of all matters that, to the actual knowledge of a Responsible Officer of the Indenture Trustee, have been submitted to a vote of the Holders, other than those matters that have been submitted to a vote of the Holders at the request of the Depositor or the Master Servicer, and (IV) notice of any failure of the Indenture Trustee to make any distribution to the Holders as required pursuant to this Agreement. Neither the Master Servicer nor the Indenture Trustee shall have any liability with respect to the Master Servicer's failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer's inability or failure to obtain any information not resulting from the Master Servicer's own negligence or willful misconduct. Any Form 10-K filed with the Commission in connection with this clause (b) shall include a certification, signed by the senior officer in charge of the servicing functions of the Master Servicer, in the form attached as Exhibit E hereto or such other form as may be required or permitted by the Commission (the "Form 10-K Certification"), in compliance with Rules 13a-14 and 15d-14 under the Exchange Act and any additional directives of the Commission. In connection with the Form 10-K Certification, the Indenture Trustee shall provide the Master Servicer with a back-up certification substantially in the form attached hereto as Exhibit F. This Section 4.01(b) may be amended in accordance with this Agreement, but without the Rating Agency confirmations otherwise required by Section 8.01, and without the consent of the Holders.
Appears in 1 contract
Sources: Servicing Agreement (Home Equity Loan Trust 2004-Hs3)
Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Servicer shall forward the Servicing Certificate and a computer file containing mutually agreed upon loan level information to the Indenture Trustee Trustee, and the Indenture Trustee Trustee, pursuant to Section 3.26 of the Indenture Indenture, shall forward or cause to be forwarded by mail make such Servicing Certificate available to each Certificateholder, each Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent Agent, the ISDA Counterparty and each Rating Agency, a statement setting . The Servicing Certificate shall set forth the following information as to the Notes and Certificates, to the extent applicable:
(i) for each Loan Group, the aggregate amount of (a) Security Interest Collections with respect to the Notes and the CertificatesCollections, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates Collections, and (c) Security Collections Substitution Adjustment Amounts for the related such Collection Period with respect to the Notes and the CertificatesPeriod;
(ii) the amount of such distribution as principal to the Securityholders Noteholders of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect each Class of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment DateNotes;
(iii) the amount of such distribution as interest to the Securityholders Noteholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect each Class of overdue accrued interestNotes;
(iv) the Credit Enhancement Policy Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws on the Policy thereunder not yet reimbursed;
(v) the amount of such distribution to the Certificateholders;
(vi) the aggregate Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, Home Loans in each Loan Group as of the end of the preceding Collection Period and (d) all of the Mortgage LoansPeriod;
(vivii) the number and aggregate Principal Balances of Mortgage Home Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 119 days, 120-149 days and 180 or more 150-179 days, respectively and respectively, (b) that have the related Mortgaged Property of which has been foreclosed upon and (c) as to which the related Mortgaged Property has become REOREO Property, in each case as of the end of the preceding Collection Period; provided, however, that such information will shall not be provided on the statements relating to the first Payment Date;
(vii) the Weighted Average Net Mortgage Rate for the related Collection Period and the Weighted Average Net Mortgage Rate for (a) the ________ Loans, (b) the _______Loans and (c) the _________ Loans for the related Collection Period;
(viii) the Special Capital Distribution Amount and the Required Special Capital Distribution Amount, in each case as the end of the related Collection Period; and
(ix) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account;
(x) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount distributed as principal to Noteholders in respect of any remaining Carryover Liquidation Loss Amount with respect to the Notes and Certificates, respectively, Amounts and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollar amount and as a percentage of the sum of (a) the aggregate Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as Principal Balances of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool BalanceHome Loans;
(xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date;
(xiiix) the aggregate Principal Note Balance of each Class of Notes and the Certificate Balance of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiiix) the respective Security amount on deposit in each of the Pre-Funding Account and Capitalized Interest Account as of the end of the preceding Collection Period;
(xi) the Percentage Interest applicable to each of the Notes and CertificatesSecurities, after application of payments made on such Payment Date; and;
(xii) the Overcollateralization Amount as of the end of the preceding Collection Period;
(xiii) the amount of any payment to be made to the designee or designees of the Credit Enhancer with respect to such Payment Date pursuant to Sections 3.05(a)(i) and 3.30 of the Indenture and the Limited Reimbursement Agreement;
(xiv) the amount distributed weighted average of the Net Loan Rates for the Home Loans for the related Collection Period;
(xv) the number and aggregate Principal Balance of Home Loans repurchased pursuant to Section 3.05(a)(xi3.15(a) herein during the related Collection Period; and
(xvi) the aggregate Principal Balance of Subsequent Home Loans transferred to the Indenture on such Payment DateTrust Estate for each Loan Group. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate Certificate, as applicable, with a $1,000 25,000 denomination. If a Servicing Default shall occur, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee, and the Indenture Trustee, pursuant to Section 3.26 of the Indenture, shall forward or cause to be forwarded by mail to each Certificateholder, each Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement to such effect, including the nature of such Servicing Default. Such statement may be included in, or separate from, the regular statement sent to Securityholders. The Indenture Trustee will make the monthly statement to Securityholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Securityholders, and other parties to this Agreement via the Indenture Trustee's internet website. The Indenture Trustee's internet website shall initially be located at "www.abs.bankone.com". Assistance in ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ can be obtained by calling Indenture Trustee's customer service desk at 800-524-9472. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇he above website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Indenture Trustee shall have the right to change the way the statements to Securityholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Indenture Trustee shall provide timely and adequate notification to all above parties regarding any such changes.
(b) In addition, with respect to each Payment Date, on the Business Day following the related Determination Date, the Servicer shall forward to the Credit Enhancer and the Rating Agencies the following information for each Capitalization Workout entered into during the related Collection Period:
(i) the original Home Equity Loan amount;
(ii) the Home Loan amount after the Capitalization Workout;
(iii) the original Monthly Payment amount;
(iv) the Monthly Payment amount after the Capitalization Workout;
(v) the Capitalized Amount as defined in Section 3.02(a)(v) herein;
(vi) the CLTV prior to the Capitalization Workout;
(vii) the CLTV after the Capitalization Workout; and
(viii) if an appraisal was used in determining the CLTV referred to in (vii) above, the type and date of appraisal.
(c) The Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Custodial Account and deposited into the Note Payment Account and/or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be presumptively correct for all purposes hereunder hereunder, and the Owner Trustee and the Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s Issuer's written request, the Servicer shall promptly furnish such information reasonably requested by the Company Issuer that is reasonably available to the Servicer to enable the Company Issuer to perform its federal and state income tax reporting obligations.
Appears in 1 contract
Sources: Servicing Agreement (Residential Asset Mortgage Products Inc)
Statements to Securityholders. (a) With respect to On each Payment Date, the Servicer shall forward provide to the Indenture Trustee and (with a copy to each Rating Agency) for the Indenture Trustee pursuant to Section 3.26 forward to each Noteholder of record as of the Indenture shall most recent Record Date and to the Owner Trustee for the Owner Trustee to forward or cause to be forwarded by mail to each Certificateholder, Noteholder, Certificateholder of record as of the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, most recent Record Date a statement substantially in the form of Exhibit B, respectively, setting forth at least the following information as to the Notes and Certificates, Securities to the extent applicable:
(i) the aggregate amount of (a) Security Interest Collections collections received with respect to the Notes and the Certificates, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections for Receivables during the related Collection Period with respect and allocable to the principal allocable to each Class of Notes and the Certificateson such Payment Date;
(ii) the amount of such distribution collections received with respect to the Securityholders Receivables during the related Collection Period and allocable to interest allocable to each Class of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment Date;
(iii) the amount Outstanding Amount of each Class of Notes, the Note Pool Factor for each such distribution to the Securityholders Class as of the Notes and close of business on the Certificates allocable last day of the preceding Collection Period, after giving effect to interest and separately stating the portion thereof in respect of overdue accrued interestpayments allocated to principal reported under clause (i) above;
(iv) the Credit Enhancement Draw Amount, if any, for such Payment Date amount of the Servicing Fee paid to the Servicer and the aggregate amount of prior draws thereunder not yet reimbursedany fees payable to the Owner Trustee, or the Indenture Trustee with respect to the related Collection Period;
(v) the aggregate Principal Balance amounts of (a) the ________ LoansRealized Losses, (b) the ______ Loansif any, (c) the _________ Loans, as of the end of the preceding Collection Period and (d) all of the Mortgage Loans;
(vi) the number and aggregate Principal Balances of Mortgage Loans (a) as with respect to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 days and 180 or more days, respectively and (b) that have become REO, in each case as of the end of the preceding Collection Period; provided, however, that such information will not be provided on the statements relating to the first Payment Date;
(vii) the Weighted Average Net Mortgage Rate for the related Collection Period and the Weighted Average Net Mortgage Rate for (a) the ________ Loans, (b) the _______Loans and (c) the _________ Loans for the related Collection Period;
(viiivi) the Special Capital Distribution Amount balance of the Reserve Account on the related Determination Date after giving effect to deposits and withdrawals to be made on the Required Special Capital Distribution Amountrelevant Payment Date, in each case if any;
(vii) the Pool Balance as of the end close of business on the last day of the related Collection Period; and, after giving effect to payments allocated to principal reported under clause (i) above;
(viii) the amount of any deposit to the Reserve Account and the amount and application of any funds withdrawn from the Reserve Account, in each case with respect to such Payment Date;
(ix) the aggregate amount principal balance of Additional Loans acquired all Receivables that became Liquidated Receivables or Purchased Receivables during the previous related Collection Period with amounts in respect of Net Principal Collections from the Funding AccountPeriod;
(x) the aggregate Liquidation Loss Amounts with respect principal balance and number of Receivables that are 30 to 60 days, 61 to 90 days or 91 days or more delinquent as of the last day of the related Collection Period, the amount of any remaining Carryover Loss Amount with respect to the Notes and Certificates, respectively, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as a percentage of the sum of (a) the Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool Balance;
(xi) any unpaid interest Available Amounts Shortfall after giving effect to payments on such Payment Date, and any change in such amounts from the Notes and Certificates, respectively, after such Distribution Datepreceding statement;
(xii) the aggregate Principal Balance of each Class of Notes and of the Certificates after giving effect Purchased Amounts for Receivables, if any, that were purchased during or with respect to the distribution of principal on such Payment DateCollection Period;
(xiii) the respective Security Percentage applicable aggregate Principal Balance and number of all Receivables with respect to which the Notes and Certificates, after application of payments made on such Payment Date; andrelated Financed Vehicle was repossessed;
(xiv) the aggregate Principal Balance and number of Receivables with respect to which the Servicer granted an extension;
(xv) the Required Yield Supplement Overcollateralization Amount for the next Collection Period; and
(xvi) any amounts distributed to the Certificateholders. Each amount distributed pursuant to Section 3.05(a)(xi) of set forth on the Indenture on such Payment Date. In the case of information furnished pursuant to Date statement under clauses (i), (ii) and or (iiiiv) above, the amounts above shall be expressed as an aggregate a dollar amount per Note or Certificate with a $1,000 denominationof original principal balance of a Certificate or Note, as applicable. Prior The Indenture Trustee may make any such statement which it is required to provide to the close of business on the Business Day next succeeding each Determination DateNoteholders, the Servicer shall furnish a written statement to the Companyincluding, the Owner Trusteewithout limitation, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts information as may be required to be withdrawn from the Collection Account and deposited into the Payment Account on the Business Day preceding the Payment Date pursuant enable each Noteholder to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s written request, the Servicer shall promptly furnish information reasonably requested by the Company that is reasonably available to the Servicer to enable the Company to perform prepare its respective federal and state income tax reporting obligationsreturns (and, at its option, any additional files containing the same information in an alternative format), via its internet web site (initially located at ▇▇▇.▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇▇). In connection with providing access to the Indenture Trustee's website, the Indenture Trustee may require registration and the acceptance of certain terms and conditions. The Indenture Trustee shall have the right to change the way such statements are distributed in order to make such distributions more convenient and/or more accessible to the above parties and the Indenture Trustee shall provide timely and adequate notification to the Noteholders regarding any such changes; provided, however, that the Indenture Trustee will also mail copies of any such statements to any requesting Noteholder who provides a written request.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Hyundai Abs Funding Corp)
Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day preceding the related Determination Date, the Servicer shall forward the Servicing Certificate and shall prepare and deliver to the Indenture Trustee Trustee, and the Indenture Trustee Trustee, pursuant to Section 3.26 of the Indenture Indenture, shall forward or cause to be forwarded by mail make a monthly statement available to each Certificateholder, each Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent Agent, Bear Stearns Capital Markets Inc. and each Rating e▇▇▇ ▇▇ting Agency, a . The monthly statement setting shall set forth the following information as to the Notes and Certificates, to the extent applicable:
(i) the aggregate amount of (a) Security Interest Collections with respect to the Notes and the Certificates, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections Collections, for the related Collection Period with respect to the Notes and the Certificatesperiod;
(ii) the amount of such distribution as principal to the Securityholders Noteholders of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect each Class of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment DateNotes;
(iii) the amount of such distribution as interest to the Securityholders Noteholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect each Class of overdue accrued interestNotes;
(iv) the Credit Enhancement Draw Amountamount, if any, for such Payment Date and received under the aggregate amount of prior draws thereunder not yet reimbursedHedge Agreement;
(v) the amount of such distribution to the Certificateholders;
(vi) the aggregate Stated Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, Mortgage Loans as of the end of the preceding Collection Period and (d) all Due Period, the aggregate Stated Principal Balance of the fixed rate Mortgage Loans, and the aggregate Stated Principal Balance of the adjustable rate Mortgage Loans;
(vivii) the number and aggregate Stated Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 119 days, 120-149 days and 180 or more 150-179 days, respectively and respectively, (b) that have the related Mortgaged Property of which has been foreclosed upon and (c) as to which the related Mortgaged Property has become REOREO Property, in each case as of the end of the preceding Collection Due Period; provided, however, that such information will shall not be provided on the statements relating to the first Payment Date;
(viiviii) the Weighted Average Net Mortgage Rate for the related Collection Period number and the Weighted Average Net Mortgage Rate for aggregate Stated Principal Balances of Land Loans (a) as to which the ________ LoansMonthly Payment is delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days and 150-179 days, respectively, (b) the _______Loans related Mortgaged Property of which has been foreclosed upon and (c) the _________ Loans for as to which the related Collection Period;
(viii) the Special Capital Distribution Amount and the Required Special Capital Distribution AmountMortgaged Property has become REO Property, in each case as of the end of the related Collection preceding Due Period; andprovided, however, that such information shall not be provided on the statements relating to the first Payment Date;
(ix) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account;
(x) the aggregate Liquidation Loss Amounts and Substitution Adjustment Amounts with respect to the related Collection PeriodPayment Date, the amount distributed as principal to Noteholders in respect of any remaining Carryover Liquidation Loss Amount with respect to the Notes and Certificates, respectively, Amounts and the aggregate of the Liquidation Loss Amounts from all Collection Periods Payment Dates to date expressed as dollar amount and as a percentage of the sum of (a) the aggregate Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as Principal Balances of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool BalanceMortgage Loans;
(xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date;
(xiix) the aggregate Principal Note Balance of each Class of Notes and the Certificate Balance of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiiixi) the respective Security Percentage Interest applicable to each of the Notes and CertificatesSecurities, after application of payments made on such Payment Date; and;
(xii) the Overcollateralization Amount and the Required Overcollateralization Amount as of the Payment Date;
(xiii) the weighted average of the Net Loan Rates for the Mortgage Loans for the related Due Period;
(xiv) the Twelve Month Loss Amount (minus the amount distributed pursuant to Section 3.05(a)(xiof any Recovery Amounts); and
(xv) of the Indenture on Rolling Three Month Delinquency Rate for such Payment DateDate and the two preceding Payment Dates. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate Certificate, as applicable, with a $1,000 25,000 denomination. If a Servicing Default shall occur, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee, and the Indenture Trustee, pursuant to Section 3.26 of the Indenture, shall forward or cause to be forwarded by mail to each Certificateholder, each Noteholder, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement to such effect, including the nature of such Servicing Default. Such statement may be included in, or separate from, the regular statement sent to Securityholders. The Indenture Trustee will make the monthly statement to Securityholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Securityholders, and other parties to this Agreement via the Indenture Trustee's internet website. The Indenture Trustee's internet website shall initially be located at "www.abs.bankone.com". Assistance i▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ can be obtained by calling the customer service desk at (800) 524-9472. Parties that are ▇▇▇▇▇▇ ▇▇ ▇▇▇ the above distribution options are entitled to have a paper copy mailed to them via first Class mail by calling the customer service desk and indicating such. The Indenture Trustee shall have the right to change the way the statements to Securityholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Indenture Trustee shall provide timely and adequate notification to all above parties regarding any such changes.
(b) [Reserved].
(c) The Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Custodial Account and deposited into the Note Payment Account and/or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be presumptively correct for all purposes hereunder hereunder, and the Owner Trustee and the Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s Issuer's written request, the Servicer shall promptly furnish such information reasonably requested by the Company Issuer that is reasonably available to the Servicer to enable the Company Issuer to perform its federal and state income tax reporting obligations.
(d) On or before 2:00 P.M. New York time on each Business Day immediately preceding each Payment Date, the Servicer shall either (i) deposit in the Note Payment Account from its own funds, or funds received therefor from the Subservicers, an amount equal to the Advances to be made by the Servicer in respect of the related Payment Date, which shall be in an aggregate amount equal to the aggregate amount of Monthly Payments (with each interest portion thereof adjusted to the Net Loan Rate), less the amount of any related Servicing Modifications, Debt Service Reductions or reductions in the amount of interest collectable from the Mortgagor pursuant to the Soldiers' and Sailors' Civil Relief Act of 1940, as amended, on the Mortgage Loans outstanding as of the related Due Date, which Monthly Payments were delinquent as of the close of business as of the related Determination Date; provided that no Advance shall be made if it would be a Nonrecoverable Advance, (ii) withdraw from amounts on deposit in the Custodial Account and deposit in the Note Payment Account all or a portion of the Amount Held for Future Distribution in discharge of any such Advance, or (iii) make advances in the form of any combination of (i) and (ii) aggregating the amount of such Advance. Any portion of the Amount Held for Future Distribution so used shall be replaced by the Servicer by deposit in the Note Payment Account on or before 11:00 A.M. New York time on any future Business Day immediately preceding each Payment Date to the extent that funds attributable to the Mortgage Loans that are available in the Custodial Account for deposit in the Note Payment Account on such Payment Date shall be less than payments to Securityholders required to be made on the following Payment Date. Such allocations shall be conclusive for purposes of reimbursement to the Servicer from recoveries on related Mortgage Loans pursuant to Section 3.10(a). The determination by the Servicer that it has made a Nonrecoverable Advance or that any proposed Advance, if made, would constitute a Nonrecoverable Advance, shall be evidenced by an Officers' Certificate of the Servicer delivered to the Depositor and the Indenture Trustee. If the Servicer determines as of the Business Day preceding any Note Payment Account Deposit Date that it will be unable to deposit in the Note Payment Account an amount equal to the Advance required to be made for the immediately succeeding Payment Date, it shall give notice to the Trustee of its inability to advance (such notice may be given by telecopy), not later than 3:00 P.M., New York time, on such Business Day, specifying the portion of such amount that it will be unable to deposit. Not later than 3:00 P.M., New York time, on the Note Payment Account Deposit Date the Trustee shall, unless by 12:00 Noon, New York time, on such day the Indenture Trustee shall have been notified in writing (by telecopy) that the Servicer shall have directly or indirectly deposited in the Note Payment Account such portion of the amount of the Advance sentence, pursuant to Section 7.01, (a) terminate all of the rights and obligations of the Servicer under this Agreement in accordance with Section 7.01 and (b) assume the obligations of the Servicer hereunder, including the obligation to deposit in the Note Payment Account an amount equal to the Advance for the immediately succeeding Payment Date and such other rights and obligations set forth in Section 7.02 hereof. The Indenture Trustee shall deposit all funds it receives pursuant to this Section 4.01 into the Note Payment Account.
Appears in 1 contract
Sources: Servicing Agreement (Residential Asset Mortgage Products Inc)
Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the [Master] Servicer shall forward to the Indenture Trustee and the Indenture Trustee pursuant to Section 3.26 of the Indenture shall forward or cause to be forwarded by mail to each Certificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement setting forth the following information (the "Servicing Certificate") as to the Notes and Certificates, to the extent applicable:
(i) the aggregate amount of [(a) Security Interest Collections with respect to the Variable Funding Notes, the Term Notes and the Certificates, (b) aggregate Security Principal Collections with respect to the Variable Funding Notes, the Term Notes and the Certificates and (c) Security Collections for the related Collection Period with respect to the Variable Funding Notes, the Term Notes and the Certificates;] [(a) Interest Collections, (b) Principal Collections and (c) Substitution Adjustment Amounts;]
(ii) the amount of such distribution [as principal to the Noteholders] [to the Securityholders of the Variable Funding Notes, the Term Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment Date];
(iii) the amount of such distribution [as interest to the Noteholders] [to the Securityholders of the Variable Funding Notes, the Term Notes and and] the Certificates allocable to interest and separately stating the portion thereof in respect of overdue accrued interest;
(iv) the amount of any Credit Enhancement Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursed;
(v) [the aggregate Principal Asset Balance of (a) the __________ Loans, (b) the __________ Loans, (c) the __________ Loans, as of the end of the preceding Collection Period and (d) all of the Mortgage Loans;] [ the number and Pool Balance of the Mortgage Loans as of the end of the related Collection Period;]
(vi) the number and aggregate Principal Asset Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 days and 180 or more days, respectively and (b) that are foreclosed, (c) that have become REO, and (d) that have been finally liquidated due to being 180 days or more delinquent, in each case as of the end of the preceding related Collection Period; provided, however, that such information will not be provided on the statements relating to the first Payment Date;
(vii) the Weighted Average weighted average Net Mortgage Loan Rate for the related Collection Period and the Weighted Average weighted average Net Mortgage Loan Rate for (a) the __________ Loans, (b) the __________ Loans and (c) the __________ Loans for the related Collection Period;
(viii) the Special Capital Distribution Amount and the Required Special Capital Distribution Amount, in each case as the end of the related Collection Period; and;
(ix) the aggregate amount of Additional Balances created during the previous Collection Period conveyed to the 200_-____ Trust;
(x) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account;
(xxi) [the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any remaining Carryover Loss Amount with respect to the Notes Term Notes, Certificates and CertificatesVariable Funding Notes, respectively, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as a percentage of the sum of (a) the Cut-Off off Date Pool Balance and (b) the amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred to the Company 200_-____ Trust exceeds the Cut-Off off Date Pool Balance;
(xixii) any unpaid interest on the Notes Term Notes, Exchanged Notes, Certificates and CertificatesVariable Funding Notes, respectively, after such Distribution Date;
(xiixiii) the aggregate Principal Balance of each Class of Notes and of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiiixiv) the respective Security Percentage applicable to the Notes Term Notes, Certificates and CertificatesVariable Funding Notes, after application of payments made on such Payment Date; and
(xivxv) the amount distributed pursuant to Section 3.05(a)(xi) of the Indenture on such Payment Date. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate with a $1,000 denomination. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Account and deposited into the Payment Account on the Business Day preceding the Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s written request, the Servicer shall promptly furnish information reasonably requested by the Company that is reasonably available to the Servicer to enable the Company to perform its federal and state income tax reporting obligations.]
Appears in 1 contract
Sources: Servicing Agreement (Homepride Mortgage Finance Corp)
Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee Trustee, and the Indenture Trustee Trustee, pursuant to Section 3.26 of the Indenture Indenture, shall forward or cause to be forwarded by mail to each Certificateholder, each Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement setting forth the following information as to the Notes and Certificates, to the extent applicable:
(i) the aggregate amount of (a) Security Interest Collections with respect to the Notes and the CertificatesCollections, (b) aggregate Security Principal Collections (and, with respect to any Payment Date relating to the Notes and the Certificates Managed Amortization Period, Net Principal Collections) and (c) Security Collections Substitution Adjustment Amounts for the related such Collection Period with respect to the Notes and the CertificatesPeriod;
(ii) the amount of such distribution as principal to the Securityholders of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment DateNoteholders;
(iii) the amount of such distribution as interest to the Securityholders of Noteholders, the Notes and the Certificates allocable to interest and separately stating the portion thereof amount thereof, if any, payable in respect of overdue accrued interestunpaid Interest Shortfalls, and the amount of any Interest Shortfalls for the related Payment Date;
(iv) the Credit Enhancement Policy Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws on the Policy thereunder not yet reimbursed;
(v) the amount of such distribution to the Certificateholders;
(vi) the aggregate Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, Mortgage Loans as of the end of the preceding Collection Period and (d) all of the Mortgage LoansPeriod;
(vivii) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 days and 180 90 or more days, respectively and respectively, (b) that have the related Mortgaged Property of which has been foreclosed upon and (c) as to which the related Mortgaged Property has become REOREO Property, in each case as of the end of the preceding Collection Period; provided, however, that such information will shall not be provided on the statements relating to the first Payment Date;
(viiviii) the Weighted Average Net Mortgage Loan Rate for the related Collection Period and the Weighted Average Net Mortgage Rate for (a) the ________ Loans, (b) the _______Loans and (c) the _________ Loans for the related Collection Period;
(viiiix) prior to the Special Capital Distribution Amount and second Determination Date following the Required Special Capital Distribution Amount, in each case as the end commencement of the related Collection Rapid Amortization Period; and
(ix) , the aggregate amount of Additional Loans acquired Balances created during the previous Collection Period with amounts in respect conveyed to the Issuer prior to the commencement of Net Principal Collections from the Funding AccountRapid Amortization Period;
(x) [Reserved]
(xi) [Reserved]
(xii) [Reserved]
(xiii) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount distributed as principal to Noteholders in respect of any remaining Carryover Liquidation Loss Amount with respect to the Notes and Certificates, respectively, Amounts and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollar amount and as a percentage of the sum of (a) the aggregate Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as Principal Balances of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool BalanceMortgage Loans;
(xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date;
(xiixiv) the aggregate Principal Note Balance of each Class of Notes and the Certificate Balance of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiiixv) the respective Security Percentage Interest applicable to each of the Notes and CertificatesSecurities, after application of payments made on such Payment Date; and
(xivxvi) the amount distributed pursuant to Section 3.05(a)(xi) of the Indenture on Outstanding Overcollateralization Amount immediately following such Payment Date. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Term Note, Variable Funding Note or Certificate Certificate, as applicable, with a $1,000 25,000 denomination. If a Managed Amortization Event, a Rapid Amortization Event or a Servicing Default shall occur, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee, and the Indenture Trustee, pursuant to Section 3.26 of the Indenture, shall forward or cause to be forwarded by mail to each Certificateholder, each Noteholder, the Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement to such effect, including, in the case of a Rapid Amortization Event or a Servicing Default, the nature thereof. Such statement may be included in, or separate from, the regular statement sent to Securityholders.
(b) The Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Custodial Account and deposited into the Note Payment Account or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be presumptively correct for all purposes hereunder hereunder, and the Owner Trustee and the Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s Issuer's written request, the Servicer shall promptly furnish such information reasonably requested by the Company Issuer that is reasonably available to the Servicer to enable the Company Issuer to perform its federal and state income tax reporting obligations.
Appears in 1 contract
Sources: Servicing Agreement (Bear Stearns Asset Back Sec Inc Gmacm Rev Ho Eq Lo Tr 1998-2)
Statements to Securityholders. (a) With respect to On each Payment Date, the Servicer shall forward provide to the Indenture Trustee and (with a copy to each Rating Agency) for the Indenture Trustee pursuant to Section 3.26 forward to each Noteholder of record as of the Indenture shall most recent Record Date and to the Owner Trustee for the Owner Trustee to forward or cause to be forwarded by mail to each Certificateholder, Noteholder, Certificateholder of record as of the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, most recent Record Date a statement substantially in the form of Exhibit B, respectively, setting forth at least the following information as to the Notes and Certificates, Securities to the extent applicable:
(i) the aggregate amount of (a) Security Interest Collections collections received with respect to the Notes and the Certificates, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections for Receivables during the related Collection Period with respect and allocable to the principal allocable to each Class of Notes and the Certificateson such Payment Date;
(ii) the amount of such distribution collections received with respect to the Securityholders Receivables during the related Collection Period and allocable to interest allocable to each Class of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment Date;
(iii) the amount Outstanding Amount of each Class of Notes, the Note Pool Factor for each such distribution to the Securityholders Class as of the Notes and close of business on the Certificates allocable last day of the preceding Collection Period, after giving effect to interest and separately stating the portion thereof in respect of overdue accrued interestpayments allocated to principal reported under clause (i) above;
(iv) the Credit Enhancement Draw Amount, if any, for such Payment Date amount of the Servicing Fee paid to the Servicer and the aggregate amount of prior draws thereunder not yet reimbursedany fees payable to the Owner Trustee, or the Indenture Trustee with respect to the related Collection Period;
(v) the aggregate Principal Balance amounts of (a) the ________ LoansRealized Losses, (b) the ______ Loansif any, (c) the _________ Loans, as of the end of the preceding Collection Period and (d) all of the Mortgage Loans;
(vi) the number and aggregate Principal Balances of Mortgage Loans (a) as with respect to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 days and 180 or more days, respectively and (b) that have become REO, in each case as of the end of the preceding Collection Period; provided, however, that such information will not be provided on the statements relating to the first Payment Date;
(vii) the Weighted Average Net Mortgage Rate for the related Collection Period and the Weighted Average Net Mortgage Rate for (a) the ________ Loans, (b) the _______Loans and (c) the _________ Loans for the related Collection Period;
(viiivi) the Special Capital Distribution Amount balance of the Reserve Account on the related Determination Date after giving effect to deposits and withdrawals to be made on the Required Special Capital Distribution Amountrelevant Payment Date, in each case if any;
(vii) the Pool Balance as of the end close of business on the last day of the related Collection Period; and, after giving effect to payments allocated to principal reported under clause (i) above;
(viii) the amount of any deposit to the Reserve Account and the amount and application of any funds withdrawn from the Reserve Account, in each case with respect to such Payment Date;
(ix) the aggregate amount principal balance of Additional Loans acquired all Receivables that became Liquidated Receivables or Purchased Receivables during the previous related Collection Period with amounts in respect of Net Principal Collections from the Funding AccountPeriod;
(x) the aggregate Liquidation Loss Amounts with respect principal balance and number of Receivables that are 30 to 60 days, 61 to 90 days or 91 days or more delinquent as of the last day of the related Collection Period, the amount of any remaining Carryover Loss Amount with respect to the Notes and Certificates, respectively, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as a percentage of the sum of (a) the Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool Balance;
(xi) any unpaid interest Available Amounts Shortfall after giving effect to payments on such Payment Date, and any change in such amounts from the Notes and Certificates, respectively, after such Distribution Datepreceding statement;
(xii) the aggregate Principal Balance of each Class of Notes and of the Certificates after giving effect Purchase Amounts for Receivables, if any, that were purchased during or with respect to the distribution of principal on such Payment DateCollection Period;
(xiii) the respective Security Percentage applicable aggregate Principal Balance and number of all Receivables with respect to which the Notes and Certificates, after application of payments made on such Payment Date; andrelated Financed Vehicle was repossessed;
(xiv) the aggregate Principal Balance and number of Receivables with respect to which the Servicer granted an extension;
(xv) the Required Yield Supplement Overcollateralization Amount for the next Collection Period; and
(xvi) any amounts distributed to the Certificateholders. Each amount distributed pursuant to Section 3.05(a)(xi) of set forth on the Indenture on such Payment Date. In the case of information furnished pursuant to Date statement under clauses (i), (ii) and or (iiiiv) above, the amounts above shall be expressed as an aggregate a dollar amount per Note or Certificate with a $1,000 denominationof original principal balance of a Certificate or Note, as applicable. Prior The Indenture Trustee may make any such statement (and, at its option, any additional files containing the same information in an alternative format) available to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement applicable Noteholders via [______]. In connection with providing access to the CompanyIndenture Trustee’s website, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all may require registration and the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Account acceptance of certain terms and deposited into the Payment Account on the Business Day preceding the Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indentureconditions. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected have the right to change the way such statements are distributed in relying upon the same without any independent check or verification. In addition, upon the Company’s written request, the Servicer shall promptly furnish information reasonably requested by the Company that is reasonably available order to make such distributions more convenient and/or more accessible to the Servicer above parties regarding any such changes; provided, however, that the Indenture Trustee will also mail copies of any such statements to enable the Company to perform its federal and state income tax reporting obligationsany requesting Noteholder.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Hyundai Abs Funding Corp)
Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day preceding the related Determination Date, the Servicer shall forward the Servicing Certificate and shall prepare and deliver to the Indenture Trustee Trustee, and the Indenture Trustee Trustee, pursuant to Section 3.26 of the Indenture Indenture, shall forward or cause to be forwarded by mail make a monthly statement available to each Certificateholder, each Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a . The monthly statement setting shall set forth the following information as to the Notes and Certificates, to the extent applicable:
(i) the aggregate amount of (a) Security Interest Collections with respect to the Notes and the Certificates, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections Collections, for the related Collection Period with respect to the Notes and the Certificatesperiod;
(ii) the amount of such distribution as principal to the Securityholders Noteholders of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect each Class of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment DateNotes;
(iii) the amount of such distribution as interest to the Securityholders Noteholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect each Class of overdue accrued interestNotes;
(iv) the Credit Enhancement Draw Amountamount, if any, for such Payment Date and received under the aggregate amount of prior draws thereunder not yet reimbursedHedge Agreement;
(v) the amount of such distribution to the Certificateholders;
(vi) the aggregate Stated Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, Mortgage Loans as of the end of the preceding Collection Period and (d) all Due Period, the aggregate Stated Principal Balance of the fixed rate Mortgage Loans, and the aggregate Stated Principal Balance of the adjustable rate Mortgage Loans;
(vivii) the number and aggregate Stated Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 119 days, 120-149 days and 180 or more 150-179 days, respectively and respectively, (b) that have the related Mortgaged Property of which has been foreclosed upon and (c) as to which the related Mortgaged Property has become REOREO Property, in each case as of the end of the preceding Collection Due Period; provided, however, that such information will shall not be provided on the statements relating to the first Payment Date;
(viiviii) the Weighted Average Net Mortgage Rate for the related Collection Period number and the Weighted Average Net Mortgage Rate for aggregate Stated Principal Balances of Land Loans (a) as to which the ________ LoansMonthly Payment is delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days and 150-179 days, respectively, (b) the _______Loans related Mortgaged Property of which has been foreclosed upon and (c) the _________ Loans for as to which the related Collection Period;
(viii) the Special Capital Distribution Amount and the Required Special Capital Distribution AmountMortgaged Property has become REO Property, in each case as of the end of the related Collection preceding Due Period; andprovided, however, that such information shall not be provided on the statements relating to the first Payment Date;
(ix) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account;
(x) the aggregate Liquidation Loss Amounts and Substitution Adjustment Amounts with respect to the related Collection PeriodPayment Date, the amount distributed as principal to Noteholders in respect of any remaining Carryover Liquidation Loss Amount with respect to the Notes and Certificates, respectively, Amounts and the aggregate of the Liquidation Loss Amounts from all Collection Periods Payment Dates to date expressed as dollar amount and as a percentage of the sum of (a) the aggregate Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as Principal Balances of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool BalanceMortgage Loans;
(xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date;
(xiix) the aggregate Principal Note Balance of each Class of Notes and the Certificate Balance of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiiixi) the respective Security Percentage Interest applicable to each of the Notes and CertificatesSecurities, after application of payments made on such Payment Date;
(xii) the Overcollateralization Amount and the Required Overcollateralization Amount as of the Payment Date;
(xiii) the weighted average of the Net Loan Rates for the Mortgage Loans for the related Due Period;
(xiv) any Deficiency Amount;
(xv) the Twelve Month Loss Amount (minus the amount of any Recovery Amounts); and
(xivxvi) the amount distributed pursuant to Section 3.05(a)(xi) of the Indenture on Rolling Three Month Delinquency Rate for such Payment DateDate and the two preceding Payment Dates. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate Certificate, as applicable, with a $1,000 25,000 denomination. If a Servicing Default shall occur, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee, and the Indenture Trustee, pursuant to Section 3.26 of the Indenture, shall forward or cause to be forwarded by mail to each Certificateholder, each Noteholder, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement to such effect, including the nature of such Servicing Default. Such statement may be included in, or separate from, the regular statement sent to Securityholders. The Indenture Trustee will make the monthly statement to Securityholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Securityholders, and other parties to this Agreement via the Indenture Trustee's internet website. The Indenture Trustee's internet website shall initially be located at "www.abs.bankone.com". Assistance ▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇e can be obtained by calling the customer service desk at (800) 524-9472. Parties that ar▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇ the above distribution options are entitled to have a paper copy mailed to them via first Class mail by calling the customer service desk and indicating such. The Indenture Trustee shall have the right to change the way the statements to Securityholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Indenture Trustee shall provide timely and adequate notification to all above parties regarding any such changes.
(b) [Reserved].
(c) The Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Custodial Account and deposited into the Note Payment Account and/or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be presumptively correct for all purposes hereunder hereunder, and the Owner Trustee and the Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s Issuer's written request, the Servicer shall promptly furnish such information reasonably requested by the Company Issuer that is reasonably available to the Servicer to enable the Company Issuer to perform its federal and state income tax reporting obligations.
(d) On or before 2:00 P.M. New York time on each Business Day immediately preceding each Payment Date, the Servicer shall either (i) deposit in the Note Payment Account from its own funds, or funds received therefor from the Subservicers, an amount equal to the Advances to be made by the Servicer in respect of the related Payment Date, which shall be in an aggregate amount equal to the aggregate amount of Monthly Payments (with each interest portion thereof adjusted to the Net Loan Rate), less the amount of any related Servicing Modifications, Debt Service Reductions or reductions in the amount of interest collectable from the Mortgagor pursuant to the Soldiers' and Sailors' Civil Relief Act of 1940, as amended, on the Mortgage Loans outstanding as of the related Due Date, which Monthly Payments were delinquent as of the close of business as of the related Determination Date; provided that no Advance shall be made if it would be a Nonrecoverable Advance, (ii) withdraw from amounts on deposit in the Custodial Account and deposit in the Note Payment Account all or a portion of the Amount Held for Future Distribution in discharge of any such Advance, or (iii) make advances in the form of any combination of (i) and (ii) aggregating the amount of such Advance. Any portion of the Amount Held for Future Distribution so used shall be replaced by the Servicer by deposit in the Note Payment Account on or before 11:00 A.M. New York time on any future Business Day immediately preceding each Payment Date to the extent that funds attributable to the Mortgage Loans that are available in the Custodial Account for deposit in the Note Payment Account on such Payment Date shall be less than payments to Securityholders required to be made on the following Payment Date. Such allocations shall be conclusive for purposes of reimbursement to the Servicer from recoveries on related Mortgage Loans pursuant to Section 3.10(a). The determination by the Servicer that it has made a Nonrecoverable Advance or that any proposed Advance, if made, would constitute a Nonrecoverable Advance, shall be evidenced by an Officers' Certificate of the Servicer delivered to the Depositor and the Indenture Trustee. If the Servicer determines as of the Business Day preceding any Note Payment Account Deposit Date that it will be unable to deposit in the Note Payment Account an amount equal to the Advance required to be made for the immediately succeeding Payment Date, it shall give notice to the Trustee of its inability to advance (such notice may be given by telecopy), not later than 3:00 P.M., New York time, on such Business Day, specifying the portion of such amount that it will be unable to deposit. Not later than 3:00 P.M., New York time, on the Note Payment Account Deposit Date the Trustee shall, unless by 12:00 Noon, New York time, on such day the Indenture Trustee shall have been notified in writing (by telecopy) that the Servicer shall have directly or indirectly deposited in the Note Payment Account such portion of the amount of the Advance as to which the Servicer shall have given notice pursuant to the preceding sentence, pursuant to Section 7.01, (a) terminate all of the rights and obligations of the Servicer under this Agreement in accordance with Section 7.01 and (b) assume the obligations of the Servicer hereunder, including the obligation to deposit in the Note Payment Account an amount equal to the Advance for the immediately succeeding Payment Date and such other rights and obligations set forth in Section 7.02 hereof. The Indenture Trustee shall deposit all funds it receives pursuant to this Section 4.01 into the Note Payment Account.
Appears in 1 contract
Sources: Servicing Agreement (Residential Asset Mort Prods Inc Gmacm Mort Ln Tr 03 Gh2)
Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee and the Indenture Trustee pursuant to Section 3.26 of the Indenture shall forward or cause to be forwarded by mail or otherwise make available electronically at www.jpmorgan.com/sfr to each Certificateholder, Noteholder, the Credit Enhancert▇▇ ▇▇▇▇▇cer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement setting forth the following information (the "Servicing Certificate") as to the Notes and Certificates, to the extent applicable:
(i) the applicable Record Date, Determination Date and Payment Date;
(ii) the aggregate amount of payments received with respect to the Mortgage Loans in each Loan Group, including prepayment amounts;
(iii) the Servicing Fee payable to the Servicer;
(iv) the amount of any other fees or expenses paid, and the identity of the party receiving such fees or expenses;
(v) the aggregate amount of (a) Security Interest Collections with respect to the Notes and the Certificatesfor each Loan Group, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and for each Loan Group, (c) Security Collections Substitution Adjustment Amounts for each Loan Group and (d) Excess Spread, for the related Collection Period with respect to the Notes and the CertificatesPeriod;
(iivi) the amount of such distribution paid as principal to the Securityholders Noteholders;
(vii) the amount paid as interest to the Noteholders, the amount of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Principal Distribution any Interest Carryforward Amount and the amount of any Relief Act Shortfalls for the related Payment Date;
(viii) the aggregate amount of interest remaining unpaid for each Loan Group, if any, for each of the Notes, after giving effect to be deposited in the Funding Account payments made on such Payment Date;
(iiiix) the amount of such distribution to the Securityholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect of overdue accrued interest;
(iv) the Credit Enhancement each Policy Draw Amount, if any, for such Payment Date and Date, the aggregate amount of prior draws on the Policy thereunder not yet reimbursedreimbursed the amount paid to the Credit Enhancer in reimbursement for prior draws;
(vx) the amount of such distribution as principal and interest to the Certificateholders of the Certificates, separately stating the portion thereof which resulted in a reduction of the Certificate Balance thereof;
(xi) the aggregate Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, Mortgage Loans in each Loan Group as of the end of the preceding related Collection Period and (d) all of the Mortgage LoansPeriod;
(vixii) the number and aggregate Principal Balances of Mortgage Loans in each Loan Group (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days, 150-179 days and greater than 180 or more days, respectively and respectively, (b) that have the related Mortgaged Property of which has been foreclosed upon and (c) as to which the related Mortgaged Property has become REOREO Property, in each case as of the end of the preceding related Collection Period; provided, however, that such information will shall not be provided on the statements relating to the first Payment Date;
(viixiii) the Weighted Average Net number and aggregate Principal Balance of Mortgage Rate for Loans in each Loan Group repurchased pursuant to Section 3.15(a) herein during the related Collection Period and the Weighted Average Net Mortgage Rate for Period;
(axiv) the ________ Loans, (b) the _______Loans and (c) the _________ Loans Net WAC Rate for the related Collection Period;
(viii) the Special Capital Distribution Amount and the Required Special Capital Distribution Amount, in each case as the end of the related Collection Period; and
(ixxv) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account;
(x) the Liquidation Loss Amounts, aggregate Group I Liquidation Loss Amount and aggregate Group II Liquidation Loss Amounts with respect to the related Collection Period, the amount of any remaining Carryover Loss Amount with respect distributed as principal to the Notes and Certificates, respectively, related Noteholders in respect of Liquidation Loss Amounts and the aggregate of the Liquidation Loss Amounts aggregate Group I Liquidation Loss Amount and aggregate Group II Liquidation Loss Amounts (in all cases minus any related Subsequent Net Recovery Amounts) from all Collection Periods to date expressed as dollar amount and as a percentage of the sum of (a) the aggregate Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as Principal Balances of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool BalanceMortgage Loans;
(xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date;
(xiixvi) the aggregate Principal Note Balance of each Class of Notes and of the Certificates Certificate Balance after giving effect to the distribution of principal on such Payment Date;
(xiiixvii) the respective Security balance in each Pre-Funding Account and each Capitalized Interest Account, as of the end of the related Collection Period;
(xviii) the Percentage Interest applicable to each of the Notes and CertificatesSecurities, after application of payments made on such Payment Date;
(xix) the amount, if any, of the Hedge Payments for such Distribution Date and any shortfall in amounts previously required to be paid under the Hedge Agreement for prior Distribution Dates;
(xx) the Overcollateralization Amount, the Overcollateralization Amount for the Group I Loans and Overcollateralization Amount for the Group II Loans, in all cases, as of the end of the related Collection Period; and
(xivxxi) the amount distributed pursuant aggregate Principal Balance of Subsequent Mortgage Loans transferred to Section 3.05(a)(xi) of each Loan Group during the Indenture on such Payment Daterelated Collection Period. In the case of information furnished pursuant to clauses (iivi) and (iiivii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate Certificate, as applicable, with a $1,000 denomination25,000 denomination per Note and with a denomination equal to a 100% Percentage Interest per Certificate. If a Servicing Default shall occur, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee a statement to such effect, including the nature of such Servicing Default. The Indenture Trustee, pursuant to Section 3.26 of the Indenture, shall deliver or cause to be delivered by mail to each Certificateholder, each Noteholder, the Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, notice of such Servicing Default, including the nature thereof. Such statement may be included in, or separate from, the regular statement made available to Securityholders. The Indenture Trustee will make the Servicing Certificate (and, at its option, any additional files containing the same information in an alternative format) available each month to Securityholders, and other parties to this Agreement via the Indenture Trustee's internet website. The Indenture Trustee's internet website shall initially be located at "www.jpmorgan.com/sfr." Assistance in using the website can b▇ ▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇g the Indenture Trustee's customer service desk at (877) 722-1095. Parties that are unable to use the above distri▇▇▇▇▇▇ ▇▇▇▇▇▇▇ are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Indenture Trustee shall have the right to change the way the statements to Securityholders are distributed in order to make such distribution more convenient or more accessible to the above parties and the Indenture Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The Indenture Trustee may require registration and the acceptance of a disclaimer in connection with access to its website.
(b) The Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Custodial Account and deposited into the Note Payment Account or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be presumptively correct for all purposes hereunder hereunder, and the Owner Trustee and the Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s Issuer's written request, the Servicer shall promptly furnish such information reasonably requested by the Company Issuer that is reasonably available to the Servicer to enable the Company Issuer to perform its federal and state income tax reporting obligations.
Appears in 1 contract
Sources: Servicing Agreement (GMACM Home Equity Loan Trust 2006-He5)
Statements to Securityholders. (a) With respect to On each Payment Date, Distribution Date the Servicer shall forward to the Indenture Trustee and the Indenture Trustee pursuant to Section 3.26 of the Indenture shall forward or cause to be forwarded by mail to each Certificateholder, NoteholderHolder of a Security and to the Seller, the Credit Enhancer, Loan Seller and the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, Master Servicer a statement setting forth the following information as to the Notes and Certificates, to the extent applicablesuch distribution setting forth:
(ia) the amount of such distribution to the Securityholders of each Class applied to reduce the Security Principal Balance thereof, (b) the aggregate amount of included therein representing Principal Prepayments, (ac) Security Interest Collections the Class FXA Prepayment Percentage with respect to the Notes and Class FXA Securities, the Certificates, (b) aggregate Security Principal Collections Class A Prepayment Percentage with respect to the Notes and Class A Securities, the Certificates and (c) Security Collections for the related Collection Period Class FX Lockout Prepayment Percentage with respect to the Notes Class FX Lockout Securities, the Class A Lockout Prepayment Percentage with respect to the Class A Lockout Securities and the CertificatesClass B Percentage applicable to such distribution and (d) the aggregate of the Stated Principal Balances of any Mortgage Loans repurchased during the related Prepayment Period (on aggregate basis and on a Loan Group by Loan Group basis);
(ii) the amount of such distribution to the Securityholders of the Notes and the Certificates applied such Class allocable to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment Dateinterest;
(iii) the amount of related servicing compensation and the amount of servicing compensation attributable to penalties and fees received by or on behalf of the Master Servicer and any Sub-Servicers with respect to such distribution Distribution Date and such other customary information as the Master Servicer deems necessary or desirable and supplies to the Trustee, or which a Securityholder reasonably requests, to enable Securityholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect of overdue accrued interestprepare their tax returns;
(iv) the Credit Enhancement Draw Amountamount of Advances (other than Servicing Advance), if any, for such Payment Date presented in the aggregate and the aggregate amount of prior draws thereunder not yet reimbursedprincipal and the amount of interest Advances included in such distribution on such Distribution Date;
(v) the number and aggregate Stated Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, as of the end of the preceding Collection Period and (d) all of the Mortgage LoansLoans at the close of business on such Distribution Date (on an aggregate basis and on a Loan Group-by-Loan Group basis);
(vi) the Security Principal Balance of a Single Security of such Class, the aggregate Security Principal Balance of the Class FXA-1 Securities, Class FXA-3 Securities, Class FXA-4 Securities, Class FXA-5 Securities, Class FXA-6 Securities, Class FXA-7 Securities, Class FXA-8 Securities, Class FXA-9 Securities, Class FXA-10 Securities, Class FXA-11 Securities, Class A-1 Securities, Class A-2 Securities, Class A-3 Securities, Class A-5 Securities, Class A-6 Securities, Class A-7 Securities, Class A-8 Securities, Class FXP Securities, Class P Securities, Class B-1 Securities, Class B-2 Securities, Class 100 B-3 Securities, Class B-4 Securities, Class B-5 Securities and Class B-6 Securities, respectively, the Notional Amounts for the Class FXS Securities, the Class FXA-2 Securities, the Class S Securities and the Class A-4 Securities, the Class FXA Percentage, the Class A Percentage, the Class B-1 Percentage, the Class B-2 Percentage, the Class B-3 Percentage, the Class B-4 Percentage, Class B-5 Percentage and the Class B-6 Percentage after giving effect to the amounts distributed on such Distribution Date separately identifying any reduction thereof due to Realized Losses other than pursuant to an actual distribution of principal (on an aggregate basis and on a Loan Group-by-Loan Group basis);
(vii) the number and aggregate Stated Principal Balances Balance of Mortgage Loans (a) delinquent 31 to 60 days, (b) delinquent 61 to 90 days and (c) delinquent 91 days or more (on an aggregate basis and on a Loan Group-by-Loan Group basis) as of the close of business on the Determination Date to which such distribution relates;
(viii) the number and aggregate Stated Principal Balance of Mortgage Loans as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 days and 180 or more days, respectively and (b) that foreclosure proceedings have become REO, been commenced in each case as of the end of the preceding Collection Period; provided, however, that such information will not be provided on the statements relating to the first Payment Date;
(vii) the Weighted Average Net Mortgage Rate for the related Collection Period Determination Date and the Weighted Average Net Mortgage Rate for which are (a) the ________ Loansdelinquent 31 to 60 days, (b) the _______Loans delinquent 61 to 90 days and (c) the _________ Loans for the related Collection Period;
delinquent 91 days or more (viiion an aggregate basis and on a Loan Group-by-Loan Group basis) the Special Capital Distribution Amount and the Required Special Capital Distribution Amount, in each case as the end of the related Collection Period; andclose of business on the Determination Date to which such distribution relates;
(ix) the number and aggregate amount Stated Principal Balance of Additional Mortgage Loans acquired during as to which bankruptcy proceedings have been commenced in each case as of the previous Collection Period with amounts in respect related Determination Date and which are (a) delinquent 31 to 60 days, (b) delinquent 61 to 90 days and (c) delinquent 91 days or more (on an aggregate basis and on a Loan Group-by-Loan Group basis) as of Net Principal Collections from the Funding Accountclose of business on the Determination Date to which such distribution relates;
(x) the aggregate Liquidation Loss Amounts with respect to any Mortgage Loan that became a REO Property during the related Collection Periodpreceding calendar month, the amount loan number and Stated Principal Balance of any remaining Carryover Loss Amount with respect to the Notes and Certificates, respectively, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as a percentage of the sum of (a) the Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance such Mortgage Loan as of the latest close of business on the Distribution Date in such month and the date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool Balanceof acquisition thereof;
(xi) the book value of any unpaid interest REO Property as of the close of business on the Notes and Certificates, respectively, after such last Business Day of the calendar month preceding the Distribution Date;
(xii) the Pass-Through Rate in effect for the preceding calendar month with respect to each Class of Securities (other than the Principal Only Securities and the Residual Securities); 101
(xiii) the remaining aggregate Security Principal Balance of each Class of Notes and of the Certificates Securities, after giving effect to the distribution of principal on such Payment Date;
(xiii) the respective Security Percentage applicable to the Notes and Certificates, after application of payments made on such Payment Distribution Date; and;
(xiv) the Special Hazard Amount, Fraud Loss Amount and Bankruptcy Amount remaining available immediately after such Distribution Date;
(xv) the aggregate Realized Losses incurred since the Cut-off Date (on an aggregate basis and on a Loan Group-by-Loan Group basis); and
(xvi) the amount of any Excess Proceeds distributed pursuant to Section 3.05(a)(xi) each Class of Securities and the remaining balance of the Indenture Excess Proceeds Account, if any, on such Payment Distribution Date, after giving effect to distributions made on such date. In the case of information furnished pursuant to clauses subclauses (ii) and (iiii)-(iii) above, the amounts shall also be expressed as an aggregate a dollar amount per Note or Certificate with Single Security. Within a $1,000 denomination. Prior to reasonable period of time after the close end of business on the Business Day next succeeding each Determination Datecalendar year, the Servicer Trustee shall furnish prepare and forward, to each Person who at any time during the calendar year was a written Holder of a Security (other than the Class R or Class RP Securities) a statement to containing the Companyinformation set forth in subclauses (i)-(iii) above, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Account and deposited into the Payment Account on the Business Day preceding the Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) aggregated for such calendar year or applicable portion thereof during which such person was a Securityholder. Such obligation of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code and regulations thereunder as from time to time are in relying upon force. On each Distribution Date the same without any independent check Trustee shall prepare and forward, to each Holder of a Class R or verificationClass RP Security a copy of the reports forwarded to each of the Securityholders (other than the Class R or Class RP Securityholders) on such Distribution Date and a statement setting forth the amounts actually distributed with respect to the Class R or Class RP Securities on such Distribution Date. In addition, upon Within a reasonable period of time after the Company’s written requestend of each calendar year, the Servicer Trustee shall promptly furnish prepare and forward, to each Person who at any time during the calendar year was a Holder of a Class R or Class RP Security a statement containing the information reasonably requested provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R or Class RP Securityholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Company that is reasonably available Trustee pursuant to any requirements of the Servicer Code as from time to enable the Company to perform its federal and state income tax reporting obligationstime are in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Financial Asset Securitization Inc)
Statements to Securityholders. (a) With respect to On or before each Payment Distribution Date, the Master Servicer shall provide to the Owner Trustee (with copies to the Depositor and the Rating Agencies) to forward to each Certificateholder of record, and to the Indenture Trustee and the Indenture Trustee pursuant Trustee, to Section 3.26 of the Indenture shall forward or cause to be forwarded by mail to each Certificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating AgencyNoteholder of record, a statement statement, based on the related Master Servicer's Certificate setting forth at least the following information as to the Notes Securities with respect to the related Distribution Date and CertificatesCollection Period, in substantially the form of Exhibit B, to the extent applicable:
(i) the aggregate amount of (a) Security Interest Collections with respect such distribution allocable to the Notes and the Certificates, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections principal for the related Collection Period with respect to the Notes and the Certificateseach Class of Notes;
(ii) the amount of such distribution to the Securityholders of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Priority Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment DateDistributable Amount;
(iii) the amount of such distribution to the Securityholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect of overdue accrued interestSecondary Principal Distributable Amount;
(iv) the Credit Enhancement Draw Regular Principal Distributable Amount, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursed;
(v) the aggregate Principal Balance amount of such distribution allocable to current and overdue interest (aincluding any interest on overdue interest) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, as for each Class of the end of the preceding Collection Period and (d) all of the Mortgage LoansNotes;
(vi) the Total Servicing Fee;
(vii) the Total Trustee Fees;
(viii) the aggregate outstanding principal amount of each Class of Notes and the Note Pool Factor with respect to each Class of Notes (in each case after giving effect to payments allocated to principal reported under clause (i) above);
(ix) the Pool Balance as of the close of business on the last day of the related Collection Period;
(x) the Reserve Fund Amount on such Distribution Date (after giving effect to all deposits to or withdrawals from the Reserve Fund on such Distribution Date) and the Reserve Fund Draw Amount;
(xi) the aggregate Purchase Amount of Receivables repurchased by the Seller or purchased by the Master Servicer, if any, with respect to the related Collection Period;
(xii) the number and aggregate Principal Balances Balance of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for Receivables that were 30-59 days, 60-89 days, 90-179 days and 180 or 90 days or more days, respectively and (b) that have become REO, in each case delinquent as of the end last day of the preceding Collection Period; provided, however, that such information will not be provided on the statements relating to the first Payment Date;
(vii) the Weighted Average Net Mortgage Rate for the related Collection Period and the Weighted Average Net Mortgage Rate for (a) the ________ Loans, (b) the _______Loans and (c) the _________ Loans for the related Collection Period;
(viiixiii) the Special Capital Distribution Amount and the Required Special Capital Distribution AmountNonrecoverable Advances, in each case as the end of the related Collection Period; and
(ix) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Accountif any;
(xxiv) the aggregate Liquidation Loss Amounts Net Losses with respect to the related Collection Period, the amount of any remaining Carryover Loss Amount with respect to the Notes and Certificates, respectively, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as a percentage of the sum of ;
(axv) the Cut-Off Date Pool Balance Overcollateralization Target Amount and (b) the amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool Balance;
Note Balance (xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date;
(xii) the aggregate Principal Balance of each Class of Notes and of the Certificates after giving effect to any payments made to the distribution of principal Noteholders on such Payment Distribution Date);
(xiiixvi) the respective Security amount of Available Collections;
(xvii) the Cumulative Net Loss Percentage applicable and the Sequential Payment Trigger;
(xviii) the Yield Supplement Account Draw Amount;
(xix) the amount of Excess Collections;
(xx) the amount, if any, withdrawn from the Pre-Funding Account to purchase Subsequent Receivables;
(xxi) the Notes and CertificatesPre-Funding Account Amount, after application of payments made if any;
(xxii) the Negative Carry Account Draw Amount;
(xxiii) investment earnings on amounts on deposit in the Pre-Funding Account during such Payment DateCollection Period, if any; and
(xivxxiv) for the amount distributed pursuant to Section 3.05(a)(xi) of Distribution Date following the Indenture on such Payment Date. In Collection Period in which the case of information furnished pursuant to clauses (ii) and (iii) abovePre-Funding Period ends, the amounts shall be expressed Pre-Funding Account Amount that is being paid to the Noteholders as an aggregate dollar amount per Note or Certificate with a $1,000 denomination. Prior to the close additional payment of business principal on the Business Day next succeeding each Determination Date, Notes in accordance with the Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Account and deposited into the Payment Account on the Business Day preceding the Payment Date pursuant to final paragraph of Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i2.08(b) of the Indenture. The determination .
(b) Within the prescribed period of time for tax reporting purposes after the end of each calendar year during the term of the Issuer, but not later than the latest date permitted by law, the related Trustee, upon receipt thereof, shall mail to each Person who at any time during such calendar year shall have been a Securityholder, a statement, prepared by the Servicer of Master Servicer, containing certain information for such amounts shallcalendar year or, in the absence event such Person shall have been a Securityholder during a portion of obvious errorsuch calendar year, be presumptively deemed to be correct for all the applicable portion of such year, for the purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verificationof such Securityholder's preparation of federal income tax returns. In addition, upon the Company’s written request, the Master Servicer shall promptly furnish information reasonably requested by the Company that is reasonably available to the Servicer Trustees for distribution to enable such Person at such time any other information necessary under applicable law for the Company to perform its federal and state preparation of such income tax reporting obligationsreturns.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Pooled Auto Securities Shelf LLC)
Statements to Securityholders. (a) With respect to On each Payment Distribution Date, the Servicer shall forward to (i) the Indenture Trustee shall include with each distribution to each Noteholder of record as of the related Record Date, and (ii) the Indenture Trustee Trust Agent shall include with each distribution to each Certificateholder of record as of the related Record Date, a statement, prepared by the Servicer, based on the information in the Distribution Date Statement furnished pursuant to Section 3.26 of the Indenture shall forward or cause to be forwarded by mail to each Certificateholder3.09, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement setting forth for such Distribution Date the following information as to of the Notes and Certificatesrelated Record Date or such Distribution Date, to as the extent applicablecase may be:
(i) the aggregate amount of such distribution allocable to principal (a) Security Interest Collections with respect to the stated separately for each Class of Notes and the Certificates), separately identifying the aggregate amount included therein of any (bi) aggregate Security Principal Collections with respect to the Notes and the Certificates Full Prepayments of principal on Precomputed Contracts and (cii) Security Collections for the related Collection Period with respect to the Notes Full Prepayments and the Certificatespartial prepayments of principal on Simple Interest Contracts;
(ii) the amount of such distribution allocable to the Securityholders interest (stated separately for each Class of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment DateCertificates);
(iii) the amount Note Percentage and the Certificate Percentage as of the close of business on the last day of such distribution to the Securityholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect of overdue accrued interestCollection Period;
(iv) the Credit Enhancement Draw Amount, if any, Certificate Distributable Amount and the Note Distributable Amount for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursedDistribution Date;
(v) the aggregate Principal Balance of (a) Premium payable to the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, as of the end of the preceding Collection Period and (d) all of the Mortgage LoansInsurer;
(vi) the number amount to be on deposit in the Spread Account on such Distribution Date, before and aggregate Principal Balances after giving effect to deposits thereto and withdrawals therefrom to be made in respect of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 days and 180 or more days, respectively and (b) that have become REO, in each case as of the end of the preceding Collection Period; provided, however, that such information will not be provided on the statements relating to the first Payment Distribution Date;
(vii) the Weighted Average Net Mortgage Rate amount of the withdrawal, if any, required to be made from the Spread Account by the Indenture Trustee, specifying as to whether such amount is to be (A) deposited into the Payment Account, (B) paid to the Insurer or (C) deposited into the Certificate Distribution Account for distribution to the related Collection Period and holders of the Weighted Average Net Mortgage Rate for Residual Interests pursuant to Section 4.04(b);
(aviii) the ________ Loans, (b) aggregate Servicing Fee with respect to the _______Loans and (c) the _________ Loans Contracts for the related Collection Period;
(viii) the Special Capital Distribution Amount and the Required Special Capital Distribution Amount, in each case as the end of the related Collection Period; and
(ix) the aggregate amount of Additional Loans acquired during fees paid to the previous Collection Period with amounts in respect of Net Principal Collections from Owner Trustee, the Funding Account;
(x) Trust Agent and the aggregate Liquidation Loss Amounts Indenture Trustee, with respect to the related Collection Period, ;
(x) the amount of any remaining Note Interest Carryover Loss Amount Shortfall, Note Principal Carryover Shortfall, Certificate Interest Carryover Shortfall and Certificate Principal Carryover Shortfall on such Distribution Date and the change in such amounts from those with respect to the Notes and Certificates, respectively, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as a percentage of the sum of (a) the Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool Balanceimmediately preceding Distribution Date;
(xi) any unpaid the number of, and aggregate amount of, monthly principal and interest payments due on the Notes Contracts which are delinquent as of the end of the related Collection Period presented on a 30-day, 60-day and Certificates, respectively, after such Distribution Date90-day basis;
(xii) the aggregate Principal Balance of each Class of Notes Net Collections and of the Certificates after giving effect to the distribution of principal on Policy Claim Amount, if any, for such Payment Distribution Date;
(xiii) the respective Security Percentage applicable to the Notes and Certificates, after application aggregate amount of payments made on such Payment DateLiquidation Proceeds received for Defaulted Contracts; and-52- 57
(xiv) the net credit losses and Cram Down Losses for the Collection Period;
(xv) the number and net outstanding balance of Contracts for which the Financed Vehicle has been repossessed; and
(xvi) the Pool Balance, the Note Pool Factor for each Class of Notes and the Certificate Pool Factor as of such Distribution Date after giving effect to the distribution made on such Distribution Date. Each amount distributed set forth pursuant to Section 3.05(a)(xisubclauses (i) of the Indenture on such Payment Date. In the case of information furnished pursuant to clauses or (ii) and (iii) above, the amounts above shall be expressed as an aggregate a dollar amount per $1,000.00 of original principal amount of a Note or original Certificate with Balance, as the case may be.
(b) Within a $1,000 denomination. Prior to reasonable period of time after the close end of business on each calendar year, but not later than the Business Day next succeeding each Determination Datelatest date permitted by law, the Servicer shall prepare and furnish a written statement to the CompanyIssuer, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting and each Paying Agent, and the Paying Agent for the Notes and the Paying Agent for the Certificates shall furnish to each Person who on any Record Date during such calendar year shall have been a Holder of a Note or a Certificate, respectively, a statement or statements containing the sum of the amounts set forth in clauses (i) all the foregoing information, and (ii) above for such calendar year and such other information as is reasonably necessary for the aggregate amounts required to be withdrawn from the Collection Account and deposited into the Payment Account on the Business Day preceding the Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) preparation of such Person's federal income tax return in respect of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture. The determination by the Servicer of such amounts shallNotes or Certificates or, in the absence event such Person shall have been a Holder of obvious errora Note or a Certificate during a portion of such calendar year, be presumptively deemed to be correct for all the applicable portion of such year, for the purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check of such Noteholder's or verification. In addition, upon the Company’s written request, the Servicer shall promptly furnish information reasonably requested by the Company that is reasonably available to the Servicer to enable the Company to perform its Certificateholder's preparation of federal and state income tax reporting obligationsreturns.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Onyx Acceptance Financial Corp)
Statements to Securityholders. (a) With respect to On each Payment Distribution Date, the Servicer shall provide to the Owner Trustee (with copies to the Depositor, the Insurer, the Rating Agencies and each Paying Agent) to forward to each Certificateholder of record, and to the Indenture Trustee and the Indenture Trustee pursuant to Section 3.26 of the Indenture shall forward or cause to be forwarded by mail to each CertificateholderNoteholder of record a statement, Noteholder, based on the Credit Enhancer, the Depositor, the Owner Trustee, the related Servicer's Certificate Paying Agent and each Rating Agency, a statement setting forth at least the following information as to the Notes Securities with respect to the related Distribution Date and CertificatesCollection Period, to the extent applicable:
(i) the aggregate amount of (a) Security Interest Collections with respect such distribution allocable to the Notes and the Certificates, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections principal for the related Collection Period with respect to the each Class of Notes and the Certificates;
(ii) the amount of such distribution allocable to the Securityholders current and overdue interest (including any interest on overdue interest), as allocated to each Class of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment DateCertificates;
(iii) the amount of such distribution to the Securityholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect of overdue accrued interestAvailable Collections;
(iv) the Credit Enhancement Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursed;
(v) the aggregate Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, as of the end of the preceding Collection Period and (d) all of the Mortgage Loans;
(vi) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 days and 180 or more days, respectively and (b) Receivables that have become REO, in each case as of the end of the preceding Collection Period; provided, however, that such information will not be provided on the statements relating to the first Payment Date;
(vii) the Weighted Average Net Mortgage Rate for the related Collection Period and the Weighted Average Net Mortgage Rate for (a) the ________ Loans, (b) the _______Loans and (c) the _________ Loans for became Defaulted Receivables during the related Collection Period;
(viiiv) the Special Capital Distribution Amount and Pool Balance as of the Required Special Capital Distribution Amount, in each case as close of business on the end last day of the related Collection Period; and;
(vi) the Note Distributable Amount and the Certificate Distributable Amount;
(vii) the Servicing Fee paid to the Servicer;
(viii) the aggregate outstanding principal balance of each Class of Notes, the Note Pool Factor with respect to each Class of Notes, the Certificate Balance and the Certificate Pool Factor (in each case after giving effect to payments allocated to principal reported under clause (i) above);
(ix) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding AccountTrust Fees and Expenses;
(x) the Insurance Premiums;
(xi) the Unreimbursed Insurance Payments, if any;
(xii) the Insurance Payment Amount, if any;
(xiii) the Reserve Fund Amount on such Distribution Date, after giving effect to all deposits thereto and withdrawals therefrom made on such Distribution Date or the related Deposit Date, if any, and the change in such balance from the immediately preceding Distribution Date;
(xiv) the Reserve Fund Draw Amount, if any;
(xv) the aggregate Liquidation Loss Amounts Repurchase Amount of Receivables repurchased by the Seller or purchased by the Servicer, if any, with respect to the related Collection Period;
(xvi) the number and aggregate Principal Balance of Receivables that were 31-60 days, 61-90 days and 91 days or more delinquent as of the amount last day of any remaining Carryover Loss Amount the preceding Collection Period; and
(xvii) the Net Losses with respect to the Notes and Certificates, respectively, and the aggregate of the Liquidation Loss Amounts from all related Collection Periods to date expressed as a percentage of the sum of (a) the Cut-Off Date Pool Balance and (b) the Period. Each amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool Balance;
(xi) any unpaid interest set forth on the Notes and CertificatesDistribution Date statement under clauses (i), respectively, after such Distribution Date;
(xii) the aggregate Principal Balance of each Class of Notes and of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiii) the respective Security Percentage applicable to the Notes and Certificates, after application of payments made on such Payment Date; and
(xiv) the amount distributed pursuant to Section 3.05(a)(xi) of the Indenture on such Payment Date. In the case of information furnished pursuant to clauses (ii) and (iiiv) above, the amounts above shall be expressed as an aggregate a dollar amount per $1,000 of original principal balance of a Note or the Initial Certificate with Balance of a $1,000 denominationCertificate, as the case may be.
(b) Within the prescribed period of time for tax reporting purposes after the end of each calendar year during the term of the Issuer, but not later than the latest date permitted by law, the related Trustee shall mail to each Person who at any time during such calendar year shall have been a Securityholder, a statement, prepared by the Servicer, containing certain information for such calendar year or, in the event such Person shall have been a Securityholder during a portion of such calendar year, for the applicable portion of such year, for the purposes of such Securityholder's preparation of federal income tax returns. Prior to the close of business on the Business Day next succeeding each Determination DateIn addition, the Servicer shall furnish a written statement to the Company, Trustees for distribution to such Person at such time any other information necessary under applicable law for the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Account and deposited into the Payment Account on the Business Day preceding the Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture. The determination by the Servicer preparation of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s written request, the Servicer shall promptly furnish information reasonably requested by the Company that is reasonably available to the Servicer to enable the Company to perform its federal and state income tax reporting obligationsreturns.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Pooled Auto Securities Shelf LLC)
Statements to Securityholders. (a) With respect to each Payment Date, the Servicer shall forward to the Indenture Trustee and the Indenture Trustee pursuant to Section 3.26 of the Indenture shall forward or cause to be forwarded by mail to each Certificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement setting forth the following information as to the Notes and Certificates, to the extent applicable:
(i) the aggregate amount of (a) Security Interest Collections with respect to the Notes and the Certificates, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections for the related Collection Period with respect to the Notes and the Certificates;
(ii) the amount of such distribution to the Securityholders of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment Date;
(iii) the amount of such distribution to the Securityholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect of overdue accrued interest;
(iv) the Credit Enhancement Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursed;
(v) the aggregate Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, as of the end of the preceding Collection Period and (d) all of the Mortgage Loans;
(vi) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 days and 180 or more days, respectively and (b) that have become REO, in each case as of the end of the preceding Collection Period; provided, however, that such information will not be provided on the statements relating to the first Payment Date;
(vii) the Weighted Average Net Mortgage Rate for the related Collection Period and the Weighted Average Net Mortgage Rate for (a) the ________ Loans, (b) the _______Loans and (c) the _________ Loans for the related Collection Period;
(viiivii) the Special Capital Distribution Amount and the Required Special Capital Distribution Amount, in each case as the end of the related Collection Period; and
(ixviii) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account;
(xix) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any remaining Carryover Loss Amount with respect to the Notes and Certificates, respectively, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as a percentage of the sum of (a) the Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred to the Company Depositor exceeds the Cut-Off Date Pool Balance;
(xix) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date;
(xiixi) the aggregate Principal Balance of each Class of Notes and of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiiixii) the respective Security Percentage applicable to the Notes and Certificates, after application of payments made on such Payment Date; and;
(xivxiii) the amount distributed pursuant to Section 3.05(a)(xi) of the Indenture on such Payment Date;
(xiv) the applicable record dates, accrual periods, determination dates for calculating distributions and general distribution dates;
(xv) the total cash flow received and the general sources thereof;
(xvi) the related amount of the Servicing Fees paid to or retained by the Master Servicer for the related Due Period;
(xvii) the amount of any Net Swap Payment payable to the Derivative Administrator, any Net Swap Payment payable to the Swap Provider, any Swap Termination Payment payable to the Derivative Administrator and any Swap Termination Payment payable to the Swap Provider;
(xviii) the Interest Carry Forward Amount and any Basis Risk Shortfall Carry Forward Amount for each Class of Certificates;
(xix) the Certificate Principal Balance or Certificate Notional Amount, as applicable, of each Class after giving effect (i) to all distributions allocable to principal on such Distribution Date and (ii) the allocation of any Applied Realized Loss Amounts for such Distribution Date;
(xx) the number and Stated Principal Balance of the Mortgage Loans in each Loan Group in respect of which (A) one Scheduled Payment is Delinquent, (B) two Scheduled Payments are Delinquent, (C) three or more Scheduled Payments are Delinquent and (D) foreclosure proceedings have been commenced, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date and separately identifying such information for the (1) first lien Mortgage Loans, (2) second lien Mortgage Loans, and (3) Adjustable Rate Mortgage Loans, in each such Loan Group; PROVIDED, HOWEVER, that such information will not be provided on the statements relating to the first Payment Date;
(xxi) the amount of Advances included in the distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances at the close of business on the Distribution Date, and the general source of funds for reimbursements;
(xxii) the cumulative amount of Applied Realized Loss Amounts to date;
(xxiii) if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time;
(xxiv) with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the loan number and Stated Principal Balance of, and Realized Loss on, such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date;
(xxv) the total number and principal balance of any real estate owned or REO Properties as of the close of business on the Determination Date preceding such Distribution Date;
(xxvi) the three month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the aggregate Stated Principal Balance of all of the Mortgage Loans in each case as of the close of business on the last day of the calendar month preceding such Distribution Date and separately identifying such information for the (1) first lien Mortgage Loans, and (2) Adjustable Rate Mortgage Loans;
(xxvii) the Realized Losses during the related Prepayment Period and the cumulative Realized Losses through the end of the preceding month;
(xxviii) whether a Trigger Event exists;
(xxix) updated pool composition data including the following with respect to each Loan Group: average loan balance, weighted average mortgage rate, weighted average loan-to-value ratio at origination, weighted average FICO at origination weighted average remaining term; and [NOTE - Item 1121(a)(8) requires updated pool composition information, the foregoing is a suggestion of what to provide]
(xxx) information about any additions of, substitutions for or removal of any Mortgage Loans from the Trust Fund, and any changes in the underwriting, acquisition or selection criteria as to any Mortgage Loans added to the Trust Fund. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate with a $1,000 denomination. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the CompanyDepositor, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Account and deposited into the Payment Account on the Business Day preceding the Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s Depositor 's written request, the Servicer shall promptly furnish information reasonably requested by the Company Depositor that is reasonably available to the Servicer to enable the Company Depositor to perform its federal and state income tax reporting obligations.
Appears in 1 contract
Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Servicer shall forward the Servicing Certificate to the Indenture Trustee and the Enhancer, and the Indenture Trustee Trustee, pursuant to Section 3.26 of the Indenture Indenture, shall forward or cause to be forwarded by mail make such Servicing Certificate available to each Certificateholder, each Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, with a statement setting copy to the Enhancer. The Servicing Certificate shall set forth the following information as to the Notes and Certificates, to the extent applicable:
(i) the aggregate amount of (a) Security Interest Collections with respect to the Notes and the CertificatesCollections, (b) aggregate Security Principal Collections (and, with respect to any Payment Date relating to the Notes and the Certificates and Managed Amortization Period, Net Principal Collections), (c) Security Collections Substitution Adjustment Amounts and (d) Excess Spread, for the related Collection Period with respect to the Notes and the CertificatesPeriod;
(ii) the amount of such distribution as principal to the Securityholders Noteholders of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect each Class of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment DateNotes;
(iii) the amount of such distribution as interest to the Securityholders Noteholders of each Class of Notes, the Notes and the Certificates allocable to interest and separately stating the portion thereof amount thereof, if any, payable in respect of overdue accrued interestunpaid Interest Shortfalls, and the amount of any Interest Shortfalls and Relief Act Shortfalls for the related Payment Date;
(iv) the Credit Enhancement Draw Amounteach Policy Payment, if any, for such Payment Date and the aggregate amount of prior draws on the Policy thereunder not yet reimbursed;
(v) the amount of such distribution to the Certificateholders;
(vi) the amount of any Additional Balance Increase Amount payable to the Certificateholders;
(vii) the aggregate Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, Mortgage Loans as of the end of the preceding related Collection Period and (d) all of the Mortgage LoansPeriod;
(viviii) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days, 150-179 days and greater than 180 or more days, respectively and respectively, (b) that have the related Mortgaged Property of which has been foreclosed upon and (c) as to which the related Mortgaged Property has become REOREO Property, in each case as of the end of the preceding related Collection Period; provided, however, that such information will shall not be provided on the statements relating to the first Payment Date;
(viiix) the Weighted Average Net number and aggregate Principal Balance of Mortgage Rate for Loans repurchased pursuant to Section 3.15(a) herein during the related Collection Period and the Weighted Average Net Mortgage Rate for Period;
(ax) the ________ Loans, (b) the _______Loans and (c) the _________ Loans Net WAC Rate for the related Collection Period;
(viiixi) prior to the Special Capital Distribution Amount and second Determination Date following the Required Special Capital Distribution Amount, in each case as the end commencement of the related Collection Rapid Amortization Period; and
(ix) , the aggregate amount of Additional Loans acquired Balances created during the previous related Collection Period with amounts in respect and conveyed to the Issuer prior to the commencement of Net Principal Collections from the Funding Accountsuch Rapid Amortization Period;
(xxii) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any remaining Carryover Loss Amount with respect distributed as principal to Noteholders or paid to the Notes and Certificates, respectively, Funding Account in respect of Liquidation Loss Amounts and the aggregate of the Liquidation Loss Amounts (minus any Subsequent Net Recovery Amounts) from all Collection Periods to date expressed as dollar amount and as a percentage of the sum of (a) the aggregate Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as Principal Balances of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool BalanceMortgage Loans;
(xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date;
(xiixiii) the aggregate Principal Note Balance of each Class of Notes and the Certificate Balance of each Class of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiiixiv) the respective Security balance of the Pre-Funding Account, Capitalized Interest Account, Funding Account and the Reserve Sub-Account as of the end of the related Collection Period;
(xv) the Percentage Interest applicable to each of the Notes and CertificatesSecurities, after application of payments made on such Payment Date;
(xvi) the Overcollateralization Amount as of the end of the related Collection Period and whether the Excess Spread Test is satisfied as of the end of the related Collection Period; and
(xivxvii) the amount distributed pursuant aggregate Principal Balance of Subsequent Mortgage Loans transferred to Section 3.05(a)(xi) of the Indenture on such Payment DateTrust Estate during the related Collection Period. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate, as applicable, with a $25,000 denomination and per Certificate with a $1,000 denominationdenomination equal to a 100% Percentage Interest. If a Rapid Amortization Event or a Servicing Default shall occur, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee and the Enhancer, a statement to such effect, including the nature of such Rapid Amortization Event or Servicing Default. Upon the Servicer's becoming aware of any Early Amortization Event, the Servicer shall forward to the Indenture Trustee and the Enhancer, a statement to such effect, including the nature of such Early Amortization Event. The Indenture Trustee, pursuant to Section 3.26 of the Indenture, shall deliver or cause to be delivered by mail to each Certificateholder, each Noteholder, the Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, notice of such Rapid Amortization Event, Early Amortization Event or Servicing Default, including, the nature thereof. Such statement may be included in, or separate from, the regular statement sent to Securityholders. The Indenture Trustee will make the Servicing Certificate (and, at its option, any additional files containing the same information in an alternative format) available each month to Securityholders, and other parties to this Agreement via the Indenture Trustee's internet website. The Indenture Trustee's internet website shall initially be located at "www.ctslink.com." Assistance in ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇te can be obtained by calling the Indenture Trustee's customer service desk at (301) 815-6600. Parties that ▇▇▇ ▇▇▇▇▇▇ ▇▇ use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Indenture Trustee shall have the right to change the way the statements to Securityholders are distributed in order to make such distribution more convenient or more accessible to the above parties and the Indenture Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The Indenture Trustee may require registration and the acceptance of a disclaimer in connection with access to its website.
(b) The Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Custodial Account and the Reserve Sub-Account and deposited into the Note Payment Account, Reserve Sub-Account, Funding Account or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be presumptively correct for all purposes hereunder hereunder, and the Owner Trustee and the Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s Issuer's written request, the Servicer shall promptly furnish such information reasonably requested by the Company Issuer that is reasonably available to the Servicer to enable the Company Issuer to perform its federal and state income tax reporting obligations.
(c) If the Note Balance of the Variable Pay Revolving Notes is to be reduced on any Payment Date pursuant to the terms of the Indenture, the Servicer shall, not later than 12:00 Noon (New York time) on the second Business Day prior to such Payment Date, deliver a written notice to the Administrative Agent specifying the amount of such reduction.
Appears in 1 contract
Sources: Servicing Agreement (Gmacm Home Equity Loan Trust 2004-He3)
Statements to Securityholders. (a) With respect to On each Payment ----------------------------- Distribution Date, the Servicer shall forward to the Indenture Trustee and the Indenture Trustee pursuant to Section 3.26 of the Indenture shall forward or cause to be forwarded by mail to each Certificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, or the Certificate Paying Agent Agent, shall include with each distribution to a Certificateholder, and the Indenture Trustee shall mail to each Rating Agency, Noteholder a statement setting prepared by the Servicer (which statement shall also be provided to the Rating Agencies), based on information in the Servicer's Certificate furnished pursuant to Section 3.9. Each such statement shall set forth the following information as to the Notes and CertificatesSecurities with respect to such Distribution Date or the preceding Collection Period, to the extent as applicable:
(i) the aggregate amount of (a) Security Interest Collections the distribution allocable to principal with respect to the each class of Notes and the Certificates, (b) aggregate Security Principal Collections with respect to the Notes and any distributions on the Certificates and (c) Security Collections for the related Collection Period with respect to the Notes and the Certificatesderivation of such amounts;
(ii) the amount of such the distribution allocable to the Securityholders interest on or with respect to each class of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment DateCertificates;
(iii) the amount of such distribution the Total Servicing Fee paid or payable to the Securityholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof Servicer in respect of overdue accrued interestthe related Collection Period;
(iv) the Credit Enhancement Draw Amount, aggregate Outstanding Advances (if any, for such Payment Date ) as of the last day of the preceding Collection Period and the aggregate change in such amount of prior draws thereunder not yet reimbursedfrom the previous Collection Period;
(v) the aggregate Principal Aggregate Receivables Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, as of the end close of business on the last day of the preceding Collection Period and (d) all of the Mortgage LoansPeriod;
(vi) the number aggregate outstanding principal balance and aggregate Principal Balances the Note Pool Factor for each class of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 days and 180 or more days, respectively and (b) that have become REOsuch Notes, in each case as of the end of the preceding Collection Period; provided, however, that after giving effect to all payments reported under clause (i) above on such information will not be provided on the statements relating to the first Payment Datedate;
(vii) the Weighted Average Net Mortgage Rate amount of the aggregate Realized Losses, if any, for the related Collection Period and the Weighted Average Net Mortgage Rate for (a) the ________ Loans, (b) the _______Loans and (c) the _________ Loans for the related preceding Collection Period;
(viii) the Special Capital Distribution Amount Noteholders' Interest Carryover Shortfall, the Class A Noteholders' Interest Carryover Shortfall, the Class B Noteholders' Principal Carryover Shortfall, the Certificateholders' Interest Carryover Shortfall and the Required Special Capital Distribution AmountCertificateholders' Principal Carryover Shortfall, if any, in each case as applicable to each class of Securities and the end of change in such amounts from the related Collection Period; andpreceding statement;
(ix) the aggregate amount of Additional Loans acquired during Repurchase Amount with respect to Purchased Receivables, if any, that were repurchased by the previous Seller or purchased by the Servicer in such Collection Period with amounts in respect of Net Principal Collections from the Funding AccountPeriod;
(x) the aggregate Liquidation Loss Amounts with respect balance of the Reserve Account, as of such date, after giving effect to changes therein on such date, calculation of the related Collection PeriodAverage Delinquency Ratio, the amount of any remaining Carryover Average Net Loss Amount with respect to the Notes and Certificates, respectively, Ratio and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as a percentage of the sum of (a) the Cut-Off Date Pool Specified Reserve Account Balance and (b) the amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool Balance;on such date; and
(xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date;Gross Loss Ratio.
(xiib) Within a reasonable period of time after the aggregate Principal Balance end of each Class of Notes and of calendar year, but not later than the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiii) the respective Security Percentage applicable to the Notes and Certificates, after application of payments made on such Payment Date; and
(xiv) the amount distributed pursuant to Section 3.05(a)(xi) of the Indenture on such Payment Date. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate with a $1,000 denomination. Prior to the close of business on the Business Day next succeeding each Determination Datelatest date permitted by law, the Servicer shall furnish a written statement report to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Account and deposited into the Payment Account on the Business Day preceding the Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and the Indenture Trustee or the Owner Trustee, as applicable, shall furnish, or cause to be protected furnished, to each Person who at any time during such calendar year shall have been a Securityholder, such statement as to the sum of the amounts determined in relying upon clauses (i), (ii), (iii), (viii) and (x) above for such calendar year, or, in the same without any independent check or verification. In additionevent such Person shall have been a Securityholder during a portion of such calendar year, upon for the Company’s written requestapplicable portion of such year, the Servicer shall promptly furnish and such other information reasonably requested by the Company that as is reasonably available to the Servicer as the Servicer deems necessary or desirable to enable the Company Securityholders to perform its prepare their federal and state income tax reporting obligationsreturns.
Appears in 1 contract
Sources: Sale and Servicing Agreement (First Security Bank Na)
Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date the Master Servicer shall forward to the Indenture Trustee and the Indenture Trustee pursuant to Section 3.26 of the Indenture shall forward or cause to be forwarded by mail to each Certificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement setting forth the following information as to the Notes and Certificates, to the extent applicable:
(i) the aggregate amount of (a) Security Interest Collections with respect to the Notes and the CertificatesCollections, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections for the related Collection Period with respect to the Notes and the CertificatesSubstitution Adjustment Amounts;
(ii) the amount of such distribution as principal to the Securityholders of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment DateNoteholders;
(iii) the amount of such distribution as interest to the Securityholders of the Notes and the Certificates allocable to interest and Noteholders, separately stating the portion thereof in respect of overdue accrued interest;
(iv) the amount of any Credit Enhancement Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursed;
(v) the aggregate amount of such distribution as principal and interest to the Certificateholders of the Certificates, separately stating the portion thereof which resulted in a reduction of the Certificate Principal Balance of thereof;
(avi) the ________ Loans, (b) aggregate Loan Balance of the ______ Loans, (c) the _________ Loans, Revolving Credit Loans as of the end of the preceding Collection Period and (d) all of the Mortgage LoansPeriod;
(vivii) the number and aggregate Principal Loan Balances of Mortgage Revolving Credit Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 days and 180 90 or more days, respectively respectively, (b) that are foreclosed and (bc) that have become REO, in each case as of the end of the preceding Collection Period; provided, however, that such information will not be provided on the statements relating to the first Payment Date;
(viiviii) the Weighted Average weighted average Net Mortgage Loan Rate for the related Collection Period and the Weighted Average Net Mortgage Rate for (a) the ________ Loans, (b) the _______Loans and (c) the _________ Loans for the related Collection Period;
(viii) the Special Capital Distribution Amount and the Required Special Capital Distribution Amount, in each case as the end of the related Collection Period; and
(ix) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account;
(x) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any remaining Carryover Liquidation Loss Amount Distribution Amounts with respect to the Notes and Certificates, respectivelyNotes, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollars and as a percentage of the sum of aggregate Cut-off Date Loan Balance;
(ax) the Cut-Off Date Pool Balance aggregate Excess Loss Amounts with respect to the related Collection Period and (b) the amount by which the Pool Balance as aggregate of the latest date that the Additional Loans have been transferred Excess Loss Amounts from all Collection Periods to the Company exceeds the Cut-Off Date Pool Balancedate;
(xi) any unpaid interest on the Notes aggregate Special Hazard Losses, Fraud Losses, Bankruptcy Losses and Certificates, respectively, after losses caused by or resulting from an Extraordinary Event with respect to the related Collection Period and the aggregate of each of such Distribution Datelosses from all Collection Periods to date;
(xii) the aggregate Principal Note Balance of each Class of Notes and the Certificate Principal Balance of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiii) the respective Security Percentage applicable to aggregate Servicing Fees for the Notes related Collection Period and Certificates, after application the aggregate amount of payments made on such Payment DateDraws for the related Collection Period; and
(xiv) the amount distributed pursuant to Section 3.05(a)(xi) of Outstanding Reserve Amount, the Indenture on Special Hazard Amount, the Fraud Loss Amount, the Bankruptcy Loss Amount and the Reserve Amount Target immediately following such Payment Date. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Variable Funding Note, Term Note or Certificate Certificate, as applicable, with a $1,000 denomination. In addition the Master Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.5 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Master Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Custodial Account and deposited into the Payment Account on the Business Day preceding the related Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture3.3. The determination by the Master Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s Issuer's written request, the Master Servicer shall promptly furnish information reasonably requested by the Company Issuer that is reasonably available to the Master Servicer to enable the Company Issuer to perform its federal and state income tax reporting obligations.
Appears in 1 contract
Sources: Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Servicer shall forward the Servicing Certificate to the Indenture Trustee Trustee, and the Indenture Trustee Trustee, pursuant to Section 3.26 of the Indenture Indenture, shall forward or cause to be forwarded by mail make such Servicing Certificate available to each Certificateholder, each Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, with a statement setting copy to the Enhancer. The Servicing Certificate shall set forth the following information as to the Notes and Certificates, to the extent applicable:
(i) the aggregate amount of (a) Security Interest Collections with respect to the Notes and the CertificatesCollections, (b) aggregate Security Principal Collections (and, with respect to any Payment Date relating to the Notes and the Certificates Managed Amortization Period, Net Principal Collections) and (c) Security Collections Substitution Adjustment Amounts for the related such Collection Period with respect to the Notes and the CertificatesPeriod;
(ii) the amount of such distribution as principal to the Securityholders Noteholders of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect each Class of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment DateNotes;
(iii) the amount of such distribution as interest to the Securityholders Noteholders of each Class of Notes, the Notes and the Certificates allocable to interest and separately stating the portion thereof amount thereof, if any, payable in respect of overdue accrued interestunpaid Interest Shortfalls, and the amount of any Interest Shortfalls for the related Payment Date;
(iv) the Credit Enhancement each Policy Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws on the Policy thereunder not yet reimbursed;
(v) the amount of such distribution to the Certificateholders;
(vi) the amount of any Additional Balance Increase Amount payable to the Certificateholders;
(vii) the aggregate Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, Mortgage Loans as of the end of the preceding Collection Period and (d) all of the Mortgage LoansPeriod;
(viviii) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 119 days, 120-149 days and 180 or more 150-179 days, respectively and respectively, (b) that have the related Mortgaged Property of which has been foreclosed upon and (c) as to which the related Mortgaged Property has become REOREO Property, in each case as of the end of the preceding Collection Period; provided, however, that such information will shall not be provided on the statements relating to the first Payment Date;
(viiix) the Weighted Average Net number and aggregate Principal Balance of Mortgage Rate for the related Loans repurchased pursuant to Section 3.15(a) herein during such Collection Period and the Weighted Average Net Mortgage Rate for Period;
(ax) the ________ Loans, (b) the _______Loans and (c) the _________ Loans Net WAC Rate for the related Collection Period;
(viiixi) prior to the Special Capital Distribution Amount and second Determination Date following the Required Special Capital Distribution Amount, in each case as the end commencement of the related Collection Rapid Amortization Period; and
(ix) , the aggregate amount of Additional Loans acquired Balances created during the previous Collection Period with amounts in respect and conveyed to the Issuer prior to the commencement of Net Principal Collections from the Funding Accountsuch Rapid Amortization Period;
(xxii) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount distributed as principal to Noteholders in respect of any remaining Carryover Liquidation Loss Amount with respect to the Notes and Certificates, respectively, Amounts and the aggregate of the Liquidation Loss Amounts (minus any Subsequent Net Recovery Amounts) from all Collection Periods to date expressed as dollar amount and as a percentage of the sum of (a) the aggregate Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as Principal Balances of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool BalanceMortgage Loans;
(xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date;
(xiixiii) the aggregate Principal Note Balance of each Class of Notes and the Certificate Balance of each Class of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiiixiv) the respective Security balance of the Pre-Funding Account, Funding Account and Capitalized Interest Account as of the end of the preceding Collection Period;
(xv) the Percentage Interest applicable to each of the Notes and CertificatesSecurities, after application of payments made on such Payment Date;
(xvi) the Overcollateralization Amount as of the end of the preceding Collection Period; and
(xivxvii) the amount distributed pursuant aggregate Principal Balance of Subsequent Mortgage Loans transferred to Section 3.05(a)(xi) of the Indenture on such Payment DateTrust Estate. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate, as applicable, with a $25,000 denomination and per Certificate with a $1,000 denominationdenomination equal to a 100% Percentage Interest. If a Managed Amortization Event, a Rapid Amortization Event or a Servicing Default shall occur, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee, a statement to such effect, including the nature of such Rapid Amortization Event or Servicing Default. The Indenture Trustee, pursuant to Section 3.26 of the Indenture, shall deliver or cause to be delivered by mail to each Certificateholder, each Noteholder, the Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, notice of such Managed Amortization Event, Rapid Amortization Event or Servicing Default, including, in the case of a Rapid Amortization Event or a Servicing Default, the nature thereof. Such statement may be included in, or separate from, the regular statement sent to Securityholders. The Indenture Trustee will make the Servicing Certificate (and, at its option, any additional files containing the same information in an alternative format) available each month to Securityholders, and other parties to this Agreement via the Indenture Trustee's internet website. The Indenture Trustee's internet website shall initially be located at "www.ctslink.com". Assistance in usi▇▇ ▇▇▇ ▇▇▇▇▇▇▇ can be obtained by calling the Indenture Trustee's customer service desk at (301) 815-6600. Parties that are ▇▇▇▇▇▇ ▇▇ ▇▇e the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Indenture Trustee shall have the right to change the way the statements to Securityholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Indenture Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The Indenture Trustee may require registration and the acceptance of a disclaimer in connection with access to its website.
(b) The Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Custodial Account and deposited into the Note Payment Account, Funding Account and/or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be presumptively correct for all purposes hereunder hereunder, and the Owner Trustee and the Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s Issuer's written request, the Servicer shall promptly furnish such information reasonably requested by the Company Issuer that is reasonably available to the Servicer to enable the Company Issuer to perform its federal and state income tax reporting obligations.
Appears in 1 contract
Sources: Servicing Agreement (Residential Asset Mortgage Products Inc)
Statements to Securityholders. (a) With respect On or prior to each Payment Date, the Servicer shall forward provide to the Indenture Trustee and the Indenture Owner Trustee pursuant (with a copy to Section 3.26 of the Indenture shall Note Insurer and the Rating Agencies) for the Trustee and Owner Trustee to forward or cause to be forwarded by mail to each Certificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, Securityholder of record a statement setting forth at least the following information as to the Notes and Certificates, the Certificates to the extent applicable:
(i) the aggregate amount of (a) Security Interest Collections with respect such distribution allocable to principal of the Class A-1 Notes, the Class A-2 Notes, the Class A-3 Notes, the Class A-4 Notes and the CertificatesClass A-5 Notes, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections for the related Collection Period with respect to the Notes and the Certificatesrespectively;
(ii) the amount of such distribution allocable to interest on or with respect to the Securityholders of Class A-1 Notes, the Class A-2 Notes, the Class A-3 Notes, the Class A-4 Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment DateClass A-5 Notes, respectively;
(iii) the amount of such distribution payable out of amounts withdrawn from the Spread Account or pursuant to a claim on the Securityholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect of overdue accrued interestNote Policy;
(iv) the Credit Enhancement Draw Amount, if any, for such Payment Date and Pool Balance as of the aggregate amount close of prior draws thereunder not yet reimbursedbusiness on the last day of the preceding Collection Period;
(v) the aggregate Principal Balance outstanding principal amount of each Class of Notes, the Note Pool Factor for each Class of Notes after giving effect to payments allocated to principal reported under clause (ai) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, as of the end of the preceding Collection Period and (d) all of the Mortgage Loansabove;
(vi) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 days and 180 or more days, respectively and (b) that have become REO, in each case as amount of the end of Servicing Fee paid to the preceding Servicer with respect to the related Collection Period; provided, however, that and the amount of any unpaid Servicing Fees and the change in such information will not be provided on amount from the statements relating to the first prior Payment Date;
(vii) the Weighted Average Net Mortgage Rate for amount of each of the related Collection Period Standby Fee, the Trustee Fee and the Weighted Average Net Mortgage Rate for (a) Collateral Agent Fee paid to the ________ LoansStandby Servicer, (b) the _______Loans and (c) the _________ Loans for the related Collection Period;
(viii) the Special Capital Distribution Amount Trustee and the Required Special Capital Distribution AmountCollateral Agent, in each case as the end of the related Collection Period; and
(ix) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account;
(x) the aggregate Liquidation Loss Amounts applicable, with respect to the related Collection Period, and the amount of any remaining unpaid Standby Fees, Trustee Fees and Collateral Agent Fees and the change in such amount from the prior Payment Date;
(viii) the Class A-1 Noteholders' Interest Carryover Loss Amount with respect to Shortfall, the Notes Class A-2 Noteholders' Interest Carryover Shortfall, the Class A-3 Noteholders' Interest Carryover Shortfall, the Class A-4 Noteholders' Interest Carryover Shortfall, the Class A-5 Noteholders' Interest Carryover Shortfall and Certificates, respectively, the Noteholders' Principal Carryover Shortfall;
(ix) the number of Receivables and the aggregate of gross amount scheduled to be paid thereon, including unearned finance and other charges, for which the Liquidation Loss Amounts from all Collection Periods to date expressed as a percentage of the sum of related Obligors are delinquent in making Scheduled Receivable Payments for (a) the Cut-Off Date Pool Balance and 31 to 59 days, (b) 60 to 89 days, (c) 90 to 119 days, (d) 120 to 149 days, (e) 150 to 179 days, (f) 180 to 209 days and (g) 210 days or more;
(x) the amount by which the Pool Balance as of the latest date that aggregate Realized Losses, if any, for the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool Balancesecond preceding Collection Period;
(xi) the amount of any unpaid interest on payments made with respect to the Notes related Payment Date pursuant to Sections 5.12(a)(i), (ii) and Certificates(iii), respectively, after such Distribution Date;
(xii) the number and the aggregate Principal Balance of each Class of Notes Purchase Amounts for Receivables, if any, that were repurchased in such period and of the Certificates after giving effect summary information as to losses and delinquencies with respect to the distribution of principal on such Payment DateReceivables;
(xiii) for Payment Dates during the respective Security Percentage applicable Funding Period (if any), the remaining Pre-Funded Amount;
(xiv) for the final Subsequent Transfer Date, the amount of any remaining Pre-Funded Amount that has not been used to fund the Notes and Certificates, after application purchase of payments made on such Payment DateSubsequent Receivables; and
(xivxv) the cumulative amount distributed of Realized Losses, from the Initial Cutoff Date to the last day of the related Collection Period. Each amount set forth pursuant to Section 3.05(a)(xi) of the Indenture on such Payment Date. In the case of information furnished pursuant to clauses paragraphs (i), (ii), (iii), (vi), (vii), (viii) and (iiixi) above, the amounts above shall be expressed as an aggregate a dollar amount per Note or Certificate with a $1,000 denomination. Prior to of the close initial principal balance of business on the Business Day next succeeding Notes (or Class thereof) or Certificates, as applicable.
(b) Within 60 days after the end of each Determination Datecalendar year, the Servicer shall furnish a written statement deliver to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee a statement setting forth the amounts paid during such preceding calendar year in respect of (i) all principal of the foregoing informationNotes, (ii) the aggregate amounts required to be withdrawn from the Collection Account and deposited into the Payment Account interest on the Business Day preceding the Payment Date pursuant to Section 3.03 Notes and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s written request, the Servicer shall promptly furnish information reasonably requested by the Company that is reasonably available to the Servicer to enable the Company to perform its federal and state income tax reporting obligations.)
Appears in 1 contract
Sources: Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Servicer shall forward the Servicing Certificate and a computer file containing mutually agreed upon loan level information to the Indenture Trustee Trustee, and the Indenture Trustee Trustee, pursuant to Section 3.26 of the Indenture Indenture, shall forward or cause to be forwarded by mail make such Servicing Certificate available to each Certificateholder, each Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent Agent, the ISDA Counterparty and each Rating Agency, a statement setting . The Servicing Certificate shall set forth the following information as to the Notes and Certificates, to the extent applicable:
(i) for each Loan Group, the aggregate amount of (a) Security Interest Collections with respect to the Notes and the CertificatesCollections, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates Collections, and (c) Security Collections Substitution Adjustment Amounts for the related such Collection Period with respect to the Notes and the CertificatesPeriod;
(ii) the amount of such distribution as principal to the Securityholders Noteholders of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect each Class of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment DateNotes;
(iii) the amount of such distribution as interest to the Securityholders Noteholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect each Class of overdue accrued interestNotes;
(iv) the Credit Enhancement Policy Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws on the Policy thereunder not yet reimbursed;
(v) the amount of such distribution to the Certificateholders;
(vi) the aggregate Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, Home Loans in each Loan Group as of the end of the preceding Collection Period and (d) all of the Mortgage LoansPeriod;
(vivii) the number and aggregate Principal Balances of Mortgage Home Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 119 days, 120-149 days and 180 or more 150-179 days, respectively and respectively, (b) that have the related Mortgaged Property of which has been foreclosed upon and (c) as to which the related Mortgaged Property has become REOREO Property, in each case as of the end of the preceding Collection Period; provided, however, that such information will shall not be provided on the statements relating to the first Payment Date;
(vii) the Weighted Average Net Mortgage Rate for the related Collection Period and the Weighted Average Net Mortgage Rate for (a) the ________ Loans, (b) the _______Loans and (c) the _________ Loans for the related Collection Period;
(viii) the Special Capital Distribution Amount and the Required Special Capital Distribution Amount, in each case as the end of the related Collection Period; and
(ix) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account;
(x) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount distributed as principal to Noteholders in respect of any remaining Carryover Liquidation Loss Amount with respect to the Notes and Certificates, respectively, Amounts and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollar amount and as a percentage of the sum of (a) the aggregate Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as Principal Balances of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool BalanceHome Loans;
(xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date;
(xiiix) the aggregate Principal Note Balance of each Class of Notes and the Certificate Balance of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiiix) the respective Security amount on deposit in each of the Pre-Funding Account and Capitalized Interest Account as of the end of the preceding Collection Period;
(xi) the Percentage Interest applicable to each of the Notes and CertificatesSecurities, after application of payments made on such Payment Date; and;
(xii) the Overcollateralization Amount as of the end of the preceding Collection Period;
(xiii) the amount of any payment to be made to the designee or designees of the Credit Enhancer with respect to such Payment Date pursuant to Sections 3.05(a)(i) and 3.30 of the Indenture and the Limited Reimbursement Agreement;
(xiv) the amount distributed weighted average of the Net Loan Rates for the Home Loans for the related Collection Period;
(xv) the number and aggregate Principal Balance of Home Loans repurchased pursuant to Section 3.05(a)(xi3.15(a) herein during the related Collection Period; and
(xvi) the aggregate Principal Balance of Subsequent Home Loans transferred to the Indenture on such Payment DateTrust Estate for each Loan Group. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate Certificate, as applicable, with a $1,000 25,000 denomination. If a Servicing Default shall occur, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee, and the Indenture Trustee, pursuant to Section 3.26 of the Indenture, shall forward or cause to be forwarded by mail to each Certificateholder, each Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement to such effect, including the nature of such Servicing Default. Such statement may be included in, or separate from, the regular statement sent to Securityholders. The Indenture Trustee will make the monthly statement to Securityholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Securityholders, and other parties to this Agreement via the Indenture Trustee's internet website. The Indenture Trustee's internet website shall initially be located at "www.abs.bankone.com". Assistance ▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇e can be obtained by calling Indenture Trustee's customer service desk at 800-524-9472. Parties that are u▇▇▇▇▇ ▇▇ ▇▇▇ the above website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Indenture Trustee shall have the right to change the way the statements to Securityholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Indenture Trustee shall provide timely and adequate notification to all above parties regarding any such changes.
(b) In addition, with respect to each Payment Date, on the Business Day following the related Determination Date, the Servicer shall forward to the Credit Enhancer and the Rating Agencies the following information for each Capitalization Workout entered into during the related Collection Period:
(i) the original Home Equity Loan amount;
(ii) the Home Loan amount after the Capitalization Workout;
(iii) the original Monthly Payment amount;
(iv) the Monthly Payment amount after the Capitalization Workout;
(v) the Capitalized Amount as defined in Section 3.02(a)(v) herein;
(vi) the CLTV prior to the Capitalization Workout;
(vii) the CLTV after the Capitalization Workout; and
(viii) if an appraisal was used in determining the CLTV referred to in (vii) above, the type and date of appraisal.
(c) The Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Custodial Account and deposited into the Note Payment Account and/or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be presumptively correct for all purposes hereunder hereunder, and the Owner Trustee and the Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s Issuer's written request, the Servicer shall promptly furnish such information reasonably requested by the Company Issuer that is reasonably available to the Servicer to enable the Company Issuer to perform its federal and state income tax reporting obligations.
Appears in 1 contract
Sources: Servicing Agreement (Residential Asset Mortgage Products Inc)
Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee and the Indenture Trustee pursuant to Section 3.26 of the Indenture shall forward or cause to be forwarded by mail or otherwise make available electronically at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇ to each Certificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement setting forth the following information (the "Servicing Certificate") as to the Notes and Certificates, to the extent applicable:
(i) the applicable Record Date, Determination Date and Payment Date;
(ii) the aggregate amount of payments received with respect to the Mortgage Loans, including prepayment amounts;
(iii) the Servicing Fee payable to the Servicer;
(iv) the amount of any other fees or expenses paid, and the identity of the party receiving such fees or expenses;
(v) the aggregate amount of (a) Security Interest Collections with respect to the Notes and the CertificatesCollections, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and Collections, (c) Security Collections Substitution Adjustment Amounts and (d) Excess Spread, for the related Collection Period with respect to the Notes and the CertificatesPeriod;
(iivi) the amount of such distribution paid as principal to the Securityholders Noteholders of each Class of Notes;
(vii) the Notes and amount paid as interest to the Certificates applied to reduce Noteholders of each Class of Notes, the principal balance thereof and separately stating the portion thereof in respect amount of the Accelerated Principal Distribution any Interest Carry Forward Amount and the amount of any Relief Act Shortfalls for the related Payment Date;
(viii) the aggregate amount of interest remaining unpaid, if any, for each of the Notes, after giving effect to be deposited in the Funding Account payments made on such Payment Date;
(iiiix) the amount of such distribution to the Securityholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect of overdue accrued interest;
(iv) the Credit Enhancement each Policy Draw Amount, if any, for such Payment Date and Date, the aggregate amount of prior draws on the Policy thereunder not yet reimbursedreimbursed the amount paid to the Enhancer in reimbursement for prior draws;
(vx) the amount of such distribution as principal and interest to the Certificateholders of the Certificates, separately stating the portion thereof which resulted in a reduction of the Certificate Balance thereof;
(xi) the aggregate Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, Mortgage Loans as of the end of the preceding related Collection Period and (d) all of the Mortgage LoansPeriod;
(vixii) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days, 150-179 days and greater than 180 or more days, respectively and respectively, (b) that have the related Mortgaged Property of which has been foreclosed upon and (c) as to which the related Mortgaged Property has become REOREO Property, in each case as of the end of the preceding related Collection Period; provided, however, that such information will shall not be provided on the statements relating to the first Payment Date;
(viixiii) the Weighted Average Net number and aggregate Principal Balance of Mortgage Rate for Loans repurchased pursuant to Section 3.15(a) herein during the related Collection Period and the Weighted Average Net Mortgage Rate for Period;
(axiv) the ________ Loans, (b) the _______Loans and (c) the _________ Loans Net WAC Rate for the related Collection Period;
(viii) the Special Capital Distribution Amount and the Required Special Capital Distribution Amount, in each case as the end of the related Collection Period; and
(ix) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account;
(xxv) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount distributed as principal to Noteholders in respect of any remaining Carryover Liquidation Loss Amount with respect to the Notes and Certificates, respectively, Amounts and the aggregate of the Liquidation Loss Amounts (minus any Subsequent Net Recovery Amounts) from all Collection Periods to date expressed as dollar amount and as a percentage of the sum of (a) the aggregate Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as Principal Balances of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool BalanceMortgage Loans;
(xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date;
(xiixvi) the aggregate Principal Note Balance of each Class of Notes and the Certificate Balance of the each Class of Certificates after giving effect to the distribution of principal on such Payment Date;
(xiiixvii) the respective Security balance of the Pre-Funding Account and Capitalized Interest Account, as of the end of the related Collection Period;
(xviii) the Percentage Interest applicable to each of the Notes and CertificatesSecurities, after application of payments made on such Payment Date;
(xix) the amount, if any, of the Yield Maintenance Payments for such Distribution Date and any shortfall in amounts previously required to be paid under the Yield Maintenance Agreement for prior Distribution Dates;
(xx) the Overcollateralization Amount as of the end of the related Collection Period; and
(xivxxi) the amount distributed pursuant aggregate Principal Balance of Subsequent Mortgage Loans transferred to Section 3.05(a)(xi) of the Indenture on such Payment DateTrust Estate during the related Collection Period. In the case of information furnished pursuant to clauses (iivi) and (iiivii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate Certificate, as applicable, with a $1,000 denomination25,000 denomination per Note and with a denomination equal to a 100% Percentage Interest per Certificate. If a Servicing Default shall occur, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee a statement to such effect, including the nature of such Servicing Default. The Indenture Trustee, pursuant to Section 3.26 of the Indenture, shall deliver or cause to be delivered by mail to each Certificateholder, each Noteholder, the Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, notice of such Servicing Default, including the nature thereof. Such statement may be included in, or separate from, the regular statement made available to Securityholders. The Indenture Trustee will make the Servicing Certificate (and, at its option, any additional files containing the same information in an alternative format) available each month to Securityholders, and other parties to this Agreement via the Indenture Trustee's internet website. The Indenture Trustee's internet website shall initially be located at "▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇." Assistance in using the website can be obtained by calling the Indenture Trustee's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Indenture Trustee shall have the right to change the way the statements to Securityholders are distributed in order to make such distribution more convenient or more accessible to the above parties and the Indenture Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The Indenture Trustee may require registration and the acceptance of a disclaimer in connection with access to its website.
(b) The Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Custodial Account and deposited into the Note Payment Account or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be presumptively correct for all purposes hereunder hereunder, and the Owner Trustee and the Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s Issuer's written request, the Servicer shall promptly furnish such information reasonably requested by the Company Issuer that is reasonably available to the Servicer to enable the Company Issuer to perform its federal and state income tax reporting obligations.
Appears in 1 contract
Sources: Servicing Agreement (GMACM Home Equity Loan Trust 2007-He1)
Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee and the Indenture Trustee pursuant to Section 3.26 of the Indenture shall forward or cause to be forwarded by mail or otherwise make available electronically at www.jpmorgan.com/sfr to each Certificateholder, Noteholder, the Credit ▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇itor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement setting forth the following information (the "Servicing Certificate") as to the Notes and Certificates, to the extent applicable:
(i) the applicable Record Date, Determination Date and Payment Date;
(ii) the aggregate amount of payments received with respect to the Home Equity Loans, including prepayment amounts;
(iii) the Servicing Fee payable to the Servicer;
(iv) the amount of any other fees or expenses paid, and the identity of the party receiving such fees or expenses;
(v) the aggregate amount of (a) Interest Collections, (b) Principal Collections and (c) Substitution Adjustment Amounts for such Collection Period;
(vi) the amount paid as principal to the Noteholders of each Class of Notes;
(vii) the amount paid as interest to the Noteholders of each Class of Notes, separately stating the portion thereof in respect of Relief Act Shortfalls, if any;
(viii) the aggregate amount of interest remaining unpaid, if any, for each of the Notes, after giving effect to the payments made on such Payment Date;
(ix) the amount of any draw on the Policy for such Payment Date, the amount paid to the Credit Enhancer in reimbursement for prior draws and the aggregate amount of prior draws under the Policies not yet reimbursed;
(x) the amount of such distribution as principal and interest to the Certificateholders of the Certificates, separately stating the portion thereof which resulted in a reduction of the Certificate Balance thereof;
(xi) the aggregate Principal Balance of the Home Loans as of the end of the preceding Collection Period;
(xii) the number and aggregate Principal Balances of Home Loans (a) as to which the Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-119 days, 120-149 days and 150-179 days, respectively, (b) the related Mortgaged Property of which has been foreclosed upon and (c) as to which the related Mortgaged Property has become REO Property, in each case as of the end of the preceding Collection Period; provided, however, that such information shall not be provided on the statements relating to the first Payment Date;
(xiii) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount distributed as principal to Noteholders in respect of Liquidation Loss Amounts (minus any Recovery Amounts) and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollar amount and as a percentage of the aggregate Cut-Off Date Principal Balances of the Home Loans;
(xiv) the aggregate Note Balance of each Class of Notes and the Certificate Balance of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xv) the Percentage Interest applicable to each of the Securities, after application of payments made on such Payment Date;
(xvi) the Overcollateralization Amount as of the end of the preceding Collection Period and the Overcollateralization Release Amount for such Payment Date;
(xvii) the amount of any payment to be made to the designee or designees of the Credit Enhancer with respect to such Payment Date pursuant to Sections 3.05(a)(i);
(xviii) the weighted average of the Net Loan Rates for the Home Loans for the related Collection Period; and
(xix) the number and aggregate Principal Balance of Home Loans repurchased pursuant to Section 3.15(a) herein during the related Collection Period. In the case of information furnished pursuant to clauses (vi) and (vii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate, as applicable, with a $25,000 denomination. If a Servicing Default shall occur, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee, and the Indenture Trustee, pursuant to Section 3.26 of the Indenture, shall forward or cause to be forwarded by mail to each Certificateholder, each Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement setting forth to such effect, including the nature of such Servicing Default. Such statement may be included in, or separate from, the regular statement sent to Securityholders. The Indenture Trustee will make the monthly statement to Securityholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Securityholders, and other parties to this Agreement via the Indenture Trustee's internet website. The Indenture Trustee's internet website shall initially be located at "www.jpmorgan.com/sfr". Assistance in using the website can be obtained by ca▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇stee's customer service desk at 877-722-1095. Parties that are unable to use the above website are entitled ▇▇ ▇▇▇▇ ▇ ▇aper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Indenture Trustee shall have the right to change the way the statements to Securityholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Indenture Trustee shall provide timely and adequate notification to all above parties regarding any such changes.
(b) In addition, with respect to each Payment Date, on the Business Day following the related Determination Date, the Servicer shall forward to the Credit Enhancer and the Rating Agencies the following information as to for each Capitalization Workout entered into during the Notes and Certificates, to the extent applicablerelated Collection Period:
(i) the aggregate amount of (a) Security Interest Collections with respect to the Notes and the Certificates, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections for the related Collection Period with respect to the Notes and the Certificatesoriginal Home Equity Loan amount;
(ii) the Home Loan amount of such distribution to after the Securityholders of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment DateCapitalization Workout;
(iii) the amount of such distribution to the Securityholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect of overdue accrued interestoriginal Monthly Payment amount;
(iv) the Credit Enhancement Draw Amount, if any, for such Monthly Payment Date and amount after the aggregate amount of prior draws thereunder not yet reimbursedCapitalization Workout;
(v) the aggregate Principal Balance of (aCapitalized Amount as defined in Section 3.02(a)(v) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, as of the end of the preceding Collection Period and (d) all of the Mortgage Loansherein;
(vi) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 days and 180 or more days, respectively and (b) that have become REO, in each case as of the end of the preceding Collection Period; provided, however, that such information will not be provided on the statements relating CLTV prior to the first Payment DateCapitalization Workout;
(vii) the Weighted Average Net Mortgage Rate for CLTV after the related Collection Period and the Weighted Average Net Mortgage Rate for (a) the ________ Loans, (b) the _______Loans and (c) the _________ Loans for the related Collection Period;Capitalization Workout; and
(viii) if an appraisal was used in determining the Special Capital Distribution Amount and the Required Special Capital Distribution Amount, CLTV referred to in each case as the end of the related Collection Period; and
(ix) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account;
(x) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any remaining Carryover Loss Amount with respect to the Notes and Certificates, respectively, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as a percentage of the sum of (a) the Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool Balance;
(xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date;
(xii) the aggregate Principal Balance of each Class of Notes and of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiii) the respective Security Percentage applicable to the Notes and Certificates, after application of payments made on such Payment Date; and
(xiv) the amount distributed pursuant to Section 3.05(a)(xi) of the Indenture on such Payment Date. In the case of information furnished pursuant to clauses (ii) and (iiivii) above, the amounts type and date of appraisal.
(c) The Servicer shall be expressed as an aggregate dollar amount per Note or Certificate with a $1,000 denominationforward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Custodial Account and deposited into the Note Payment Account and/or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be presumptively correct for all purposes hereunder hereunder, and the Owner Trustee and the Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s Issuer's written request, the Servicer shall promptly furnish such information reasonably requested by the Company Issuer that is reasonably available to the Servicer to enable the Company Issuer to perform its federal and state income tax reporting obligations.
Appears in 1 contract
Sources: Servicing Agreement (GMACM Home Loan Trust 2006-Hltv1)
Statements to Securityholders. (a) With respect On or prior to each Payment Date, the Servicer shall forward provide to the Indenture Trustee and the Indenture Owner Trustee (with a copy to the Rating Agencies) for the Trustee and the Owner Trustee to forward to each Securityholder of record (in the case of the Trustee, pursuant to Section 3.26 of 5.8(b)) the Indenture shall forward statement or cause to be forwarded statements provided by mail to each Certificateholder, Noteholder, the Credit Enhancer, Servicer in substantially the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement form attached hereto as Exhibit E setting forth at least the following information as to the Notes and Certificates, to the extent applicableinformation:
(i) the aggregate amount of (a) Security Interest Collections with respect any distributions allocable to the Notes and the Certificates, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections for the related Collection Period with respect to the Notes and the Certificatesprincipal of each Class of Notes;
(ii) the amount of such distribution allocable to the Securityholders interest on or with respect to each Class of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment DateNotes;
(iii) the amount of such distribution to the Securityholders Pool Balance as of the Notes and close of business on the Certificates allocable to interest and separately stating last day of the portion thereof in respect of overdue accrued interestrelated Collection Period;
(iv) the Credit Enhancement Draw Amount, if any, Note Balance for such Payment Date and the aggregate amount each Class of prior draws thereunder not yet reimbursedNotes after giving effect to payments allocated to principal reported under clause (i) above;
(v) the aggregate Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, as amount of the end Servicing Fee paid to the Servicer with respect to the related Collection Period, and the amount of any unpaid Servicing Fees and the preceding Collection Period and (d) all of change in such amount from the Mortgage Loansprior Payment Date;
(vi) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 days and 180 or more days, respectively and (b) that have become REO, in each case as amount of the end of Backup Servicing Fee and the preceding Trustee Fees paid to the Backup Servicer, the Trustee and the Owner Trustee, as applicable, with respect to the related Collection Period; provided, however, that and the amount of any unpaid Backup Servicing Fees and Trustee Fees and the change in all such information will not be provided on amounts from the statements relating to the first prior Payment Date;
(vii) the Weighted Average Net Mortgage Rate Noteholders’ Interest Carryover Shortfall for each Class of Notes for such Payment Date;
(viii) the amount, if any, paid to the Noteholders from the Series 2012-C Spread Account for such Payment Date;
(ix) the aggregate amount in the Series 2012-C Spread Account and the change in such amount from the previous Payment Date and the Specified Spread Account Requisite Amount for such Payment Date;
(x) the number of Receivables and the aggregate net balance thereon for which the related Obligors are delinquent in making Scheduled Receivable Payments for (a) 31 to 60 days, (b) 61 to 90 days, and (c) 91 days or more;
(xi) the number and the aggregate Purchase Amounts for Receivables purchased by CPS or purchased by the Servicer during the related Collection Period and the Weighted Average Net Mortgage Rate for summary information as to losses and delinquencies with respect to such Receivables;
(axii) the ________ LoansPrincipal Balance of all Receivables that have become Liquidated Receivables, (b) the _______Loans and (c) the _________ Loans for net of Recoveries, during the related Collection Period;
(viiixiii) the Special Capital Distribution Amount and cumulative Principal Balance of all Receivables that have become Liquidated Receivables, net of Recoveries, during the Required Special Capital Distribution Amount, in each case as period from the end Cutoff Date to the last day of the related Collection Period;
(xiv) the amount of any Texas Franchise Tax due and owing by CPS under the Receivables Purchase Agreement to the taxing authority of the State of Texas on or prior to the related Payment Date or paid by CPS since the prior Payment Date;
(xv) the Three-Month Rolling Average Extension Ratio, the Cumulative Net Loss Rate, the Delinquency Ratio and the Three-Month Rolling Average Delinquency Ratio;
(xvi) the aggregate Sale Amount with respect to Sold Receivables, if any, during the related Collection Period;
(xvii) for any Payment Date during the Funding Period, the Pre-Funded Amount and the change in such amount from the previous Payment Date; and
(ixxviii) for the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account;
(x) the aggregate Liquidation Loss Amounts with respect to the related Collection PeriodMandatory Redemption Date, the amount of any remaining Carryover Loss Pre-Funded Amount with respect that was not used to fund the Notes and Certificates, respectively, and the aggregate purchase of the Liquidation Loss Amounts from all Collection Periods to date expressed as a percentage of the sum of (a) the Cut-Off Date Pool Balance and Subsequent Receivables.
(b) Within 60 days after the amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool Balance;
(xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date;
(xii) the aggregate Principal Balance end of each Class of Notes and of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiii) the respective Security Percentage applicable to the Notes and Certificates, after application of payments made on such Payment Date; and
(xiv) the amount distributed pursuant to Section 3.05(a)(xi) of the Indenture on such Payment Date. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate with a $1,000 denomination. Prior to the close of business on the Business Day next succeeding each Determination Datecalendar year, the Servicer shall furnish a written statement deliver to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee a statement setting forth the amounts paid during such preceding calendar year in respect of paragraphs (i) all the foregoing information), (ii), (v) the aggregate amounts required to be withdrawn from the Collection Account and deposited into the Payment Account on the Business Day preceding the Payment Date pursuant to Section 3.03 and (iiivi) the amounts (A) withdrawn from the Payment Account above. The Trustee shall mail a copy of such statement to each person who at any time during such preceding calendar year shall have been a Securityholder of record and deposited to the Funding Account pursuant to Section 8.02(b) received any payment in respect of the Indenture and Securities.
(Bc) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s written request, the Servicer shall promptly furnish information reasonably requested by the Company that is reasonably may make available to the Securityholders, via the Trustee’s Internet Website, all statements described herein and, with the consent or at the direction of the Seller, such other information regarding the Notes and/or the Receivables as the Trustee may have in its possession, but only with the use of a password provided by the Trustee. The Trustee will make no representation or warranties as to the accuracy or completeness of such documents and will assume no responsibility therefor. The Trustee’s Internet Website shall be initially located at “w▇▇.▇▇▇▇▇▇▇.▇▇▇” or at such other address as shall be specified by the Trustee from time to time in writing to the Securityholders. In connection with providing access to the Trustee’s Internet Website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee shall not be liable for the dissemination of information in accordance with this Agreement.
(d) The Servicer will supply to enable the Company Trustee, at the time and in the manner required by applicable Treasury Regulations, for further distribution to perform its federal such Persons, and state income tax reporting obligationsto the extent, required by applicable Treasury Regulations information with respect to any “original issue discount” accruing on the Class D Notes and the Class E Notes.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Master Servicer shall forward to the Indenture Trustee and the Indenture Trustee pursuant to Section 3.26 of the Indenture shall forward or cause to be forwarded by mail or made available on its website initially located at "www.jpmorgam.com/sfr," to each Certificateholder▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement setting forth the following information (the "Servicing Certificate") as to the Notes and Certificates, to the extent applicable:
(i) for each of Loan Group A and Loan Group B, the aggregate amount of (a) Security Interest Collections with respect to the Notes and the CertificatesCollections, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections Substitution Adjustment Amounts for the related such Collection Period with respect to the Notes and the CertificatesPeriod;
(ii) the amount of such distribution paid as principal to the Securityholders Noteholders of each Class of Notes;
(iii) for each of Loan Group A and Loan Group B, the Notes and amount paid as interest to the Certificates applied to reduce the principal balance thereof and Noteholders of each Class of Notes, separately stating the portion thereof in respect of Relief Act Shortfalls, Group A Relief Act Shortfalls, Group B Relief Act Shortfalls, Group A Net WAC Cap Shortfalls or Group B Net WAC Cap Shortfalls, if any;
(iv) for each of Loan Group A and Loan Group B, the Accelerated Principal aggregate Interest Distribution Amount and remaining unpaid, if any, for each Class of Notes, after giving effect to the amount to be deposited in the Funding Account payments made on such Payment Date;
(iiiv) [Reserved];
(vi) the amount of such distribution to any draw on the Securityholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect of overdue accrued interest;
(iv) the Credit Enhancement Draw Amount, if any, Policy for such Payment Date Date, the amount paid to the Credit Enhancer in reimbursement for prior draws and the aggregate amount of prior draws thereunder under the Policy not yet reimbursed;
(vvii) for each of Loan Group A and Loan Group B, the amount of such distribution as principal and interest to the Certificateholders of the Certificates, separately stating the portion thereof which resulted in a reduction of the Certificate Loan Balance thereof;
(viii) the aggregate Principal Loan Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, Home Equity Loans in each Loan Group as of the end of the preceding Collection Period and (d) all of the Mortgage LoansPeriod;
(viix) the aggregate amount of Additional Balances on the Home Equity Loans created during the previous Collection Period conveyed to the Issuer;
(x) for each of Loan Group A and Loan Group B, the number and aggregate Principal Loan Balances of Mortgage Home Equity Loans (a) as to which the Minimum Monthly Payment is delinquent Delinquent for 30-59 days, 60-89 days, 90-179 days and 180 90 or more days, respectively respectively, (b) that are foreclosed and (bc) that have become REO, in each case as of the end of the preceding related Collection Period; provided, however, that such information will not be provided on the statements relating to the first Payment Date;
(viixi) the Weighted Average Net Mortgage Note Rate for each Class of Notes, the related Collection Period Group A Net WAC Rate and the Weighted Average Group B Net Mortgage WAC Rate for (a) the ________ Loans, (b) the _______Loans and (c) the _________ Loans for the related Collection Period;
(viiixii) the Special Capital Distribution Amount for each of Loan Group A and the Required Special Capital Distribution AmountLoan Group B, in each case as the end of the related Collection Period; and
(ix) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account;
(x) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any remaining Carryover Liquidation Loss Amount Distribution Amounts with respect to the Notes and Certificates, respectivelyNotes, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollars and as a percentage of the sum of (a) the aggregate Cut-Off off Date Pool Loan Balance and (b) the amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool Balancefor such Loan Group;
(xixiii) any unpaid interest on the Notes aggregate Excess Loss Amounts with respect to the Home Equity Loans with respect to the related Collection Period and Certificates, respectively, after such Distribution Datethe aggregate of the Excess Loss Amounts with respect to the Home Equity Loans from all Collection Periods to date;
(xiixiv) [Reserved];
(xv) for each of Loan Group A and Loan Group B, the aggregate Principal Security Balance of each related Class of Notes and the Certificate Principal Balance of the related Certificates after giving effect to the distribution of principal on such Payment Date;
(xiiixvi) the respective Security Percentage applicable to aggregate Servicing Fees for the Notes related Collection Period and Certificatesthe aggregate amount of Draws for the related Collection Period;
(xvii) the number and amount of any increases in the Credit Limits of the Home Equity Loans during the related Collection Period;
(xviii) Overcollateralization Amount, after application of payments made on the Undercollateralization Amount, the Required Overcollateralization Amount immediately following such Payment Date; and
(xivxix) the number and principal amount distributed of release agreements pursuant to Section 3.05(a)(xi3.05(c) entered into during the calendar year and since the Closing Date and, the aggregate outstanding principal amount of such release agreements expressed as a percentage of the Indenture on such Payment DatePool Balance with information provided separately with respect to all Unsecured Loans and (2) the number and principal amount of Capitalization Workouts pursuant to Section 3.02(a)(v) entered into during the calendar year and since the Closing Date and the aggregate outstanding amount of the Capitalization Workouts expressed as a percentage of the respective Pool Balance. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Variable Funding Note, Term Note or Certificate Certificate, as applicable, with a $1,000 denomination. If an Amortization Event or Servicing Default shall occur, on the Business Day following the related Determination Date, the Master Servicer shall forward to the Indenture Trustee, a statement of such effect, including the nature of such Amortization Event or Servicing Default. The Indenture Trustee shall deliver or cause to be delivered by mail to the Credit Enhancer notice of such Amortization Event or Servicing Default, including, the nature thereof. Such statement may be included in, or separate from, the regular statement to Securityholders. In addition, the Master Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Master Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Custodial Account and deposited into the Payment Account on the Business Day preceding the related Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture3.03. The determination by the Master Servicer of such amounts shall, in the absence of obvious error, shall be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s Issuer's written request, the Master Servicer shall promptly furnish information reasonably requested by the Company Issuer that is reasonably available to the Master Servicer to enable the Company Issuer to perform its federal and state income tax reporting obligations.
(b) The Master Servicer shall, on behalf of the Depositor and in respect of the Trust, sign and cause to be filed with the Commission any periodic reports required to be filed under the provisions of the Exchange Act, and the rules and regulations of the Commission thereunder. In connection with the preparation and filing of such periodic reports, the Indenture Trustee shall timely provide to the Master Servicer (I) a list of Holders as shown on the Certificate Register and the Note Register as of the end of each calendar year, (II) copies of all pleadings, other legal process and any other documents relating to any claims, charges and complaints involving the Indenture Trustee, as indenture trustee hereunder, or the Trust that are received by the Indenture Trustee, (III) notice of all matters that, to the actual knowledge of a Responsible Officer of the Indenture Trustee, have been submitted to a vote of the Holders, other than those matters that have been submitted to a vote of the Holders at the request of the Depositor or the Master Servicer, and (IV) notice of any failure of the Indenture Trustee to make any distribution to the Holders as required pursuant to this Agreement. Neither the Master Servicer nor the Indenture Trustee shall have any liability with respect to the Master Servicer's failure to properly prepare or file such periodic reports resulting from or relating to the Master Servicer's inability or failure to obtain any information not resulting from the Master Servicer's own negligence or willful misconduct. Any Form 10-K filed with the Commission in connection with this clause (b) shall include a certification, signed by the senior officer in charge of the servicing functions of the Master Servicer, in the form attached as Exhibit E hereto or such other form as may be required or permitted by the Commission (the "Form 10-K Certification"), in compliance with Rules 13a-14 and 15d-14 under the Exchange Act and any additional directives of the Commission. In connection with the Form 10-K Certification, the Indenture Trustee shall provide the Master Servicer with a back-up certification substantially in the form attached hereto as Exhibit F. This Section 4.01(b) may be amended in accordance with this Agreement, but without the Rating Agency confirmations otherwise required by Section 8.01, and without the consent of the Holders.
Appears in 1 contract
Sources: Servicing Agreement (Residential Funding Mortgage Securities Ii Inc)
Statements to Securityholders. Each Servicer (aother than PNC) With shall provide to the Master Servicer, and PNC shall provide to the Trust Administrator, the information (the “Servicing Certificate”) necessary to calculate the information set forth below, and any other information the Trust Administrator reasonably requires, in such form as the Trust Administrator shall reasonably request, or in such form as may be mutually agreed upon between such Servicer and the Trust Administrator, with respect to each Payment DateLoan serviced by such Servicer no later than 4:00 PM New York City time on the Data Remittance Date to enable the Trust Administrator to calculate the amounts to be distributed to each Class of Notes and Certificates and otherwise perform its distribution, accounting and reporting requirements hereunder and under the Indenture. On or prior to the 18th calendar day of each month, the Master Servicer shall forward provide to the Indenture Trustee and Trust Administrator a report incorporating the Indenture Trustee information in each Servicing Certificate received by it from the related Servicers (other than PNC). Based solely on the information provided by the Servicers, upon which information it may conclusively rely without verification, the Trust Administrator pursuant to Section 3.26 3.25 of the Indenture shall forward or cause to be forwarded by mail make available on its website initially located at “▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇” to each Certificateholder, Noteholder, the Credit EnhancerSecurityholder, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement each Servicing Certificate setting forth the following information, together with the other information set forth in the monthly statement prepared by the Trust Administrator pursuant to Section 3.25 of the Indenture, as to the Notes and Certificates, to the extent applicable:
(i) the aggregate amount of (a) Security the Interest Collections with respect to the Notes and the CertificatesRemittance Amount, (b) aggregate Security the Principal Collections with respect to the Notes and the Certificates and Remittance Amount, (c) Security Collections for the related Collection Period with respect to the Notes Additional Balance Advance Interest Distribution Amount and the Certificates(d) Substitution Amounts;
(ii) the amount of such distribution to the Securityholders of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof amounts paid in respect of the Accelerated Principal Distribution Amount and Additional Balances from the amount to be deposited in the Funding Account on such Payment DateAccount;
(iii) the amount of such distribution to the Securityholders number and Aggregate Loan Balance of the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect of overdue accrued interest;
(iv) the Credit Enhancement Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursed;
(v) the aggregate Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, Loans as of the end of the preceding related Collection Period and (d) all of the Mortgage LoansPeriod;
(viiv) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 days and 180 90 or more days, respectively and respectively, (b) that are foreclosed, (c) that have become REO, and (d) that have been finally liquidated due to being 180 days or more delinquent, in each case as of the end of the preceding related Collection PeriodPeriod assuming twelve, thirty day months; provided, however, that such information will not be provided on the statements relating to the first Payment Date;
(viiv) the Weighted Average Net weighted average Mortgage Interest Rate for the related Collection Period and the Weighted Average Net Mortgage Rate for (a) the ________ Loans, (b) the _______Loans and (c) the _________ Loans for the related Collection Period;
(vi) whether or not as an Amortization Event is in effect for the related Payment Date;
(vii) the Excluded Amounts, if any, received for the applicable Collection Period;
(viii) the Special Capital Distribution Amount and the Required Special Capital Distribution Amount, in each case as the end of aggregate Servicing Fees for the related Collection Period; and
(ix) the aggregate amount of Additional Loans acquired recovered during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account;
(x) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount Period consisting of all Net Recoveries on any remaining Carryover Loss Amount with respect to the Notes and Certificates, respectively, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as a percentage of the sum of (a) the Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as of the latest date Loan that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool Balance;
(xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date;
(xii) the aggregate Principal Balance of each Class of Notes and of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiii) the respective Security Percentage applicable to the Notes and Certificates, after application of payments made on such Payment Date; and
(xiv) the amount distributed pursuant to Section 3.05(a)(xi) of the Indenture on such Payment Date. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note was 180 days or Certificate with a $1,000 denominationmore delinquent. Prior to the close of business on the Business Day next succeeding each Determination Servicer Remittance Date, the each Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee Trust Administrator setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection related Custodial Account and deposited into the Master Servicer Account or Payment Account on Account, as applicable, prior to the Business Day preceding the Payment related Servicer Remittance Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture3.03. The determination by the a Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee Trust Administrator shall be protected in relying upon the same without any independent check or verification. In addition, upon the CompanyIssuer’s written request, the each Servicer shall promptly furnish information reasonably requested by the Company Issuer that is reasonably available to the such Servicer to enable the Company Issuer to perform its federal and state income tax reporting obligations.
Appears in 1 contract
Sources: Servicing Agreement (CSFB Home Equity Mortgage Trust 2005-Hf1)
Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Servicer shall forward the Servicing Certificate and a computer file containing mutually agreed upon loan level information to the Indenture Trustee Trustee, and the Indenture Trustee Trustee, pursuant to Section 3.26 of the Indenture Indenture, shall forward or cause to be forwarded by mail make such Servicing Certificate available to each Certificateholder, each Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement setting . The Servicing Certificate shall set forth the following information as to the Notes and Certificates, to the extent applicable:
(i) the aggregate amount of (a) Security Interest Collections with respect to the Notes and the CertificatesCollections, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates Collections, and (c) Security Collections Substitution Adjustment Amounts for the related such Collection Period with respect to the Notes and the CertificatesPeriod;
(ii) the amount of such distribution as principal to the Securityholders Noteholders of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect each Class of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment DateNotes;
(iii) the amount of such distribution as interest to the Securityholders Noteholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect each Class of overdue accrued interestNotes;
(iv) the Credit Enhancement Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursedsuch distribution to the Certificateholders;
(v) the aggregate Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, Home Loans as of the end of the preceding Collection Period and (d) all of the Mortgage LoansPeriod;
(vi) the number and aggregate Principal Balances of Mortgage Home Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 119 days, 120-149 days and 180 or more 150-179 days, respectively and respectively, (b) that have the related Mortgaged Property of which has been foreclosed upon and (c) as to which the related Mortgaged Property has become REOREO Property, in each case as of the end of the preceding Collection Period; provided, however, that such information will shall not be provided on the statements relating to the first Payment Date;
(vii) the Weighted Average Net Mortgage Rate for the related Collection Period and the Weighted Average Net Mortgage Rate for (a) the ________ Loans, (b) the _______Loans and (c) the _________ Loans for the related Collection Period;
(viii) the Special Capital Distribution Amount and the Required Special Capital Distribution Amount, in each case as the end of the related Collection Period; and
(ix) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account;
(x) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount distributed as principal to Noteholders in respect of any remaining Carryover Liquidation Loss Amount with respect to the Notes and Certificates, respectively, Amounts and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as dollar amount and as a percentage of the sum of (a) the aggregate Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as Principal Balances of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool BalanceHome Loans;
(xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date;
(xiiviii) the aggregate Principal Note Balance of each Class of Notes and the Certificate Balance of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiiiix) the respective Security amount on deposit in each of the Pre-Funding Account and Capitalized Interest Account as of the end of the preceding Collection Period;
(x) the Percentage Interest applicable to each of the Notes and CertificatesSecurities, after application of payments made on such Payment Date;
(xi) the Overcollateralization Amount as of the end of the preceding Collection Period;
(xii) the weighted average of the Net Loan Rates for the Home Loans for the related Collection Period;
(xiii) the number and aggregate Principal Balance of Home Loans repurchased pursuant to Section 3.15(a) herein during the related Collection Period; and
(xiv) the amount distributed pursuant aggregate Principal Balance of Subsequent Home Loans transferred to Section 3.05(a)(xi) of the Indenture on such Payment DateTrust Estate. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate Certificate, as applicable, with a $1,000 25,000 denomination. If a Servicing Default shall occur, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee, and the Indenture Trustee, pursuant to Section 3.26 of the Indenture, shall forward or cause to be forwarded by mail to each Certificateholder, each Noteholder, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement to such effect, including the nature of such Servicing Default. Such statement may be included in, or separate from, the regular statement sent to Securityholders. The Indenture Trustee will make the monthly statement to Securityholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Securityholders, and other parties to this Agreement via the Indenture Trustee's internet website. The Indenture Trustee's internet website shall initially be located at "www.abs.bankone.com". Assistance ▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇site can be obtained by calling the Indenture Trustee's customer service desk at 800-524-9472. Parties that are ▇▇▇▇▇▇ ▇▇ ▇▇e the above website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Indenture Trustee shall have the right to change the way the statements to Securityholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Indenture Trustee shall provide timely and adequate notification to all above parties regarding any such changes.
(b) In addition, with respect to each Payment Date, on the Business Day following the related Determination Date, the Servicer shall forward to the Rating Agencies the following information for each Capitalization Workout entered into during the related Collection Period:
(i) the original Home Equity Loan amount;
(ii) the Home Loan amount after the Capitalization Workout;
(iii) the original Monthly Payment amount;
(iv) the Monthly Payment amount after the Capitalization Workout;
(v) the Capitalized Amount as defined in Section 3.02(a)(v) herein;
(vi) the CLTV prior to the Capitalization Workout;
(vii) the CLTV after the Capitalization Workout; and
(viii) if an appraisal was used in determining the CLTV referred to in (vii) above, the type and date of appraisal.
(c) The Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Custodial Account and deposited into the Note Payment Account and/or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be presumptively correct for all purposes hereunder hereunder, and the Owner Trustee and the Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s Issuer's written request, the Servicer shall promptly furnish such information reasonably requested by the Company Issuer that is reasonably available to the Servicer to enable the Company Issuer to perform its federal and state income tax reporting obligations.
Appears in 1 contract
Sources: Servicing Agreement (Residential Asset Mortgage Products Inc)
Statements to Securityholders. (a) With respect to each Payment Date, the Servicer shall forward to the Indenture Trustee and the Indenture Trustee pursuant to Section 3.26 of the Indenture shall forward or cause to be forwarded by mail to each Certificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, a statement setting forth the following information as to the Notes and Certificates, to the extent applicable:
(i) the aggregate amount of (a) Security Interest Collections with respect to the Notes and the Certificates, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections for the related Collection Period with respect to the Notes and the Certificates;
(ii) the amount of such distribution to the Securityholders of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment Date;
(iii) the amount of such distribution to the Securityholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect of overdue accrued interest;
(iv) the Credit Enhancement Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursed;
(v) the aggregate Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, as of the end of the preceding Collection Period and (d) all of the Mortgage Loans;
(vi) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 days and 180 or more days, respectively and (b) that have become REO, in each case as of the end of the preceding Collection Period; providedPROVIDED, howeverHOWEVER, that such information will not be provided on the statements relating to the first Payment Date;
(vii) the Weighted Average Net Mortgage Rate for the related Collection Period and the Weighted Average Net Mortgage Rate for (a) the ________ Loans, (b) the _______Loans and (c) the _________ Loans for the related Collection Period;
(viii) the Special Capital Distribution Amount and the Required Special Capital Distribution Amount, in each case as the end of the related Collection Period; and
(ix) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account;
(x) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount of any remaining Carryover Loss Amount with respect to the Notes and Certificates, respectively, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as a percentage of the sum of (a) the Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool Balance;
(xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date;
(xii) the aggregate Principal Balance of each Class of Notes and of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiii) the respective Security Percentage applicable to the Notes and Certificates, after application of payments made on such Payment Date; and
(xiv) the amount distributed pursuant to Section 3.05(a)(xi) of the Indenture on such Payment Date. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate with a $1,000 denomination. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Account and deposited into the Payment Account on the Business Day preceding the Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture. The determination deter mination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s 's written request, the Servicer shall promptly furnish information reasonably requested by the Company that is reasonably available to the Servicer to enable the Company to perform its federal and state income tax reporting obligations.
Appears in 1 contract
Sources: Servicing Agreement (Ameriquest Mortgage Securities Inc)
Statements to Securityholders. (a) With respect to On each Payment Distribution Date, the Servicer shall forward provide to the Indenture Owner Trustee and the Indenture Trustee pursuant (with copies to Section 3.26 of the Indenture shall forward or cause to be forwarded by mail to each Certificateholder, Noteholder, the Credit Enhancer, the Depositor, the Owner Rating Agencies and each Paying Agent) to forward to each Certificateholder of record, and to the Indenture Trustee, either directly or through a Paying Agent, to forward to each Noteholder of record a statement, based on the related Servicer's Certificate Paying Agent and each Rating Agency, a statement setting forth at least the following information as to the Notes Securities with respect to the related Distribution Date and CertificatesCollection Period, in substantially the form of Exhibit B, to the extent applicable:
(i) the aggregate amount of (a) Security Interest Collections with respect such distribution allocable to the Notes and the Certificates, (b) aggregate Security Principal Collections with respect to the Notes and the Certificates and (c) Security Collections principal for the related Collection Period with respect to the Notes and the Certificateseach Class of Notes;
(ii) the amount of such distribution to the Securityholders of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect of the Accelerated Priority Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment DateDistributable Amount;
(iii) the amount of such distribution to the Securityholders of the Notes and the Certificates allocable to interest and separately stating the portion thereof in respect of overdue accrued interestSecondary Principal Distributable Amount;
(iv) the Credit Enhancement Draw Tertiary Principal Distributable Amount, if any, for such Payment Date and the aggregate amount of prior draws thereunder not yet reimbursed;
(v) the aggregate Regular Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, as of the end of the preceding Collection Period and (d) all of the Mortgage LoansDistributable Amount;
(vi) the amount of such distribution allocable to current and overdue interest (including any interest on overdue interest) for each Class of Notes;
(vii) the Total Servicing Fee;
(viii) the Total Trustee Fees;
(ix) the aggregate outstanding principal amount of each Class of Notes and the Note Pool Factor with respect to each Class of Notes (in each case after giving effect to payments allocated to principal reported under clause (i) above);
(x) the Pool Balance as of the close of business on the last day of the related Collection Period;
(xi) the Reserve Fund Amount on such Distribution Date (after giving effect to all deposits to or withdrawals from the Reserve Fund on such Distribution Date) and the Reserve Fund Draw Amount;
(xii) the aggregate Purchase Amount of Receivables repurchased by the Seller or purchased by the Servicer, if any, with respect to the related Collection Period;
(xiii) the number and aggregate Principal Balances Balance of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for Receivables that were 30-59 days, 60-89 days, 90-179 days and 180 or 90 days or more days, respectively and (b) that have become REO, in each case delinquent as of the end last day of the preceding Collection Period; provided, however, that such information will not be provided on the statements relating to the first Payment Date;
(vii) the Weighted Average Net Mortgage Rate for the related Collection Period and the Weighted Average Net Mortgage Rate for (a) the ________ Loans, (b) the _______Loans and (c) the _________ Loans for the related Collection Period;
(viiixiv) the Special Capital Distribution Amount and the Required Special Capital Distribution Amount, in each case as the end of the related Collection Period; and
(ix) the aggregate amount of Additional Loans acquired during the previous Collection Period with amounts in respect of Net Principal Collections from the Funding Account;
(x) the aggregate Liquidation Loss Amounts Losses with respect to the related Collection Period, the amount of any remaining Carryover Loss Amount with respect to the Notes and Certificates, respectively, and the aggregate of the Liquidation Loss Amounts from all Collection Periods to date expressed as a percentage of the sum of ;
(axv) the Cut-Off Date Pool Balance Overcollateralization Target Amount and (b) the amount by which the Pool Balance as of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool Balance;
Note Balance (xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date;
(xii) the aggregate Principal Balance of each Class of Notes and of the Certificates after giving effect to any payments made to the distribution of principal Noteholders on such Payment Distribution Date);
(xiiixvi) the respective Security amount of Available Collections;
(xvii) the Cumulative Net Loss Percentage applicable to and the Notes and Certificates, after application of payments made on such Sequential Payment DateTrigger; and
(xivxviii) the amount distributed pursuant to Section 3.05(a)(xiof Excess Collections.
(b) Within the prescribed period of time for tax reporting purposes after the end of each calendar year during the term of the Indenture on Issuer, but not later than the latest date permitted by law, the related Trustee, upon receipt thereof, shall mail to each Person who at any time during such Payment Datecalendar year shall have been a Securityholder, a statement, prepared by the Servicer, containing certain information for such calendar year or, in the event such Person shall have been a Securityholder during a portion of such calendar year, for the applicable portion of such year, for the purposes of such Securityholder's preparation of federal income tax returns. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate with a $1,000 denomination. Prior to the close of business on the Business Day next succeeding each Determination Dateaddition, the Servicer shall furnish a written statement to the Company, Trustees for distribution to such Person at such time any other information necessary under applicable law for the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Account and deposited into the Payment Account on the Business Day preceding the Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture. The determination by the Servicer preparation of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder and the Owner Trustee and Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s written request, the Servicer shall promptly furnish information reasonably requested by the Company that is reasonably available to the Servicer to enable the Company to perform its federal and state income tax reporting obligationsreturns.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Wachovia Auto Owner Trust 2004-B)
Statements to Securityholders. (a) With respect to each Payment Date, on the Business Day following the related Determination Date, the Servicer shall forward the Servicing Certificate to the Indenture Trustee Trustee, and the Indenture Trustee Trustee, pursuant to Section 3.26 of the Indenture Indenture, shall forward or cause to be forwarded by mail make such Servicing Certificate available to each Certificateholder, each Noteholder, the Credit Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, with a statement setting copy to the Enhancer. The Servicing Certificate shall set forth the following information as to the Notes and Certificates, to the extent applicable:
(i) the aggregate amount of (a) Security Interest Collections with respect to the Notes and the CertificatesCollections, (b) aggregate Security Principal Collections (and, with respect to any Payment Date relating to the Notes and the Certificates Managed Amortization Period, Net Principal Collections) and (c) Security Collections Substitution Adjustment Amounts for the related such Collection Period with respect to the Notes and the CertificatesPeriod;
(ii) the amount of such distribution as principal to the Securityholders Noteholders of the Notes and the Certificates applied to reduce the principal balance thereof and separately stating the portion thereof in respect each Class of the Accelerated Principal Distribution Amount and the amount to be deposited in the Funding Account on such Payment DateNotes;
(iii) the amount of such distribution as interest to the Securityholders Noteholders of each Class of Notes, the Notes and the Certificates allocable to interest and separately stating the portion thereof amount thereof, if any, payable in respect of overdue accrued interestunpaid Interest Shortfalls, and the amount of any Interest Shortfalls for the related Payment Date;
(iv) the Credit Enhancement each Policy Draw Amount, if any, for such Payment Date and the aggregate amount of prior draws on the Policy thereunder not yet reimbursed;
(v) the amount of such distribution to the Certificateholders;
(vi) the amount of any Additional Balance Increase Amount payable to the Certificateholders;
(vii) the aggregate Principal Balance of (a) the ________ Loans, (b) the ______ Loans, (c) the _________ Loans, Mortgage Loans as of the end of the preceding Collection Period and (d) all of the Mortgage LoansPeriod;
(viviii) the number and aggregate Principal Balances of Mortgage Loans (a) as to which the Minimum Monthly Payment is delinquent for 30-59 days, 60-89 days, 90-179 119 days, 120-149 days and 180 or more 150-179 days, respectively and respectively, (b) that have the related Mortgaged Property of which has been foreclosed upon and (c) as to which the related Mortgaged Property has become REOREO Property, in each case as of the end of the preceding Collection Period; provided, however, that such information will shall not be provided on the statements relating to the first Payment Date;
(viiix) the Weighted Average Net number and aggregate Principal Balance of Mortgage Rate for the related Loans repurchased pursuant to Section 3.15(a) herein during such Collection Period and the Weighted Average Net Mortgage Rate for Period;
(ax) the ________ Loans, (b) the _______Loans and (c) the _________ Loans Net WAC Rate for the related Collection Period;
(viiixi) prior to the Special Capital Distribution Amount and second Determination Date following the Required Special Capital Distribution Amount, in each case as the end commencement of the related Collection Rapid Amortization Period; and
(ix) , the aggregate amount of Additional Loans acquired Balances created during the previous Collection Period with amounts in respect and conveyed to the Issuer prior to the commencement of Net Principal Collections from the Funding Accountsuch Rapid Amortization Period;
(xxii) the aggregate Liquidation Loss Amounts with respect to the related Collection Period, the amount distributed as principal to Noteholders in respect of any remaining Carryover Liquidation Loss Amount with respect to the Notes and Certificates, respectively, Amounts and the aggregate of the Liquidation Loss Amounts (minus any Subsequent Net Recovery Amounts) from all Collection Periods to date expressed as dollar amount and as a percentage of the sum of (a) the aggregate Cut-Off Date Pool Balance and (b) the amount by which the Pool Balance as Principal Balances of the latest date that the Additional Loans have been transferred to the Company exceeds the Cut-Off Date Pool BalanceMortgage Loans;
(xi) any unpaid interest on the Notes and Certificates, respectively, after such Distribution Date;
(xiixiii) the aggregate Principal Note Balance of each Class of Notes and the Certificate Balance of each Class of the Certificates after giving effect to the distribution of principal on such Payment Date;
(xiiixiv) the respective Security balance of the Funding Account and the Reserve Sub-Account as of the end of the preceding Collection Period;
(xv) the Percentage Interest applicable to each of the Notes and CertificatesSecurities, after application of payments made on such Payment Date;
(xvi) the Overcollateralization Amount as of the end of the preceding Collection Period; and
(xivxvii) the amount distributed pursuant aggregate Principal Balance of Subsequent Mortgage Loans transferred to Section 3.05(a)(xi) of the Indenture on such Payment DateTrust Estate. In the case of information furnished pursuant to clauses (ii) and (iii) above, the amounts shall be expressed as an aggregate dollar amount per Note or Certificate, as applicable, with a $25,000 denomination and per Certificate with a $1,000 denominationdenomination equal to a 100% Percentage Interest. If a Rapid Amortization Event or a Servicing Default shall occur, on the Business Day following the related Determination Date, the Servicer shall forward to the Indenture Trustee, a statement to such effect, including the nature of such Rapid Amortization Event or Servicing Default. Upon the Servicer's becoming aware of any Early Amortization Event, the Servicer shall forward to the Indenture Trustee and the Enhancer, a statement to such effect, including the nature of such Early Amortization Event. The Indenture Trustee, pursuant to Section 3.26 of the Indenture, shall deliver or cause to be delivered by mail to each Certificateholder, each Noteholder, the Enhancer, the Depositor, the Owner Trustee, the Certificate Paying Agent and each Rating Agency, notice of such Rapid Amortization Event, Early Amortization Event or Servicing Default, including, the nature thereof. Such statement may be included in, or separate from, the regular statement sent to Securityholders. The Indenture Trustee will make the Servicing Certificate (and, at its option, any additional files containing the same information in an alternative format) available each month to Securityholders, and other parties to this Agreement via the Indenture Trustee's internet website. The Indenture Trustee's internet website shall initially be located at "www.ctslink.com". Assistance in using the website can be obtained ▇▇ ▇▇▇▇▇▇▇ ▇▇▇ Indenture Trustee's customer service desk at (301) 815-6600. Parties that are unable to use the above di▇▇▇▇▇▇▇▇▇▇ ▇▇▇ions are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Indenture Trustee shall have the right to change the way the statements to Securityholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Indenture Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The Indenture Trustee may require registration and the acceptance of a disclaimer in connection with access to its website.
(b) The Servicer shall forward to the Indenture Trustee any other information reasonably requested by the Indenture Trustee necessary to make distributions pursuant to Section 3.05 of the Indenture. Prior to the close of business on the Business Day next succeeding each Determination Date, the Servicer shall furnish a written statement to the Company, the Owner Trustee, the Depositor, the Certificate Paying Agent and the Indenture Trustee setting forth (i) all the foregoing information, (ii) the aggregate amounts required to be withdrawn from the Collection Custodial Account and the Reserve Sub-Account and deposited into the Note Payment Account, Reserve Sub-Account, Funding Account and/or Distribution Account on the Business Day preceding the related Payment Date pursuant to Section 3.03 and (iii) the amounts (A) withdrawn from the Payment Account and deposited to the Funding Account pursuant to Section 8.02(b) of the Indenture and (B) withdrawn from the Funding Account and deposited to the Collection Account pursuant to Section 8.02(c)(i) of the Indenture3.03. The determination by the Servicer of such amounts shall, in the absence of obvious error, be presumptively deemed to be presumptively correct for all purposes hereunder hereunder, and the Owner Trustee and the Indenture Trustee shall be protected in relying upon the same without any independent check or verification. In addition, upon the Company’s Issuer's written request, the Servicer shall promptly furnish such information reasonably requested by the Company Issuer that is reasonably available to the Servicer to enable the Company Issuer to perform its federal and state income tax reporting obligations.
(c) If the Note Balance of the Variable Pay Revolving Notes is to be reduced on any Payment Date pursuant to the terms of the Indenture, the Servicer shall, not later than 12:00 Noon (New York time) on the second Business Day prior to such Payment Date, deliver a written notice to the Administrative Agent specifying the amount of such reduction.
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Sources: Servicing Agreement (Residential Asset Mort Prod Inc Gmacm Home Eq Ln Tr 2004 He1)