Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period; (vi) the Pool Balance at the Close of Business at the end of the related Due Period; (vii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment Period; (viii) the number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties; (ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property; (x) the total number and cumulative principal balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period; (xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses; (xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date; (xiv) the Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date; (xv) the Monthly Interest Distributable Amount in respect of the Class A Certificates, the Mezzanine Certificates, the Class C Certificates and the Class S Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date; (xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26; (xvii) the Credit Enhancement Percentage for such Distribution Date; (xviii) the Net WAC Rate Carryover Amount for the Class A Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date; (xx) when the Stepdown Date or a Trigger Event has occurred; (xxi) the Available Funds; (xxii) the respective Pass-Through Rates applicable to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass- Through Rate applicable to the Class A Certificates and the Mezzanine Certificates for the immediately succeeding Distribution Date; (xxiii) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and the Reserve Fund; and (xxiv) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand service. The Trustee's fax-on- demand service may be accessed by calling (301) 815-6610. The Trustee's intern▇▇ ▇▇▇▇▇▇▇ ▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r the fax-on-demand service can be obtained by calling the Trustee's customer service desk at (301) 815-6600. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Trustee shall forward to the Class R Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Option One Mort Accept Corp Asset Backed Cert Series 2000-3), Pooling and Servicing Agreement (Option One Mort Accept Corp Asset Backed Cert Series 2000-3)
Statements. (a) On each Distribution Date, based, as applicable, on the Mortgage Loan information provided to it by contained in the Master ServicerRemittance Report, the Trustee shall (i) prepare and make available forward by mail to each Holder of the Regular Certificates and (ii) make available on its website at www.usbank.com/abs for access by e▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇ Regular Certificates, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates)allocable to principal or reduction of Notional Amount, separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interestinterest or Class X Distributable Amount, separately identified;
(iii) the Overcollateralized Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Monthly Excess Overcollateralized Interest Amount for the Mortgage Pool and Monthly Excess Cashflow Amount for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns[reserved];
(v) the aggregate amount of Advances for the related Due Collection Period;
(vi) the Pool Balance at the Close close of Business business at the end of the related Due Collection Period;
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDue Date;
(viii) the number and aggregate unpaid principal balance Principal Balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays past due on a contractual basis, (2b) 60 to 89 days and past due on a contractual basis, (3c) 90 or more daysdays past due on a contractual basis, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close close of Business business on the last day of the calendar month preceding such Distribution Date and (D) REO PropertiesDate;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Periodcalendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties as of the Close close of Business business of the last day of the preceding Prepayment Collection Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Prepayment Charges collected (including amounts deposited in connection with the full or partial waiver of such Prepayment Charges pursuant to Section 3.01) during the related Collection Period and the amounts thereof allocable to the Class N Certificates and the Class X Certificates;
(xiii) the aggregate amount of Realized Losses incurred during the related Prepayment Collection Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance or Notional Amount, as applicable, of the each Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions distributions, and allocations of Realized Losses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts;
(xv) the Monthly Accrued Certificate Interest Distributable Amount in respect of the each Class A Certificates, the Mezzanine of Offered Certificates, the Class C B-3 Certificates and the Class S B-4 Certificates for such Distribution Date, and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Dateamount of any LIBOR Carryover Amounts;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.263.23;
(xvii) the Credit Enhancement Percentage for such Distribution Dateamount of the Trustee Fee paid;
(xviii) the Net WAC Rate LIBOR Carryover Amount for the Class A Certificates and the Mezzanine Certificates, if any, for Amounts distributed on such Distribution Date and the amount amounts remaining unpaid after reimbursements therefor giving effect to distributions thereof on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or whether a Trigger Event has occurredoccurred and is continuing, and the cumulative Realized Losses, as a percentage of the original Pool Balance;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the rate at which interest accrues for each Class A Certificates, the Mezzanine Certificates and the Class C of Certificates for such Distribution Date and the Pass- Through Rate applicable to the Class A Certificates and the Mezzanine Certificates for the immediately succeeding Distribution Date;
(xxiii) the amount on deposit in Liquidation Report for such Distribution Date;
(xxiv) the Pre-Funding Account, aggregate Principal Balance of Mortgage Loans purchased by the Interest Coverage Account Servicer or Seller during the related Collection Period and indicating the Reserve FundSection of this Agreement requiring or allowing the purchase of each such Mortgage Loan; and
(xxivxxv) for the distribution occurring on the Distribution Date immediately following the end aggregate Principal Balance of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans repurchased by the Servicer (or an affiliate) during the related Collection Period in connection with Section 3.16. 95 The Trustee may fully rely upon and that is being distributed shall have no liability with respect to information with respect to the Class A Certificates as a mandatory prepayment of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing Mortgage Loans provided by the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand service. The Trustee's fax-on- demand service may be accessed by calling (301) 815-6610. The Trustee's intern▇▇ ▇▇▇▇▇▇▇ ▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r the fax-on-demand service can be obtained by calling the Trustee's customer service desk at (301) 815-6600. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changesServicer. In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, shall furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i), (ii), (xv) through and (iiixviii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward to the Class R Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Residual Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (C-Bass MTG Ln as Bk Cert Ser 2004-Cb4), Pooling and Servicing Agreement (C-Bass MTG Ln as Bk Cert Ser 2004-Cb4)
Statements. (a) On each Distribution Date, based, as applicable, based on the Mortgage Loan information provided to it by contained in the Master ServicerRemittance Report, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agenciespost on its website at www.ctslink.com, a statement (the "Distribution Date Statement") as to the distributions ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ns made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates)allocable to principal, separately identified, allocable to principal identified and the amount of the distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges Charges, Originator Prepayment Charge Payment Amounts and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interestinterest or Class CE Distributable Amount, separately identified;
(iii) the Overcollateralized Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Targeted Overcollateralization Target Amount as of such Distribution Date and the Monthly Excess Overcollateralized Interest Amount for the Mortgage Pool and Monthly Excess Cashflow Amount for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to during the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returnsCollection Period;
(v) the aggregate amount of Advances for the related Due Collection Period, cumulative unreimbursed Advances and Servicing Advances and cumulative Nonrecoverable Advances;
(vi) the Pool Balance Balance, at the Close close of Business business at the end of the related Due Collection Period;
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDue Date;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays past due on a contractual basis, (2b) 60 to 89 days and past due on a contractual basis, (3c) 90 or more daysdays past due on a contractual basis, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close close of Business business on the last day of the calendar month preceding such Distribution Date and (D) REO PropertiesDate;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Periodcalendar month, the loan number of such Mortgage Loan, the unpaid principal balance Principal Balance of the REO Property as of the close of business on the last Business Day of such calendar month and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties as of the Close close of Business business of the last day of the preceding Prepayment Collection Period;
(xi) separately stated for each Loan Group, the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) separately stated for each Loan Group, the aggregate amount of Realized Losses incurred during the related Prepayment Collection Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the each Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions, and allocations of Realized Losses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts;
(xiv) the Accrued Certificate Interest in respect of each Class of Certificates for such Distribution Date and any related Cap Carryover Amounts, and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the Class A Certificates, the Mezzanine Certificates, the Class C Certificates and the Class S Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.263.23;
(xvi) the amount of the Trustee Fee paid;
(xvii) the Credit Enhancement Percentage for Cap Carryover Amounts distributed on such Distribution Date, the amounts remaining after giving effect to distributions thereof on such Distribution Date and the amount of all Cap Carryover Amounts covered by withdrawals from the Reserve Account on such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the Class A Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xxxix) when the Stepdown Date or whether a Trigger Event has occurredoccurred and is continuing, and the cumulative Realized Losses, as a percentage of the original Pool Balance;
(xxixx) the Available Funds;
(xxiixxi) the respective Pass-Through Rates applicable to the rate at which interest accrues for each Class A Certificates, the Mezzanine Certificates and the Class C of Certificates for such Distribution Date and Date;
(xxii) the Pass- Through Rate applicable to information contained in the Class A Certificates and the Mezzanine Certificates Liquidation Report for the immediately succeeding such Distribution Date;
(xxiii) the amount on deposit in aggregate Principal Balance of Mortgage Loans purchased by the Pre-Funding AccountMaster Servicer, the Interest Coverage Account Originator or the Seller during the related Prepayment Period and indicating the section of this Agreement requiring or allowing the purchase of each such Mortgage Loan;
(xxiv) the aggregate Principal Balance of the Mortgage Loans repurchased by the Master Servicer during the related Prepayment Period in connection with Section 3.16;
(xxv) the amount of the Credit Risk Manager Fee paid;
(xxvi) the Mortgage Loan identifying number of each Mortgage Loan with a Prepayment Charge that was the subject of a Principal Prepayment in full during the related Collection Period, the Prepayment Charge listed on each related Mortgage Note and the Reserve FundPrepayment Charge collected, the Servicer Prepayment Charge Payment Amount paid by the Master Servicer or the Originator Prepayment Charge Payment Amount paid by the Originator with respect to each such Mortgage Loan;
(xxvii) the amount of any claims made, and any claims rejected, under the Mortgage Insurance Policy during the related Collection Period and the amount of any claims previously paid that are reimbursed to the Insurer (net of the aggregate amount of Premium paid to the Insurer hereunder) pursuant to Section 3.01; and
(xxivxxviii) for the distribution occurring on the Distribution Date immediately following the end amount of Subsequent Recoveries received during the related Funding Prepayment Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders may fully rely upon and the Rating Agencies via the Trustee's internet website and its fax-on-demand service. The Trustee's fax-on- demand service may be accessed by calling (301) 815-6610. The Trustee's intern▇▇ ▇▇▇▇▇▇▇ ▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r the fax-on-demand service can be obtained by calling the Trustee's customer service desk at (301) 815-6600. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ 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 Trustee shall have the right no liability with respect to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible information with respect to the above parties and Mortgage Loans provided by the Trustee shall provide timely and adequate notification to all above parties regarding any such changesMaster Servicer. In the case of information furnished pursuant to subclauses (i), (ii) through and (iiixiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, shall furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i), (ii), (xiv) through and (iiixvii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward to the Class R Certificateholders Certificateholder a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders Class R Certificateholder by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Asset Backed Funding Corp. ABFC Asset Backed Certificates Series 2004-Opt3), Pooling and Servicing Agreement (Abfc Asset-Backed Certificates Series 2004-Opt2)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master NIMS Insurer, the Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount fees and expenses of servicing compensation received by the Master Servicer with respect Trust Fund accrued and paid on such Distribution Date and to the related Due Period whom such fees and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returnsexpenses were paid;
(v) the aggregate amount of Advances for the related Due PeriodPeriod (including the general purpose of such Advances);
(vi) the Pool aggregate Principal Balance at of the Close Mortgage Loans and any REO Properties as of Business at the end of the related relted Due Period;
(vii) the aggregate Principal Balance of any 2nd lien Mortgage Loans;
(viii) the number, aggregate principal balanceStated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance Stated Principal Balance of all Subsequent Mortgage Loans added during the preceding Prepayment Funding Period;
(viiiix) the number and aggregate unpaid principal balance Stated Principal Balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) with respect to any Mortgage Loan that became an REO Property during , as well as the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid aggregate principal balance of Mortgage Loans that were liquidated and the Principal Balance of such Mortgage Loan as of the date it became an REO Propertynet proceeds resulting therefrom;
(x) the total number and cumulative principal balance Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the calendar month preceding Prepayment Periodthe related Distribution Date;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part;
(xii) the Delinquency Percentage;
(xiii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized LossesLosses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date;
(xiiixiv) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Certificate Principal Balance of each Class of Class A Certificates, Mezzanine Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, made on such Distribution Date;
(xvi) the Monthly Interest Distributable Amount in respect of the each Class of Class A Certificates, the Mezzanine Certificates, the Class C Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the each Class of Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvixvii) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) the Credit Enhancement Percentage for such Distribution Date3.24;
(xviii) the Net WAC Rate Carryover Amount for the each Class of Class A Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount whether the Stepdown Date or a Trigger Event has occurred and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on Realized Loss Percentage for such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurredtotal cashflows received and the general sources thereof (including amounts received from the Supplemental Interest Trust Trustee under the Interest Rate Swap Agreement, from the Cap Trustee under the Interest Rate Cap Agreement and under the Basis Risk Cap Agreement);
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the each Class of Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class of Class A Certificates and the Mezzanine Certificates for the immediately succeeding Distribution Date;
(xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract;
(xxiii) the amount of any Net Swap Payments or Swap Termination Payments;
(xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date;
(xxv) the amount on deposit in the Pre-Funding Account, Accounts and the Interest Coverage Account and the Reserve FundAccounts; and
(xxivxxvi) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Group I Pre-Funding Account and/or the Group II Pre-Funding Account that has not been used to purchase Subsequent Group I Mortgage Loans and/or Subsequent Group II Mortgage Loans, as applicable, and that is being distributed to the related Class A Certificates as a mandatory prepayment distribution of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders Certificateholders, the NIMS Insurer, the Credit Risk Manager and the Rating Agencies via the Trustee's ’s internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may ’s internet website shall initially be accessed by calling (301) 815-6610. The Trustee's intern▇▇ located at “h▇▇▇▇▇▇▇ ://▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ .▇▇▇ ▇.▇▇.▇▇▇/▇▇▇▇▇▇▇ ▇r ”. Assistance in using the fax-on-demand service website can be obtained by calling the Trustee's ’s customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) through and (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through and (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Fremont Home Loan Trust 2006-3), Pooling and Servicing Agreement (Fremont Home Loan Trust 2006-3)
Statements. (a1) On each Distribution For the year which includes the Lease Commencement Date, basedand for each calendar year thereafter during the Term, as applicableLandlord shall deliver to Tenant a statement estimating Tenant’s Share of Operating Expenses and Tenant’s Share of Real Estate Tax Expenses for such calendar year, which Tenant shall pay in equal monthly installments in advance on information the first day of each calendar month during each calendar year (provided that Tenant shall not be required to it by make any such payments for the Master Servicerperiod prior to the Lease Commencement Date). Tenant shall continue to pay such estimated Tenant’s Share of Operating Expenses and Tenant’s Share of Real Estate Tax Expenses until Tenant receives the next such statement from Landlord, at which time Tenant shall commence making monthly payments pursuant to Landlord’s new statement. With the first payment of Additional Rent herein which is due at least fifteen (15) days after Tenant’s receipt of a statement from Landlord specifying the estimated Tenant’s Share of Operating Expenses and the estimated Tenant’s Share of Real Estate Tax Expenses payable during the calendar year, Tenant shall pay the difference between Tenant’s monthly share of such sums for the preceding months of the calendar year and the monthly installments which Tenant has actually paid for said preceding months.
(2) Notwithstanding the foregoing provisions of this Subsection 5.C., in determining Tenant’s Share of Operating Expenses for any calendar year, the Trustee portion of Operating Expenses for such calendar year which constitute Controllable Operating Expenses (as hereinafter defined) shall prepare and make available to each Holder not exceed one hundred five percent (105%) of the Regular Certificatesamount of Controllable Operating Expenses (as hereinafter defined) actually included in Operating Expenses (after application of the Controllable Operating Expenses Cap) for the immediately preceding calendar year (the “Controllable Operating Expenses Cap”); provided, however, that in the Master Servicer and event that Controllable Operating Expenses exceed such Controllable Operating Expenses Cap in any calendar year, Landlord may include the Rating Agenciesportion of Controllable Operating Expenses from such calendar year which was in excess of the Controllable Operating Expenses Cap for such calendar year in Operating Expenses for any future calendar year(s) until fully charged, a statement so long as to such Controllable Operating Expenses for any such future calendar year(s) do not exceed 105% of the distributions made on such Distribution Date:
Controllable Operating Expenses actually included in Operating Expenses (after application of the Controllable Operating Expenses Cap) in the immediately-preceding calendar year. As used herein, “Controllable Operating Expenses” shall mean all Operating Expenses except for the following: (i) the amount license and permit fees of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
any nature; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
utility company charges; (iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
insurance premiums; (iv) the aggregate amount of servicing compensation received by the Master Servicer with respect cost to the related Due Period remove snow and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
ice; (v) increased labor costs due to the aggregate amount requirement for use of Advances for labor subject to collective bargaining, which requirement was not in effect as of the related Due Period;
Lease Commencement Date; (vi) the Pool Balance at the Close costs of Business at the end of the related Due Period;
compliance with governmental requirements; and (vii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment Period;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans contractually mandated increases in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) the total number and cumulative principal balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the Class A Certificates, the Mezzanine Certificates, the Class C Certificates and the Class S Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the Class A Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass- Through Rate applicable to the Class A Certificates and the Mezzanine Certificates for the immediately succeeding Distribution Date;
(xxiii) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and the Reserve Fund; and
(xxiv) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand service. The Trustee's fax-on- demand service may be accessed by calling (301) 815-6610. The Trustee's intern▇▇ ▇▇▇▇▇▇▇ ▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r the fax-on-demand service can be obtained by calling the Trustee's customer service desk at (301) 815-6600. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Datecosts.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward to the Class R Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 2 contracts
Sources: Lease Agreement (Evolent Health, Inc.), Lease Agreement (Evolent Health, Inc.)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it the Trust Administrator by the Master ServicerServicer (which in turn shall be based, as applicable, on information provided to the Trustee Master Servicer by the Servicers) the Trust Administrator shall prepare and make available to each Holder of the Regular Certificates, each Servicer, the Master Servicer Credit Risk Manager and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount fees and expenses of servicing compensation received by the Master Servicer with respect Trust Fund accrued and paid on such Distribution Date and to the related Due Period whom such fees and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returnsexpenses were paid;
(v) the aggregate amount of Advances for the related Due PeriodPeriod (including the general purpose of such Advances);
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balanceStated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDate;
(viii) the number and aggregate unpaid principal balance Stated Principal Balance of Mortgage Loans (not including a Liquidated Mortgage Loan as of the end of the Prepayment Period) that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) using the OTS Method (as described below) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefrom;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) the total number and cumulative principal balance Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the calendar month preceding Prepayment Periodthe related Distribution Date;
(xix) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part;
(xiixi) the aggregate amount of Realized Losses incurred during the related Prepayment Period, which will include the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the aggregate amount of Realized Losses incurred since the Closing Date, which will include the cumulative amount of Realized LossesSubsequent Recoveries received since the Closing Date;
(xiiixii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date;
(xivxiii) the Certificate Principal Balance of the each Class A Certificates, the Mezzanine of Floating Rate Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, before and after giving effect to the distributions made on such Distribution Date;
(xvxiv) the Monthly Interest Distributable Amount in respect of the Class A Certificates, the Mezzanine Certificates, the Class C Floating Rate Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Floating Rate Certificates for such Distribution Date;
(xvixv) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master related Servicer pursuant to Section 3.263.24 or pursuant to the related Servicing Agreement;
(xviixvi) the Credit Enhancement Percentage for such Distribution Date;
(xviiixvii) the Net WAC Rate Carryover Amount for the Class A Certificates and the Mezzanine Floating Rate Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xixxviii) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when whether the Stepdown Date or a Trigger Event has occurred, the Delinquency Percentage for such Distribution Date and the Realized Loss Percentage for such Distribution Date;
(xxixix) the Available Fundstotal cashflows received and the general sources thereof (including amounts received from the Supplemental Interest Trust Trustee under the Interest Rate Swap Agreement, from the Cap Trustee under the Interest Rate Cap Agreement and under the Basis Risk Cap Agreement);
(xxiixx) the respective Pass-Through Rates applicable to the Class A Certificates, the Mezzanine Floating Rate Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the Class A Certificates and the Mezzanine Floating Rate Certificates for the immediately succeeding Distribution Date;
(xxiiixxi) payments, if any, made under the Basis Risk Cap Agreement and the Interest Rate Cap Agreement and the amount distributed to the Floating Rate Certificates from such payments;
(xxii) the amount on deposit in of any Net Swap Payments or Swap Termination Payments paid to the Pre-Funding Account, the Interest Coverage Account and the Reserve FundSwap Provider; and
(xxivxxiii) the applicable Record Date, Accrual Period and any other applicable determination dates for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on calculating distributions for such Distribution Date. The Trustee Trust Administrator will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders Certificateholders, the Master Servicer, the Servicers, the Depositor and the Rating Agencies via the Trustee's Trust Administrator’s internet website. The Trust Administrator’s internet website and its fax-on-demand service. The Trustee's fax-on- demand service may shall initially be accessed by calling (301) 815-6610. The Trustee's internlocated at “▇▇ ▇▇.▇▇▇▇▇▇▇ ▇.▇▇▇ll initially be located at "www.ctslink.com"”. Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the Trustee's Trust Administrator’s customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ 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 Trustee Trust Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee Trust Administrator shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access the Trust Administrator’s internet website, the Trust Administrator may require registration and the acceptance of a disclaimer. The Trust Administrator will not be liable for the dissemination of information in accordance with this Agreement. The Trust Administrator shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the distribution date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through and (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trust Administrator from information provided by the Servicer and reported by the Trust Administrator based on the “OTS” methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be Delinquent with respect to a Monthly Payment due on a Due Date if such Monthly Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Monthly Payment if such Monthly Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. Ocwen hereby represents and warrants to the Depositor that this delinquency recognition policy is not less restrictive than any delinquency recognition policy established by the primary safety and soundness regulator, if any, of Ocwen.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee Trust Administrator shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through and (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee Trust Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee Trust Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee Trust Administrator shall forward make available to the Class R Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee Trust Administrator deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee Trust Administrator shall deliver to each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee Trust Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee Trust Administrator pursuant to any requirements of the Code as from time to time in force.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Soundview Home Loan Trust 2007-1), Pooling and Servicing Agreement (Soundview Home Loan Trust 2007-1)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master NIMS Insurer, the Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount and the Senior Credit Enhancement Percentage as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount fees and expenses of servicing compensation received by the Master Servicer with respect Trust Fund accrued and paid on such Distribution Date and to the related Due Period whom such fees and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returnsexpenses were paid;
(v) the aggregate amount of Advances for the related Due PeriodPeriod (including the general purpose of such Advances);
(vi) the Pool aggregate Principal Balance at of the Close Mortgage Loans and any REO Properties as of Business at the end of the related relted Due Period;
(vii) the number, aggregate principal balanceStated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDate;
(viii) the number and aggregate unpaid principal balance Stated Principal Balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefrom;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) the total number and cumulative principal balance Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the calendar month preceding Prepayment Periodthe related Distribution Date;
(xix) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part;
(xi) the Delinquency Percentage;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized LossesLosses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the each Class of Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, before and after giving effect to the distributions distributions, and allocations of Realized Losses, made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each Class of Class A Certificates, the Mezzanine Certificates, the Class C Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the each Class of Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.263.24;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the each Class of Class A Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xixxviii) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when whether the Stepdown Date or a Trigger Event has occurred;
(xxixix) the Available Fundstotal cashflows received and the general sources thereof;
(xxiixx) the respective Pass-Through Rates applicable to the each Class of Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class of Class A Certificates and the Mezzanine Certificates for the immediately succeeding Distribution Date;
(xxiiixxi) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and the Reserve Fundof any Net Swap Payments or Swap Termination Payments; and
(xxivxxii) the applicable Record Dates, Accrual Periods and Determination Dates for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on calculating distributions for such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders Certificateholders, the NIMS Insurer, the Credit Risk Manager and the Rating Agencies via the Trustee's ’s internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may ’s internet website shall initially be accessed by calling (301) 815-6610. The Trustee's intern▇▇ located at “▇▇▇▇▇▇▇ ://▇▇▇ll initially be located at "www.ctslink.com".▇▇▇.▇▇.▇▇▇/invr”. Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the Trustee's ’s customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through and (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through and (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Soundview Home Loan Trust 2006-Opt2), Pooling and Servicing Agreement (Soundview Home Loan Trust 2006-Opt1)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master NIMS Insurer, the Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balanceStated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance Stated Principal Balance of all Subsequent Mortgage Loans added during the preceding Prepayment Funding Period;
(viii) the number and aggregate unpaid principal balance Stated Principal Balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefrom;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property[reserved];
(x) the total number and cumulative principal balance Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized LossesLosses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the each Class A Certificates, the Mezzanine of Adjustable-Rate Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each Class A Certificates, the Mezzanine Certificates, the Class C of Adjustable-Rate Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the each Class A Certificates, the Mezzanine of Adjustable-Rate Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.263.24;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the each Class A Certificates and the Mezzanine of Adjustable-Rate Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the each Class A Certificates, the Mezzanine of Adjustable-Rate Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class A Certificates and the Mezzanine of Adjustable-Rate Certificates for the immediately succeeding Distribution Date;
(xxiii) payments, if any, made under the Cap Contract;
(xxiv) the amount on deposit in the Pre-Funding Account, Accounts and the Interest Coverage Account and the Reserve FundAccounts; and
(xxivxxv) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Group I Pre-Funding Account and/or the Group II Pre-Funding Account that has not been used to purchase Subsequent Group I Mortgage Loans and/or Subsequent Group II Mortgage Loans, as applicable, and that is being distributed to the related Class A Certificates as a mandatory prepayment distribution of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders Certificateholders, the NIMS Insurer, the Credit Risk Manager and the Rating Agencies via the Trustee's ’s internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may ’s internet website shall initially be accessed by calling (301) 815-6610. The Trustee's intern▇▇ located at “h▇▇▇▇▇▇▇ ://▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ .▇▇▇ ▇.▇▇.▇▇▇/▇▇▇▇▇▇▇ ▇r ”. Assistance in using the fax-on-demand service website can be obtained by calling the Trustee's ’s customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through and (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2005-Ffh3), Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2005-Ffh3)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Swap Provider, the Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:Date (the “Monthly Statement”):
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) any fees and expenses of the aggregate amount of servicing compensation received by the Master Servicer with respect Trust accrued and paid on such Distribution Date and to the related Due Period whom such fees and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returnsexpenses were paid;
(v) the aggregate amount of Advances for the related Due PeriodPeriod (including the general purpose of such Advances);
(vi) the Pool Balance aggregate amount of interest and scheduled principal received or advanced by the Servicer with respect to the related Due Period;
(vii) with respect to each Loan Group, the related group balance at the Close of Business at the end of the related Due Period;
(viiviii) the number, aggregate principal balancePrincipal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDate;
(viiiix) the number and aggregate unpaid principal balance of Mortgage Loans (except those Mortgage Loans that are liquidated as of the end of the related Prepayment Period) that were (as determined using the OTS method) (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ixx) with respect to any the Delinquency Percentage;
(xi) the total number and cumulative principal balance of all Liquidated Mortgage Loan that became an REO Property during Loans as of the Close of Business of the last day of the preceding Prepayment Period, prior to the loan number reduction of such Mortgage Loan, the unpaid each principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Propertyto zero;
(xxii) the total number and cumulative principal balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xixiii) the aggregate amount of Principal Prepayments in full, the aggregate amount of Principal Prepayments in part and Net Liquidation Proceeds made during the related Prepayment Period;
(xiixiv) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses;
(xiiixv) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xivxvi) the Certificate Principal Balance of the each Class of Class A Certificates, the each class of Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, before and after giving effect to the distributions made on such Distribution Date;
(xvxvii) the Monthly Interest Distributable Amount in respect of the each Class of Class A Certificates, the each class of Mezzanine Certificates, the Class C Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvixviii) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xviixix) the Senior Credit Enhancement Percentage for such Distribution Date;
(xviiixx) the Net WAC Rate Carryover Amount for the each class of Class A Certificates and the each class of Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xixxxi) the amount of any Overcollateralization Target Amount, Overcollateralized Amount Net Swap Payments or Swap Termination Payments (a) due from the Trust and Overcollateralization Deficiency Amount after giving effect to (b) due from the distribution of principal on such Distribution DateSwap Provider;
(xxxxii) when whether the Stepdown Date or a Trigger Event has occurredis in effect;
(xxixxiii) the Available Fundstotal cashflows received (including amounts received from the Supplemental Interest Trust Trustee under the Interest Rate Swap Agreement);
(xxiixxiv) the respective Pass-Through Rates applicable to the each Class of Class A Certificates, the each Class of Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class of Class A Certificates and the each class of Mezzanine Certificates for the immediately succeeding Distribution Date;
(xxiiixxv) the amount on deposit in the Pre-Funding Net WAC Rate Carryover Reserve Account, the Interest Coverage Account and the Reserve Fund; and
(xxivxxvi) the applicable Record Date, Accrual Period and Determination Date for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on calculating distributions for such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders Certificateholders, the NIMS Insurer, the Swap Provider and the Rating Agencies via the Trustee's ’s internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may ’s internet website shall initially be accessed by calling (301) 815-6610. The Trustee's internlocated at “w▇▇ ▇.▇▇▇▇▇▇▇ ▇.▇▇▇ll initially be located at "www.ctslink.com"”. Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the Trustee's ’s customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the distribution date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year. In addition, the Trustee shall, upon written request, furnish to each Person who at will report on Form 10-D any time during material breaches of representations and warranties regarding the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied Mortgage Loans to the extent known to the Trustee and if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that substantially comparable information have become material over time. For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be prepared and furnished determined by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward to the Class R Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to by the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared Servicer and furnished to Certificateholders reported by the Trustee pursuant based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be Delinquent with respect to a Monthly Payment due on a Due Date if such Monthly Payment is not made by the close of business on the Mortgage Loan's next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Monthly Payment if such Monthly Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any requirements of the Code as from time to time in forcedelinquency recognition policy established by its safety and soundness regulators.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Option One Mortgage Loan Trust 2007-Cp1), Pooling and Servicing Agreement (Option One Mortgage Loan Trust 2007-Cp1)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer NIMS Insurer, the Servicer, the Swap Provider and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount and the Credit Enhancement Percentage as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount fees and expenses of servicing compensation received by the Master Servicer with respect Trust Fund accrued and paid on such Distribution Date and to the related Due Period whom such fees and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returnsexpenses were paid;
(v) the aggregate amount of Advances for the related Due PeriodPeriod (including the general purpose of such Advances);
(vi) the Pool aggregate Principal Balance at of the Close Mortgage Loans and any REO Properties as of Business at the end of the related Due Period;
(vii) the number, aggregate principal balanceStated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDate;
(viii) the number and aggregate unpaid principal balance Stated Principal Balance of Mortgage Loans (not including a Liquidated Mortgage Loan as of the end of the Prepayment Period) that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) using the OTS Method (as described below) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefrom;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) the total number and cumulative principal balance Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the calendar month preceding Prepayment Periodthe related Distribution Date;
(xix) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part;
(xi) the Delinquency Percentage and the Realized Loss Percentage;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and which will include the cumulative amount of Realized LossesLosses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the each Class A Certificates, the Mezzanine of Floating Rate Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, before and after giving effect to the distributions distributions, and allocations of Realized Losses, made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each Class A Certificates, the Mezzanine Certificates, the Class C of Floating Rate Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the each Class A Certificates, the Mezzanine of Floating Rate Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.263.24;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the each Class A Certificates and the Mezzanine of Floating Rate Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xixxviii) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when whether the Stepdown Date or a Trigger Event has occurred;
(xxixix) the Available Fundstotal cashflows received and the general sources thereof (including amounts received from the Supplemental Interest Trust Trustee under the Interest Rate Swap Agreement and from the Cap Trustee under the Interest Rate Cap Agreement and under the Basis Risk Cap Agreement);
(xxiixx) the respective Pass-Through Rates applicable to the each Class A Certificates, the Mezzanine of Floating Rate Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class A Certificates and the Mezzanine of Floating Rate Certificates for the immediately succeeding Distribution Date;
(xxiiixxi) payments, if any, made under the Basis Risk Cap Agreement and the Interest Rate Cap Agreement and the amount distributed to the Floating Rate Certificates from such payments;
(xxii) the amount on deposit in of any Net Swap Payments or Swap Termination Payments paid to the Pre-Funding Account, the Interest Coverage Account and the Reserve FundSwap Provider; and
(xxivxxiii) the applicable Record Date, Accrual Period and any other applicable determination dates for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on calculating distributions for such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders Certificateholders, the NIMS Insurer, the Swap Provider and the Rating Agencies via the Trustee's ’s internet website and its fax-on-demand service. The Trustee's fax-on- demand service may be accessed by calling (301) 815-6610. The Trustee's internlocated at w▇▇ ▇.▇▇▇▇▇▇▇ ▇.▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the Trustee's ’s customer service desk at (301) 8151-6600866-846-4526. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through and (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be Delinquent with respect to a Monthly Payment due on a Due Date if such Monthly Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Monthly Payment if such Monthly Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date (the “OTS Method”). The Servicer hereby represents and warrants to the Depositor that this delinquency recognition policy is not less restrictive than any delinquency recognition policy established by the primary safety and soundness regulator, if any, of the Servicer.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through and (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
(e) On each Distribution Date, the Trustee shall make available an updated electronic loan-level data tape to Bloomberg Financial Markets, Inc., Loan Performance and Intex Solutions in a format acceptable to each of Bloomberg Financial Markets, Inc., Loan Performance and Intex Solutions, and shall supply such electronic loan-level data tape to each Certificateholder who requests such information.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Soundview Home Loan Trust 2007-Opt3), Pooling and Servicing Agreement (Soundview Home Loan Trust 2007-Opt2)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Swap Provider, the Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:Date (the “Monthly Statement”):
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) any fees and expenses of the aggregate amount of servicing compensation received by the Master Servicer with respect Trust accrued and paid on such Distribution Date and to the related Due Period whom such fees and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returnsexpenses were paid;
(v) the aggregate amount of Advances for the related Due PeriodPeriod (including the general purpose of such Advances);
(vi) the Pool Balance aggregate amount of interest and scheduled principal received or advanced by the Servicer with respect to the related Due Period;
(vii) with respect to each Loan Group, the related group balance at the Close of Business at the end of the related Due Period;
(viiviii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDate;
(viiiix) the number and aggregate unpaid principal balance of Mortgage Loans (except those Mortgage Loans that are liquidated as of the end of the related Prepayment Period) that were (as determined using the OTS method) (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ixx) with respect to any the Delinquency Percentage;
(xi) the total number and cumulative principal balance of all Liquidated Mortgage Loan that became an REO Property during Loans as of the Close of Business of the last day of the preceding Prepayment Period, prior to the loan number reduction of such Mortgage Loan, the unpaid each principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Propertyto zero;
(xxii) the total number and cumulative principal balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xixiii) the aggregate amount of Principal Prepayments in full, the aggregate amount of Principal Prepayments in part and Net Liquidation Proceeds made during the related Prepayment Period;
(xiixiv) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses;
(xiiixv) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xivxvi) the Certificate Principal Balance of the each Class of Class A Certificates, the each class of Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, before and after giving effect to the distributions made on such Distribution Date;
(xvxvii) the Monthly Interest Distributable Amount in respect of the each Class of Class A Certificates, the each class of Mezzanine Certificates, the Class C Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvixviii) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xviixix) the Senior Credit Enhancement Percentage for such Distribution Date;
(xviiixx) the Net WAC Rate Carryover Amount for the each class of Class A Certificates and the each class of Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xixxxi) the amount of any Overcollateralization Target Amount, Overcollateralized Amount Net Swap Payments or Swap Termination Payments (a) due from the Trust and Overcollateralization Deficiency Amount after giving effect to (b) due from the distribution of principal on such Distribution DateSwap Provider;
(xxxxii) when whether the Stepdown Date or a Trigger Event has occurredis in effect;
(xxixxiii) the Available Fundstotal cashflows received;
(xxiixxiv) the respective Pass-Through Rates applicable to the each Class of Class A Certificates, the each Class of Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class of Class A Certificates and the each class of Mezzanine Certificates for the immediately succeeding Distribution Date;
(xxiiixxv) (A) the amount of payments received related to claims under the PMI Policy during the related Prepayment Period (and the number of Mortgage Loans to which such payments related) and (B) the cumulative amount of payments received related to claims under the PMI Policy since the Closing Date (and the number of Mortgage Loans to which such payments related);
(xxvi) A) the dollar amount of claims made under the PMI Policy that were denied during the Prepayment Period (and the number of Mortgage Loans to which such denials related) and (B) the dollar amount of the cumulative claims made under the PMI Policy that were denied since the Closing Date (and the number of Mortgage Loans to which such denials related);
(xxvii) the amount on deposit in the Pre-Funding Net WAC Rate Carryover Reserve Account, the Interest Coverage Account and the Reserve Fund; and
(xxivxxviii) the applicable Record Date, Accrual Period and Determination Date for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on calculating distributions for such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders Certificateholders, the NIMS Insurer and the Rating Agencies via the Trustee's internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may internet website shall initially be accessed by calling (301) 815-6610. The Trustee's internlocated at “w▇▇ ▇.▇▇▇▇▇▇▇ ▇.▇▇▇ll initially be located at "www.ctslink.com"”. Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the Trustee's customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access the Trustee's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the distribution date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. In addition, the Trustee will report on Form 10-D any material breaches of representations and warranties regarding the Mortgage Loans to the extent known to the Trustee and 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.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer and each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
(e) For each Distribution Date, through and including the Distribution Date in December 2006, the Trustee shall calculate the Significance Percentage of the Interest Rate Swap Agreement. If on any such Distribution Date, the Significance Percentage is equal to or greater than 9%, the Trustee shall promptly notify the Depositor and the Depositor, on behalf of the Trustee, shall obtain the financial information required to be delivered by the Swap Provider pursuant to the terms of the Interest Rate Swap Agreement. If, on any succeeding Distribution Date through and including the Distribution Date in December 2006, the Significance Percentage is equal to or greater than 10%, the Trustee shall promptly notify the Depositor and the Depositor shall, within 5 Business Days of such Distribution Date, deliver to the Trustee the financial information provided to it by the Swap Provider for inclusion in the Form 10-D relating to such Distribution Date. If on any Distribution Date after December 2006, the Significance Percentage is greater than 10%, the Trustee shall include the Significance Percentage on the statement to Certificateholders for the related Distribution Date.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Option One Mortgage Loan Trust 2006-3), Pooling and Servicing Agreement (Option One Mortgage Loan Trust 2006-3)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Swap Provider, the Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:Date (the “Monthly Statement”):
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) any fees and expenses of the aggregate amount of servicing compensation received by the Master Servicer with respect Trust accrued and paid on such Distribution Date and to the related Due Period whom such fees and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returnsexpenses were paid;
(v) the aggregate amount of Advances for the related Due PeriodPeriod (including the general purpose of such Advances);
(vi) the Pool Balance aggregate amount of interest and scheduled principal received or advanced by the Servicer with respect to the related Due Period;
(vii) with respect to each Loan Group, the related group balance at the Close of Business at the end of the related Due Period;
(viiviii) the number, aggregate principal balancePrincipal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDate;
(viiiix) the number and aggregate unpaid principal balance of Mortgage Loans (except those Mortgage Loans that are liquidated as of the end of the related Prepayment Period) that were (as determined using the OTS method) (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ixx) with respect to any the Delinquency Percentage;
(xi) the total number and cumulative principal balance of all Liquidated Mortgage Loan that became an REO Property during Loans as of the Close of Business of the last day of the preceding Prepayment Period, prior to the loan number reduction of such Mortgage Loan, the unpaid each principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Propertyto zero;
(xxii) the total number and cumulative principal balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xixiii) the aggregate amount of Principal Prepayments in full, the aggregate amount of Principal Prepayments in part and Net Liquidation Proceeds made during the related Prepayment Period;
(xiixiv) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses;
(xiiixv) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xivxvi) the Certificate Principal Balance of the each Class of Class A Certificates, the each class of Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, before and after giving effect to the distributions made on such Distribution Date;
(xvxvii) the Monthly Interest Distributable Amount in respect of the each Class of Class A Certificates, the each class of Mezzanine Certificates, the Class C Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvixviii) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xviixix) the Senior Credit Enhancement Percentage for such Distribution Date;
(xviiixx) the Net WAC Rate Carryover Amount for the each class of Class A Certificates and the each class of Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xixxxi) the amount of any Overcollateralization Target Amount, Overcollateralized Amount Net Swap Payments or Swap Termination Payments (a) due from the Trust and Overcollateralization Deficiency Amount after giving effect to (b) due from the distribution of principal on such Distribution DateSwap Provider;
(xxxxii) when whether the Stepdown Date or a Trigger Event has occurredis in effect;
(xxixxiii) the Available Fundstotal cashflows received (including amounts received from the Supplemental Interest Trust Trustee under the Interest Rate Swap Agreement);
(xxiixxiv) the respective Pass-Through Rates applicable to the each Class of Class A Certificates, the and Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class of Class A Certificates and the Mezzanine Certificates for the immediately succeeding Distribution Date;
(xxiiixxv) the amount on deposit in the Pre-Funding Net WAC Rate Carryover Reserve Account, the Interest Coverage Account and the Reserve Fund; and
(xxivxxvi) the applicable Record Date, Accrual Period and Determination Date for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on calculating distributions for such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders Certificateholders, the NIMS Insurer, the Swap Provider and the Rating Agencies via the Trustee's ’s internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may ’s internet website shall initially be accessed by calling (301) 815-6610. The Trustee's internlocated at “▇▇ ▇▇.▇▇▇▇▇▇▇ ▇.▇▇▇ll initially be located at "www.ctslink.com"”. Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the Trustee's ’s customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the distribution date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. In addition, the Trustee will report on Form 10-D any material breaches of representations and warranties regarding the Mortgage Loans to the extent known to the Trustee and 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. For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be Delinquent with respect to a Monthly Payment due on a Due Date if such Monthly Payment is not made by the close of business on the Mortgage Loan's next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Monthly Payment if such Monthly Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date (the “OTS Method”). The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer and each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
(e) For each Distribution Date, through and including the Distribution Date in December 2007, the Trustee shall calculate the Significance Percentage of the Interest Rate Swap Agreement. If on any such Distribution Date, the Significance Percentage is equal to or greater than 9%, the Trustee shall promptly notify the Depositor and the Depositor, on behalf of the Trustee, shall obtain the financial information required to be delivered by the Swap Provider pursuant to the terms of the Interest Rate Swap Agreement. If, on any succeeding Distribution Date through and including the Distribution Date in December 2007, the Significance Percentage is equal to or greater than 10%, the Trustee shall promptly notify the Depositor and the Depositor shall, within 5 Business Days of such Distribution Date, deliver to the Trustee the financial information provided to it by the Swap Provider for inclusion in the Form 10-D relating to such Distribution Date. If on any Distribution Date after December 2007, the Significance Percentage is greater than 10%, the Trustee shall include the Significance Percentage on the statement to Certificateholders for the related Distribution Date.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Option One Mortgage Loan Trust 2007-4), Pooling and Servicing Agreement (Option One Mortgage Loan Trust 2007-3)
Statements. (a) On each Distribution Date, the Securities Administrator shall make available to the Trustee, each Certificateholder, the Yield Maintenance Provider, the Seller, any NIMS Insurer, the Master Servicer and each Rating Agency, a statement based, as applicable, on loan-level information provided to it by obtained from the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer Basis Risk Cap Provider and the Rating Agencies, a statement Servicers (the “Distribution Date Statement”) as to the distributions to be made or made, as applicable, on such Distribution Date. Information in the Distribution Date Statement relating to or based on amounts available in the Yield Maintenance Account shall be based on information provided by the Yield Maintenance Provider regarding any Yield Maintenance Distributable Amounts required to be paid by the Yield Maintenance Provider for the related Distribution Date pursuant to the Yield Maintenance Agreement. The Distribution Date Statement shall include the following information, in each case, with respect to such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amountsprincipal;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date[Reserved];
(iv) the aggregate amount of servicing compensation received by the Servicing Fees, Subservicing Fees, Master Servicer with respect to Servicing Fees and Credit Risk Manager Fees for the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returnsPeriod;
(v) the amount of Advances for each Loan Group and the aggregate amount of Advances for the related Due PeriodPeriod and the amount of unreimbursed Advances;
(vi) the Pool Loan Group Balance for each Loan Group and the Net WAC for each Loan Group at the Close of Business at the end of the related Due Period;
(vii) the Pool Balance, the Pool Collateral Balance and the Loan Group Balance for such Distribution Date;
(viii) for each Loan Group, the aggregate Principal Balance of the MTA Indexed Mortgage Loans at the Close of Business at the end of the related Due Period;
(ix) for each Loan Group, the amount of fees, expenses or indemnification amounts paid by the Trust Fund with an identification of the general purpose of such amounts and the party receiving such amounts;
(x) for each Loan Group, the number, aggregate principal balance, weighted average remaining term to maturity maturity, weighted average life and weighted average Mortgage Loan Rate of the related Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDue Date;
(viiixi) for each Loan Group, the number and aggregate unpaid principal balance of the related Mortgage Loans that were Loans, (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays Delinquent, (2b) 60 to 89 days and Delinquent, (3c) 90 or more daysdays Delinquent, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more daysbankruptcy, in each case as of the close of business on the last day of the preceding calendar month, using the OTS method;
(xii) for each Loan Group, the book value (if available) of any REO Property as of the Close of Business on the last day Business Day of the calendar month preceding such the Distribution Date and (D) REO Properties;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment PeriodDate, the loan number of such Mortgage Loanand, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Prepayment Due Period;
(xixiii) for each Loan Group, the aggregate amount of any Principal Prepayments, net Principal Prepayments or other unscheduled recoveries of principal with respect to each Loan Group made during the related Prepayment Period;
(xiixiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the related Prepayment Due Period for each Loan Group and the cumulative amount of Realized Losses;
(xiii) Losses and the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance Realized Losses, if any, allocated to each Class of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the any distributions made thereon, on such Distribution Date;
(xv) the Class Principal Balance of each Class of Certificates and the Apportioned Principal Balances of the Subordinate Certificates after giving effect to any distributions made thereon, on such Distribution Date;
(xvi) for each Loan Group, the Monthly Interest Distributable Amount and the Interest Distributable Amount in respect of the each related Class A of Certificates, the Mezzanine Certificates, the Class C Certificates and the Class S Certificates for such Distribution Date and the Unpaid Interest Shortfall Amountrespective portions thereof, if any, with remaining unpaid following the distributions made in respect to the Class A Certificatesof such Certificates on such Distribution Date;
(xvii) for each Class, the Mezzanine Certificates aggregate amount of any Net Interest Shortfalls and the Unpaid Interest Shortfall Amount for such Distribution Date after giving effect to any distributions made thereon, on such Distribution Date;
(xviii) for each Loan Group, the related Available Funds;
(xix) for each Loan Group, the Pass-Through Rate and related Adjusted Cap Rate for each Class C of Certificates for such Distribution Date;
(xvixx) for each Loan Group, the aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period;
(xxi) for each Loan Group, the amount of any Prepayment Principal Deficiency Amounts or Accrued Interest Shortfalls for such Distribution Date, Amounts paid to the extent not covered by payments by the Master Servicer an Undercollateralized Group or amounts paid pursuant to Section 3.265.01(f)(i);
(xviixxii) the Credit Enhancement Percentage for such Distribution Datecurrent Recoveries allocable to each Loan Group;
(xviiixxiii) cumulative Recoveries allocable to each Loan Group;
(xxiv) the Net WAC Rate Carryover Amount for the Class A Certificates and the Mezzanine Certificatesamount of any Basis Risk Shortfall, if any, for such Distribution Date and the amount remaining unpaid each Class after reimbursements therefor giving effect to any distributions made thereon, on such Distribution Date;
(xixxxv) for each Loan Group, the amount of Deferred Interest and Net Deferred Interest, if any, for such Loan Group;
(xxvi) the amount of Net Deferred Interest, if any, added to the Class Principal Balance of the Certificates;
(xxvii) the amount of any Overcollateralization Target Unpaid Interest Shortfall Amount;
(xxviii) the amount of the Group 1 Final Maturity Reserve Amount, the Group 2 Final Maturity Reserve Amount and the Aggregate Final Maturity Reserve Amount deposited in the Final Maturity Reserve Account, and, on the Final Maturity Reserve Termination Date, the amount distributed from the Final Maturity Reserve Account to each Class of Certificates;
(xxix) the Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such for that Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxixxx) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates Overcollateralization Target Amount for such Distribution Date and the Pass- Through Rate applicable to the Class A Certificates and the Mezzanine Certificates for the immediately succeeding that Distribution Date;
(xxiiixxxi) the amount remitted by the Administrator to the Securities Administrator pursuant to the Yield Maintenance Allocation Agreement;
(xxxii) the payments, if any, made from the Yield Maintenance Account and the amount distributed to the LIBOR Certificates from such payments;
(xxxiii) the amount of any Class P Distributable Amount and the amount of any Class ES Distributable Amount;
(xxxiv) the amount on deposit in the Pre-Funding Account, Prefunding Account in the Interest Coverage Account aggregate and for each Loan Group (including a breakdown of amounts released during the Reserve Fund; and
(xxiv) for the distribution occurring prior calendar month in respect of Aggregate Subsequent Transfer Amounts or amounts included in Available Funds on the Distribution Date immediately in the month following the end of the related Funding Prefunding Period, );
(xxxv) the balance on deposit in amount of any payments made by the Pre-Funding Basis Risk Cap Provider to the Basis Risk Cap Account that has not been used pursuant to purchase Section 5.13; and
(xxxvi) the aggregate Principal Balance and number of Subsequent Mortgage Loans and that is being distributed to purchased in the Class A Certificates as a mandatory prepayment of principal, if any, on such Distribution DatePrefunding Period. The Trustee will Securities Administrator shall make such statement the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies parties to this Agreement via the Trustee's Securities Administrator’s internet website. The Securities Administrator’s internet website and its fax-on-demand service. The Trustee's fax-on- demand service may shall initially be accessed by calling (301) 815-6610. The Trustee's internlocated at “w▇▇ ▇.▇▇▇▇▇▇▇ ▇.▇▇▇ll initially be located at "www.ctslink.com". .” Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the Trustee's Securities Administrator’s customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee Securities Administrator shall have the right to change the way such statements reports are distributed in order to make such distribution more convenient and/or more accessible to the above parties parties, and the Trustee Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changeschange. In the case of information furnished pursuant to subclauses (i) through and (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Initial Cut-off Date. In addition to the information listed above, such Distribution Date Statement or the report on Form 10-D for such Distribution Date shall also include any other information required by Item 1121 (§ 229.1121) of Regulation AB.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee Securities Administrator shall, upon written request, furnish to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such PersonPerson or any NIMS Insurer, such information as is reasonably necessary to provide to such Person or any NIMS Insurer a statement containing the information set forth in subclauses (i) through and (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person or any NIMS Insurer was a CertificateholderCertificateholder and such other customary information which a Certificateholder reasonably requests to prepare its tax returns. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee Securities Administrator shall forward supply an electronic tape to the Class R Certificateholders Bloomberg Financial Markets, Inc. in a copy of the reports forwarded format acceptable to the Regular Certificateholders Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to Loan Performance and Intex Solutions in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriatea format acceptable to Loan Performance and Intex Solutions on a monthly basis.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (HarborView 2007-6), Pooling and Servicing Agreement (HarborView 2007-6)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master ServicerServicer pursuant to Section 4.04(a), the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution DateDate which shall include the following information:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balanceStated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDate;
(viii) the number and aggregate unpaid principal balance Stated Principal Balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property[Reserved];
(x) the total number and cumulative principal balance Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates, the Class B-1 Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each Class of Class A Certificates, the each Class of Mezzanine Certificates, the Class C B-1 Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates, the Class B-1 Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the each Class of Class A Certificates, each Class of Mezzanine Certificates and the Mezzanine Class B-1 Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the each Class of Class A Certificates, each Class of Mezzanine Certificates, the Mezzanine Class B-1 Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class of Class A Certificates and the each Class of Mezzanine Certificates for the immediately succeeding Distribution Date;; 101
(xxiii) the amount on deposit in the Pre-Funding AccountDividend Account immediately prior to the related Servicer Remittance Date, the Interest Coverage amount deposited into the Dividend Account on the related Servicer Remittance Date (separately identifying the amount received from Mortgagors and the Reserve Fundamount advanced) and the amount withdrawn from the Dividend Account on the related Servicer Remittance Date (separately identifying the amount refunded to Mortgagors and the amount distributed to the holder of the Dividend Account Certificate on such Distribution Date); and
(xxiv) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principalpayments, if any, on such Distribution Datemade under the Cap Contract. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand service. The Trustee's fax-on- demand service may initially to be accessed by calling (301) 815-6610. The Trustee's internlocated at "▇▇ ▇▇.▇▇▇▇▇▇▇ ▇.▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the Trustee's customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward to the Class R Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Financial Asset Sec Corp Asset Backed Cert Ser 2003 Ffh1)
Statements. (a) On each Distribution Date, based, as applicable, based on the Mortgage Loan information provided to it by contained in the Master ServicerRemittance Report, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agenciespost on its website at www.jpmorgan.com/sfr, a statement as to (the distributions "Distribution Date Statement") ▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ons made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates)allocable to principal, separately identified, allocable to principal identified and the amount of the distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges Charges, Originator Prepayment Charge Payment Amounts and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interestinterest or Class CE Distributable Amount, separately identified;
(iii) the Overcollateralized Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Targeted Overcollateralization Target Amount as of such Distribution Date and the Monthly Excess Overcollateralized Interest Amount for the Mortgage Pool and Monthly Excess Cashflow Amount for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to during the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returnsCollection Period;
(v) the aggregate amount of Advances for the related Due Collection Period, cumulative unreimbursed Advances and Servicing Advances and cumulative Nonrecoverable Advances;
(vi) the Pool Balance Balance, at the Close close of Business business at the end of the related Due Collection Period;
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDue Date;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays past due on a contractual basis, (2b) 60 to 89 days and past due on a contractual basis, (3c) 90 or more daysdays past due on a contractual basis, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close close of Business business on the last day of the calendar month preceding such Distribution Date and (D) REO PropertiesDate;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Periodcalendar month, the loan number of such Mortgage Loan, the unpaid principal balance Principal Balance of the REO Property as of the close of business on the last Business Day of such calendar month and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties as of the Close close of Business business of the last day of the preceding Prepayment Collection Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Collection Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the each Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions, and allocations of Realized Losses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts;
(xiv) the Accrued Certificate Interest in respect of each Class of Certificates for such Distribution Date and any related Cap Carryover Amounts, and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the Class A Certificates, the Mezzanine Certificates, the Class C Certificates and the Class S Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.263.23;
(xviixvi) the Credit Enhancement Percentage for Cap Carryover Amounts distributed on such Distribution Date;
(xviii) , the Net WAC Rate Carryover Amount for the Class A Certificates and the Mezzanine Certificates, if any, for amounts remaining after giving effect to distributions thereof on such Distribution Date and the amount remaining unpaid after reimbursements therefor of all Cap Carryover Amounts covered by withdrawals from the Class A Reserve Account, the Class M-1, Class M-2 and Class M-3 Reserve Account and the Class M-4, Class M-5, Class M-6 and Class M-7A Reserve Account on such Distribution Date;
(xixxvii) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xxxviii) when the Stepdown Date or whether a Trigger Event has occurredoccurred and is continuing, and the cumulative Realized Losses, as a percentage of the original Pool Balance;
(xxixix) the Available Funds;
(xxiixx) the respective Pass-Through Rates applicable to the rate at which interest accrues for each Class A Certificates, the Mezzanine Certificates and the Class C of Certificates for such Distribution Date and Date;
(xxi) the Pass- Through Rate applicable to information contained in the Class A Certificates and the Mezzanine Certificates Liquidation Report for the immediately succeeding such Distribution Date;
(xxii) the aggregate Principal Balance of Mortgage Loans purchased by the Servicer, the Originator or the Seller during the related Prepayment Period and indicating the section of this Agreement requiring or allowing the purchase of each such Mortgage Loan;
(xxiii) the aggregate Principal Balance of the Mortgage Loans repurchased by the Servicer during the related Prepayment Period in connection with Section 3.16;
(xxiv) the amount of the PMI Insurer Fee paid;
(xxv) the amount of the Credit Risk Manager Fee paid;
(xxvi) the Mortgage Loan identifying number of each Mortgage Loan with a Prepayment Charge that was the subject of a Principal Prepayment in full during the related Collection Period, the Prepayment Charge listed on each related Mortgage Note and the Prepayment Charge collected, the Servicer Prepayment Charge Payment Amount paid by the Servicer or the Originator Prepayment Charge Payment Amount paid by the Originator with respect to each such Mortgage Loan;
(xxvii) the aggregate amount of DA Dividends attributable DAD Mortgage Loans deposited into the DA Reserve Account for the related Collection Period, and the amount of DA Dividends remitted to the Trustee for deposit in the Pre-Funding Account, Distribution Account as a result of or relating to a DA Forfeiture Event by the Interest Coverage Account related Mortgagor;
(xxviii) the amount of Subsequent Recoveries received during the related Prepayment Period;
(A) the dollar amount of payments received related to claims under the PMI Policy during the related Prepayment Period (and the Reserve Fundnumber of Mortgage Loans to which such payments related) and (B) the aggregate dollar amount of payments received related to claims under the PMI Policy since the Cut-off Date (and the number of Mortgage Loans to which such payments related); and
(xxivA) for the distribution occurring on dollar amount of claims made under the Distribution Date immediately following the end of PMI Policy that were denied during the related Funding Period, Prepayment Period (and the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent number of Mortgage Loans to which such denials related) and (B) the aggregate dollar amount of claims made under the PMI Policy that is being distributed were denied since the Cut-off Date (and the number of Mortgage Loans to the Class A Certificates as a mandatory prepayment of principal, if any, on which such Distribution Datedenials related). The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders may fully rely upon and the Rating Agencies via the Trustee's internet website and its fax-on-demand service. The Trustee's fax-on- demand service may be accessed by calling (301) 815-6610. The Trustee's intern▇▇ ▇▇▇▇▇▇▇ ▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r the fax-on-demand service can be obtained by calling the Trustee's customer service desk at (301) 815-6600. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ 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 Trustee shall have the right no liability with respect to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible information with respect to the above parties and Mortgage Loans provided by the Trustee shall provide timely and adequate notification to all above parties regarding any such changesServicer. In the case of information furnished pursuant to subclauses (i), (ii) through and (iiixiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, shall furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i), (ii), (xiv) through and (iiixvii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R Certificateholders Certificateholder a copy of the reports forwarded made available to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders Class R Certificateholder by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS Insurer, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) with respect to each Loan Group, the Pool Balance related group balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment Period;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 107 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property[reserved];
(x) the total number and cumulative principal balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the each Class of Class A Certificates, the each class of Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each class of Class A Certificates, the each class of Mezzanine Certificates, the Class C Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the each class of Class A Certificates and the each class of Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the each Class of Class A Certificates, the each Class of Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class of Class A Certificates and the each class of Mezzanine Certificates for the immediately succeeding Distribution Date;
(xxiiiA) the amount of payments received related to claims under the PMI Policy during the related Prepayment Period (and the number of Mortgage Loans to which such payments related) and (B) the cumulative amount of payments received related to claims under the PMI Policy since the Closing Date (and the number of Mortgage Loans to which such payments related);
(A) the dollar amount of claims made under the PMI Policy that were denied during the Prepayment Period (and the number of Mortgage Loans to which such denials related) and (B) the dollar amount of the cumulative claims made under the PMI Policy that were denied since the Closing Date (and the number of Mortgage Loans to which such denials related);
(xxv) the amount on deposit in the Pre-Funding AccountAccounts, the Interest Coverage Accounts, the Excess Net WAC Rate Reserve Account and the Net WAC Rate Carryover Reserve FundAccount; and
(xxivxxvi) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Group I Pre-Funding Account and/or the Group II Pre-Funding Account that has not been used to purchase Subsequent Group I Mortgage Loans and/or Subsequent Group II Mortgage Loans, as applicable, and that is being distributed to the related Class A Certificates as a mandatory prepayment distribution of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders Certificateholders, the NIMS Insurer and the Rating Agencies via the Trustee's internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may internet website shall initially be accessed by calling (301) 815-6610. The Trustee's internlocated at "w▇▇ ▇.▇▇▇▇▇▇▇ ▇.▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the Trustee's customer service desk at (301) 815-6600. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access the Trustee's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the distribution date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). 109 In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward to the NIMS Insurer and the Class R Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer and each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Option One Mort Accept Corp Asset Backed Certs Ser 2003 1)
Statements. (a) On each Two Business Days prior to the Auction Distribution Date, the Securities Administrator shall make available to the Auction Administrator, and concurrently with each distribution to Certificateholders, the Securities Administrator shall make available to each Certificateholder, the Seller, the Master Servicer, the Trustee, the Yield Maintenance Counterparty and the Rating Agencies, a statement based, as applicable, on loan-level information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement Servicers (the “Distribution Date Statement”) as to the distributions to be made or made, as applicable, on such Distribution Date. Information in the Distribution Date Statement relating to or based on amounts available in the Yield Maintenance Account shall be based on information provided by the Yield Maintenance Counterparty regarding any Yield Maintenance Amounts required to be paid by the Yield Maintenance Counterparty for the related Distribution Date pursuant to the Yield Maintenance Agreements. The Distribution Date Statement shall include the following:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amountsprincipal;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized AmountSenior Percentage, the Overcollateralization Release AmountSenior Prepayment Percentage, the Overcollateralization Deficiency Amount Subordinate Percentage and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount Subordinate Prepayment Percentage with respect to each Loan Group for the Mortgage Pool for such following Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master each Servicer with respect to during the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returnsPeriod;
(v) the aggregate amount of Advances for the related Due PeriodPeriod and the amount of unreimbursed Advances;
(vi) the Pool Loan Group Balance and related Net WAC for each Loan Group at the Close of Business at the end of the related Due Period;
(vii) the aggregate Principal Balance of the One-Year CMT Indexed Mortgage Loans at the Close of Business at the end of the related Due Period;
(viii) the aggregate Principal Balance of the Six-Month LIBOR Indexed, One-Month LIBOR Indexed and One-Year LIBOR Indexed Mortgage Loans at the Close of Business at the end of the related Due Period;
(ix) the amount of the Master Servicer Fees paid to or retained by the Master Servicer;
(x) the amount of fees, expenses or indemnification amounts paid by the Trust with an identification of the general purpose of such amounts and the party receiving such amounts;
(xi) for each Loan Group, the number, aggregate principal balance, weighted average remaining term to maturity maturity, weighted average life and weighted average Mortgage Loan Rate of the related Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDue Date;
(viiixii) the number and aggregate unpaid principal balance of Mortgage Loans that were Loans, in the aggregate and for each Loan Group, (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays Delinquent, (2b) 60 to 89 days and Delinquent, (3c) 90 or more daysdays Delinquent, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more daysbankruptcy, in each case as of the Close close of Business business on the last day of the preceding calendar month preceding such Distribution Date and (D) REO Propertiesmonth;
(ixxiii) with respect to any Mortgage Loan the rolling six-month delinquency rate for that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO PropertyDistribution Date;
(xxiv) the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Prepayment Due Period;
(xixv) the aggregate amount of Principal Prepayments and Prepayment Penalty Amounts with respect to each Loan Group made during the related Prepayment Period;
(xiixvi) the aggregate amount of Realized Losses for each Loan Group and Recoveries incurred during the related Prepayment Due Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount Losses and Recoveries as of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the Class A Certificates, the Mezzanine Certificates, the Class C Certificates and the Class S Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) the Credit Enhancement Percentage cumulative amount of Realized Losses for such Distribution Dateeach Loan Group;
(xviii) the Net WAC Rate Carryover Amount for the Class A Certificates Realized Losses and the Mezzanine CertificatesRecoveries, if any, for such Distribution Date and allocated to each Class of Certificates on the amount remaining unpaid after reimbursements therefor on such related Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount the Class Certificate Principal Balance of each Class of Certificates and Overcollateralization Deficiency Amount the Apportioned Principal Balances of the Subordinate Certificates after giving effect to the distribution of principal any distributions made thereon, on such Distribution Date;
(xx) when the Stepdown Interest Distributable Amount in respect of each Class of Certificates, for such Distribution Date or a Trigger Event has occurredand the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date;
(xxi) the Available Fundsaggregate amount of any Net Interest Shortfalls and the Unpaid Interest Shortfall Amount for such Distribution Date;
(xxii) the respective Pass-Through Rates applicable Available Funds with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass- Through Rate applicable to the Class A Certificates and the Mezzanine Certificates for the immediately succeeding Distribution Dateeach Loan Group;
(xxiii) the Pass-Through Rate for each Class of Certificates for such Distribution Date and, through the Auction Distribution Date, the level of LIBOR used to determine the applicable Pass-Through Rate;
(xxiv) the aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller or TMI during the related Due Period, and indicating the relevant section of the related Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each such Mortgage Loan;
(xxv) the amount of any Principal Deficiency Amounts or Accrued Interest Amounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(f)(i);
(A) the amounts paid to each Class of Senior Certificates (other than the Class A-X-1 and Class A-X-2 Certificate) from Yield Maintenance Amounts received from the Yield Maintenance Counterparty for such period, expressed as a per annum rate and as a dollar amount, (B) the amounts paid to the Class A-X-1 and Class A-X-2 Certificates from any excess Yield Maintenance Amounts received under the related Yield Maintenance Agreement expressed as a per annum rate and as a dollar amount and (C) the Yield Maintenance Amount and applicable strike rate and on deposit each Yield Maintenance Agreement for such Distribution Date;
(xxvii) the amount of any Final Maturity Reserve Amount deposited in the Pre-Funding Final Maturity Reserve Account, and, on the Interest Coverage Account earlier of the Distribution Date in April 2036 and the termination of the Trust, the amount distributed from the Final Maturity Reserve FundAccount to each Class of Certificates; and
(xxivxxviii) on the Auction Distribution Date, the Par Price (as defined in the Auction Administration Agreement) for each Class of Auction Certificates as reported to the distribution occurring on Master Servicer by the Securities Administrator. The Securities Administrator will make the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on such Distribution Date. The Trustee will make such statement Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies other parties to this Agreement via the Trustee's Securities Administrator’s internet website. The Securities Administrator’s internet website and its fax-on-demand service. The Trustee's fax-on- demand service may shall initially be accessed by calling (301) 815-6610. The Trustee's internlocated at “▇▇ ▇▇.▇▇▇▇▇▇▇ ▇.▇▇▇ll initially be located at "www.ctslink.com". .” Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the Trustee's Securities Administrator’s customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee Securities Administrator shall have the right to change the way such statements reports are distributed in order to make such distribution more convenient and/or more accessible to the above parties parties, and the Trustee Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changeschange. In the case of information furnished pursuant to subclauses (i) through and (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee Securities Administrator shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i), (ii) through and (iiiiv) above, aggregated for such calendar year or applicable portion thereof during which such Person was a CertificateholderCertificateholder and such other customary information which a Certificateholder reasonably requests to prepare its tax returns. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee Securities Administrator shall forward supply an electronic tape to the Class R Certificateholders Bloomberg Financial Markets, Inc. in a copy of the reports forwarded format acceptable to the Regular Certificateholders Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to Loan Performance and Intex Solutions in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriatea format acceptable to Loan Performance and Intex Solutions on a monthly basis.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Statements. (a) On each Distribution Date, based, as applicable, on the Mortgage Loan information provided to it by contained in the Master ServicerRemittance Report, the Trustee shall prepare and make available to on its website at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇ for access by each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates)allocable to principal or reduction of Notional Amount, separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interestinterest or Class X Distributable Amount, separately identified;
(iii) the Overcollateralized Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Monthly Excess Overcollateralized Interest Amount for the Mortgage Pool and Monthly Excess Cashflow Amount for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns[reserved];
(v) the aggregate amount of Advances for the related Due Collection Period;
(vi) the Pool Balance at the Close close of Business business at the end of the related Due Collection Period;
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDue Date;
(viii) the number and aggregate unpaid principal balance Principal Balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays past due on a contractual basis, (2b) 60 to 89 days and past due on a contractual basis, (3c) 90 or more daysdays past due on a contractual basis, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close close of Business business on the last day of the calendar month preceding such Distribution Date and (D) REO PropertiesDate;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Periodcalendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties as of the Close close of Business business of the last day of the preceding Prepayment Collection Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Prepayment Charges collected (including amounts deposited in connection with the full or partial waiver of such Prepayment Charges pursuant to Section 3.01) during the related Collection Period and the amounts thereof allocable to the Class N Certificates and the Class X Certificates;
(xiii) the aggregate amount of Realized Losses incurred during the related Prepayment Collection Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance or Notional Amount, as applicable, of the each Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions distributions, and allocations of Realized Losses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts;
(xv) the Monthly Accrued Certificate Interest Distributable Amount in respect of the each Class of Class A Certificates, the Mezzanine Certificates, the Class C Certificates and the Class S B Certificates for such Distribution Date, and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Dateamount of any Net WAC Rate Carryover Amounts;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.263.23;
(xvii) the Credit Enhancement Percentage for such Distribution Dateamount of the Trustee Fee paid;
(xviii) the Net WAC Rate Carryover Amount for the Class A Certificates and the Mezzanine Certificates, if any, for Amounts distributed on such Distribution Date and the amount amounts remaining unpaid after reimbursements therefor giving effect to distributions thereof on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or whether a Trigger Event has occurredoccurred and is continuing, and the cumulative Realized Losses, as a percentage of the original Pool Balance;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the rate at which interest accrues for each Class A Certificates, the Mezzanine Certificates and the Class C of Certificates for such Distribution Date and the Pass- Through Rate applicable to the Class A Certificates and the Mezzanine Certificates for the immediately succeeding Distribution Date;
(xxiii) the amount on deposit in Liquidation Report for such Distribution Date;
(xxiv) the Pre-Funding Account, aggregate Principal Balance of Mortgage Loans purchased by the Interest Coverage Account Servicer or Seller during the related Collection Period and indicating the Reserve FundSection of this Agreement requiring or allowing the purchase of each such Mortgage Loan; and
(xxivxxv) for the distribution occurring on the Distribution Date immediately following the end aggregate Principal Balance of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to repurchased by the Class A Certificates as a mandatory prepayment of principal, if any, on such Distribution DateServicer (or an affiliate) during the related Collection Period in connection with Section 3.16. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders may fully rely upon and the Rating Agencies via the Trustee's internet website and its fax-on-demand service. The Trustee's fax-on- demand service may be accessed by calling (301) 815-6610. The Trustee's intern▇▇ ▇▇▇▇▇▇▇ ▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r the fax-on-demand service can be obtained by calling the Trustee's customer service desk at (301) 815-6600. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ 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 Trustee shall have the right no liability with respect to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible information with respect to the above parties and Mortgage Loans provided by the Trustee shall provide timely and adequate notification to all above parties regarding any such changesServicer. In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, shall furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i), (ii), (xv) through and (iiixx) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward to the Class R Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Residual Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc)
Statements. (a) On each Distribution Date, based, as applicable, based on the Mortgage Loan information provided to it by contained in the Master Servicer's Certificate, the Trustee Securities Administrator shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agenciespost on its website at www.ctslink.com, a statement as to (the distributions "Distribution Date Statement") a▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇butions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates)allocable to principal, separately identified, allocable to principal identified and the amount of the distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges Charges, Originator Prepayment Charge Payment Amounts and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interestinterest or Class CE Distributable Amount, separately identified;
(iii) the Overcollateralized Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Targeted Overcollateralization Target Amount as of such Distribution Date and the Monthly Excess Overcollateralized Interest Amount for the Mortgage Pool and Monthly Excess Cashflow Amount for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by each Servicer during the Master Servicer with respect to prior calendar month and the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returnsamount of Compensating Interest paid by each Servicer;
(v) the aggregate amount of Advances for the related Due Collection Period, cumulative unreimbursed Advances and Servicing Advances and cumulative Nonrecoverable Advances;
(vi) the Pool Balance Balance, at the Close close of Business business at the end of the related Due Collection Period;
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and the weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Determination Due Date and the number and aggregate principal balance Principal Balance of all Subsequent Additional Mortgage Loans added during since the Closing Date or preceding Prepayment PeriodDistribution Date, as applicable;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays past due on a contractual basis, (2b) 60 to 89 days and past due on a contractual basis, (3c) 90 or more daysdays past due on a contractual basis, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close close of Business business on the last day of the calendar month preceding such Distribution Date and (D) REO PropertiesDate;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Periodcalendar month, the loan number of such Mortgage Loan, the unpaid principal balance Principal Balance of the REO Property as of the close of business on the last Business Day of such calendar month and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties as of the Close close of Business business of the last day of the preceding Prepayment PeriodCollection Period or, in the case of JPM Chase Bank, as of the close of business on the last Business Day of the calendar month preceding the Distribution Date;
(xi) separately stated for each Loan Group, the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) separately stated for each Loan Group, the aggregate amount of Realized Losses incurred during the related Prepayment Collection Period or, in the case of JPM Chase Bank, as of the close of business on the last Business Day of the calendar month preceding the Distribution Date, and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the each Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions, and allocations of Applied Realized Loss Amounts, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Applied Realized Loss Amounts;
(xiv) the Accrued Certificate Interest in respect of each Class of Certificates for such Distribution Date and any related Cap Carryover Amounts, and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the Class A Certificates, the Mezzanine Certificates, the Class C Certificates and the Class S Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master a Servicer pursuant to Section 3.263.25;
(xvi) the Cap Carryover Amounts distributed on such Distribution Date, the amounts remaining after giving effect to distributions thereof on such Distribution Date and the amount of all Cap Carryover Amounts covered by withdrawals from the Swap Account or the Cap Carryover Reserve Account on such Distribution Date;
(xvii) the Credit Enhancement Percentage Pre-Funding Release for each Loan Group for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the Class A Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xxxix) when the Stepdown Date or whether a Trigger Event has occurredoccurred and is continuing, and the cumulative Realized Losses, as a percentage of the original Pool Balance;
(xxixx) the Available Funds;
(xxiixxi) the respective Pass-Through Rates applicable to the rate at which interest accrues for each Class A Certificates, the Mezzanine Certificates and the Class C of Certificates for such Distribution Date and Date;
(xxii) the Pass- Through Rate applicable to information contained in the Class A Certificates and the Mezzanine Certificates Liquidation Report for the immediately succeeding such Distribution Date;
(xxiii) the amount on deposit in the Pre-Funding Accountaggregate Principal Balance of Mortgage Loans purchased or substituted by a Servicer, an Originator, the Interest Coverage Account Seller or a Purchasing Party during the related Prepayment Period;
(xxiv) the amount of the Credit Risk Manager Fee paid;
(xxv) the Mortgage Loan identifying number of each Mortgage Loan with a Prepayment Charge that was the subject of a Principal Prepayment in full during the related Prepayment Period, the Prepayment Charge listed on each related Mortgage Note and the Reserve Prepayment Charge collected, the Servicer Prepayment Charge Payment Amount paid by the related Servicer or the Originator Prepayment Charge Payment Amount paid by the related Originator with respect to each such Mortgage Loan;
(xxvi) the amount of Subsequent Recoveries received during the related Prepayment Period;
(xxvii) the amount and recipient of any Net Swap Payments and Swap Termination Payments;
(xxviii) the date of such Distribution Date and the Determination Date for such Distribution Date; 155
(xxix) any expenses or indemnification amounts paid by the Trust Fund, the specific purpose of each payment and the parties to whom these payments are made;
(xxx) for each Class, the applicable Record Date, LIBOR Determination Date and Interest Accrual Period;
(xxxi) unless such information is otherwise set forth in Form 10-D relating to such Distribution Date, any material breaches of representations and warranties relating to the Mortgage Loans or material breaches of transaction covenants or representations and warranties; and
(xxivxxxii) for each Class, the distribution occurring applicable Certificate Interest Rate, if applicable, and the applicable Pass-Through Rate, if different. The Securities Administrator may fully rely upon and shall have no liability with respect to information with respect to the Mortgage Loans provided by the Master Servicer. In determining whether a breach of a representation or warranty relating to the Mortgage Loans is material or whether a breach of a transaction covenant or representation or warranty is material for purposes of subclause (xxxi) above, the Securities Administrator may consult with the Depositor and rely on the Distribution Date immediately following the end Depositor's determination of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand service. The Trustee's fax-on- demand service may be accessed by calling (301) 815-6610. The Trustee's intern▇▇ ▇▇▇▇▇▇▇ ▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r the fax-on-demand service can be obtained by calling the Trustee's customer service desk at (301) 815-6600. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changesmateriality. In the case of information furnished pursuant to subclauses (i), (ii) through and (iiixiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. The Securities Administrator will also make available copies of the periodic reports the Securities Administrator prepares and files with the Commission, including distribution reports on Form 10-D, annual reports on Form 10-K, current reports on Form 8-K and amendments to these reports available through www.ctslink.com promptly (but no later than one Business Day) after ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Administrator has filed such reports with the Commission.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, Securities Administrator shall furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i), (ii), (xiv) through and (iiixvi) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee Securities Administrator shall forward to the Class R Certificateholders each Residual Certificateholder a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the 156 extent that substantially comparable information shall be prepared and furnished to Certificateholders each Residual Certificateholder by the Trustee Securities Administrator pursuant to any requirements of the Code as from time to time in force.
(d) For all purposes of this Agreement including, but not limited to, providing the information set forth in clause (viii) of Section 4.06(a), with respect to any Mortgage Loan, delinquencies shall be determined and reported based on the so-called "OTS" methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be one payment delinquent with respect to a Monthly Payment due on a Due Date if such Monthly Payment is not made by the close of business on the Mortgage Loan's next succeeding Due Date, and a Mortgage Loan would be two payments delinquent with respect to such Monthly Payment if such Monthly Payment were not made by the close of business on the Mortgage Loan's second succeeding Due Date. Each Servicer hereby represents and warrants to the Depositor and the Master Servicer that this delinquency recognition policy is its current policy and is not less restrictive than any delinquency recognition policy established by the primary safety and soundness regulator, if any, of such Servicer.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (ABFC 2006-He1 Trust)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master ServicerServicer pursuant to Section 4.04(a), the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution DateDate which shall include the following information:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount (if any) and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount (if any) for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balanceStated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance Stated Principal Balance of all Subsequent Group II Mortgage Loans added during the preceding related Prepayment Period;
(viii) the number and aggregate unpaid principal balance Stated Principal Balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and 105 REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property[Reserved];
(x) the total number and cumulative principal balance Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each Class of Class A Certificates, the each Class of Mezzanine Certificates, the Class C B Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the each Class of Class A Certificates, each Class of Mezzanine Certificates and the Mezzanine Class B Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;; 106
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the each Class of Class A Certificates, each Class of Mezzanine Certificates, the Mezzanine Class B Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class of Class A Certificates and the each Class of Mezzanine Certificates for the immediately succeeding Distribution Date;
(xxiii) the amount on deposit in the Dividend Account immediately prior to the related Servicer Remittance Date, the amount deposited into the Dividend Account on the related Servicer Remittance Date (separately identifying the amount received from Mortgagors and the amount advanced) and the amount withdrawn from the Dividend Account on the related Servicer Remittance Date (separately identifying the amount refunded to Mortgagors and the amount distributed to the holder of the Dividend Account Certificate on such Distribution Date);
(xxiv) payments, if any, made under the Cap Contract;
(xxv) the amount on deposit in the Group II Pre-Funding Account, the Interest Coverage Account and the Reserve Fund; and
(xxiv) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand service. The Trustee's fax-on- demand service may be accessed by calling (301) 815-6610. The Trustee's intern▇▇ ▇▇▇▇▇▇▇ ▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r the fax-on-demand service can be obtained by calling the Trustee's customer service desk at (301) 815-6600. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward to the Class R Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Financial Asset Secs Corp Asset Backed Cert Sers 2003 Ff5)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDate;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ixA) with respect the dollar amount of payments received related to any Mortgage Loan that became an REO Property claims under the PMI Policy during the preceding related Prepayment Period, Period (and the loan number of Mortgage Loans to which such Mortgage Loan, payments related); (B) the unpaid principal balance cumulative dollar amount of payments received related to claims under the PMI Policy since the Closing Date (and the Principal Balance number of Mortgage Loans to which such payments related); (C) the dollar amount of claims made under the PMI Policy that were denied during the Prepayment Period (and the number of Mortgage Loan as Loans to which such denials related); and (D) the dollar amount of the date it became an REO Propertycumulative claims made under the PMI Policy that were denied since the Closing Date (and the number of Mortgage Loans to which such denials related);
(x) the total number and cumulative principal balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each Class of Class A Certificates, the each Class of Mezzanine Certificates, the Class C Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the Class A A-1 Certificates, the Class A-2 Certificates, the Class M-1 Certificates, the Class M-2A Certificates and the Mezzanine Class M-3 Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the each Class of Class A Certificates, the each Class of Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class of Class A Certificates and the each Class of Mezzanine Certificates for the immediately succeeding Distribution Date;; and
(xxiii) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and the Reserve Fund; and
(xxiv) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principalpayments, if any, on made under the Cap Contracts, received by the Trustee and deposited into the Net WAC Rate Carryover Reserve Account for such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may internet website shall initially be accessed by calling (301) 815-6610. The Trustee's internlocated at "▇▇ ▇▇.▇▇▇▇▇▇▇ ▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r ▇.▇▇.▇▇▇". Assistance in using the fax-on-demand service website can be obtained by calling the Trustee's customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward to the Class R Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Financial Asset Sec Corp Asset Backed Certs Ser 2002-2)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master ServicerServicer pursuant to Sections 3.19 and 4.04, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balanceStated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDate;
(viii) the number and aggregate unpaid principal balance Stated Principal Balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which 104 foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property[Reserved];
(x) the total number and cumulative principal balance Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates, the Class B-1 Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each Class of Class A Certificates, the each Class of Mezzanine Certificates, the Class C B-1 Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates, the Class B-1 Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the Class A Certificates, the Mezzanine Certificates and the Mezzanine Class B-1 Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;; 105
(xxii) the respective Pass-Through Rates applicable to the each Class of Class A Certificates, each Class of Mezzanine Certificates, the Mezzanine Class B-1 Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class of Class A Certificates and the each Class of Mezzanine Certificates for the immediately succeeding Distribution Date;; and
(xxiii) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and the Reserve Fund; and
(xxiv) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principalpayments, if any, on such Distribution Datemade under the Cap Contract. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may internet website shall initially be accessed by calling (301) 815-6610. The Trustee's internlocated at "▇▇ ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇ ▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r ▇.▇▇.▇▇▇/invr". Assistance in using the fax-on-demand service website can be obtained by calling the Trustee's customer service desk at (301800) 815735-66007777. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary 106 to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Financial Asset Securities Corp Asset Back Certs Ser 03-2)
Statements. (a) On each Distribution Date, the Trustee shall make available to each Certificateholder, the Seller and the Rating Agency, a statement based, as applicable, on loan-level information provided to it by obtained from the Master Servicer, Servicer (the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement “Distribution Date Statement”) as to the distributions to be made or made, as applicable, on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amountsprincipal;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount (if any) and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount (if any) for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to during the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due PeriodPeriod and the amount of unreimbursed Advances;
(vi) [Reserved];
(vii) the Pool Balance Net WAC at the Close of Business at the end of the related Due Period;
(viiviii) [Reserved];
(ix) the aggregate Principal Balance of the One-Year LIBOR Indexed Mortgage Loans at the Close of Business at the end of the related Due Period;
(x) the aggregate Principal Balance of the Six-Month LIBOR Indexed Mortgage Loans at the Close of Business at the end of the related Due Period;
(xi) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Loan Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDue Date;
(viiixii) the number and aggregate unpaid principal balance of Mortgage Loans that were Loans, in the aggregate, (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays Delinquent, (2b) 60 to 89 days and Delinquent, (3c) 90 or more daysdays Delinquent, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more daysbankruptcy, in each case as of the close of business on the last day of the preceding calendar month;
(xiii) the book value of any REO Property as of the Close of Business on the last day Business Day of the calendar month preceding such the Distribution Date and (D) REO Properties;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment PeriodDate, the loan number of such Mortgage Loanand, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) cumulatively, the total number and cumulative principal balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Due Period;
(xixiv) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xiixv) the aggregate amount of Realized Losses incurred during the related Prepayment Due Period and the cumulative amount of Realized Losses;
(xiiixvi) the Class Certificate Principal Balance of each Class of Certificates after giving effect to any distributions made thereon, on such Distribution Date;
(xvii) the Interest Distributable Amount in respect of each Class of Certificates, for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date;
(xviii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account any Net Interest Shortfalls and any Unpaid Interest Shortfall Amount for such Distribution Date;
(xivxix) the Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution DateAvailable Funds;
(xvxx) the Monthly Interest Distributable Amount in respect Pass-Through Rate for each Class of the Class A Certificates, the Mezzanine Certificates, the Class C Certificates and the Class S Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvixxi) the aggregate amount Principal Balance of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments Mortgage Loans purchased hereunder by the Master Servicer pursuant to Seller during the related Due Period, and indicating the relevant section of the Servicing Agreement, or the Section 3.26of this Agreement, as applicable, requiring or allowing the purchase of each such Mortgage Loan;
(xviixxii) [Reserved];
(xxiii) [Reserved];
(xxiv) the amount of compensation received by the Trustee during the related Due Period;
(xxv) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the Class A Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xixxxvi) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;; and
(xxxxvii) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass- Through Rate applicable to the Class A Certificates and the Mezzanine Certificates for the immediately succeeding Distribution Date;
(xxiii) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and the Reserve Fund; and
(xxiv) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on such Distribution Date. The Trustee will make such statement the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies other parties to this Agreement via the Trustee's ’s internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may ’s internet website shall initially be accessed by calling (301) 815-6610. The Trustee's internlocated at “▇▇ ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇ ▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r ▇.▇▇.▇▇▇/invr.” Assistance in using the fax-on-demand service website can be obtained by calling the Trustee's ’s customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements reports are distributed in order to make such distribution more convenient and/or more accessible to the above parties parties, and the Trustee shall provide timely and adequate notification to all above parties regarding any such changeschange. In the case of information furnished pursuant to subclauses (i) through and (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) and (xxi) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward supply an electronic tape to the Class R Certificateholders Bloomberg Financial Markets, Inc. in a copy of the reports forwarded format acceptable to the Regular Certificateholders Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to Loan Performance and Intex Solutions in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriatea format acceptable to Loan Performance and Intex Solutions on a monthly basis.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (FNBA Mortgage Loan Trust 2004 AR1)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDate;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) with respect to any Mortgage Loan that became an REO Property during payments, if any, made under the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO PropertyCap Contract;
(x) the total number and cumulative principal balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates, the Class P Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each Class of Class A Certificates, the each Class of Mezzanine Certificates, the Class C Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Mezzanine Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.263.24;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the Class A Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any the Overcollateralization Target Amount, any Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;; and
(xxii) the respective Pass-Through Rates applicable to the Class A Certificates, the each Class of Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the Class A Certificates and the each Class of Mezzanine Certificates for the immediately succeeding Distribution Date;
(xxiii) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and the Reserve Fund; and
(xxiv) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may internet website shall initially be accessed by calling (301) 815-6610. The Trustee's internlocated at "▇▇ ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇ ▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r ▇.▇▇.▇▇▇/invr". Assistance in using the fax-on-demand service website can be obtained by calling the Trustee's customer service desk at (301800) 815735-66007777. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Financial Asset Sec Corp Ast Back Certs Ser 2003-1)
Statements. (a) On each Two Business Days prior to the Auction Distribution Date, the Securities Administrator shall make available to the Auction Administrator, and concurrently with each distribution to Certificateholders, the Securities Administrator shall make available to each Certificateholder, the Seller, the Master Servicer, the Trustee, the Yield Maintenance Counterparty and the Rating Agencies, a statement based, as applicable, on loan-level information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement Servicers (the “Distribution Date Statement”) as to the distributions to be made or made, as applicable, on such Distribution Date. Information in the Distribution Date Statement relating to or based on amounts available in the Yield Maintenance Account shall be based on information provided by the Yield Maintenance Counterparty regarding any Yield Maintenance Amounts required to be paid by the Yield Maintenance Counterparty for the related Distribution Date pursuant to the Yield Maintenance Agreements. The Distribution Date Statement shall include the following:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amountsprincipal;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized AmountSenior Percentage, the Overcollateralization Release AmountSenior Prepayment Percentage, the Overcollateralization Deficiency Amount Subordinate Percentage and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount Subordinate Prepayment Percentage with respect to each Loan Group for the Mortgage Pool for such following Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master each Servicer with respect to during the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returnsPeriod;
(v) the aggregate amount of Advances for the related Due PeriodPeriod and the amount of unreimbursed Advances;
(vi) the Pool Loan Group Balance and related Net WAC for each Loan Group at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate Principal Balance of the One-Year CMT Indexed Mortgage Loans as at the Close of Business at the end of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment Due Period;
(viii) the number aggregate Principal Balance of the Six-Month LIBOR Indexed, One-Month LIBOR Indexed and aggregate unpaid principal balance of One-Year LIBOR Indexed Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of at the Close of Business on at the last day end of the calendar month preceding such Distribution Date and (D) REO Propertiesrelated Due Period;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as amount of the date it became an REO PropertyMaster Servicer Fees paid to or retained by the Master Servicer;
(x) the total number and cumulative principal balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect Servicer Fees paid to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the Class A Certificates, the Mezzanine Certificates, the Class C Certificates and the Class S Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments or retained by the Master Servicer pursuant to Section 3.26Servicers;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the Class A Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass- Through Rate applicable to the Class A Certificates and the Mezzanine Certificates for the immediately succeeding Distribution Date;
(xxiii) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and the Reserve Fund; and
(xxiv) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand service. The Trustee's fax-on- demand service may be accessed by calling (301) 815-6610. The Trustee's intern▇▇ ▇▇▇▇▇▇▇ ▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r the fax-on-demand service can be obtained by calling the Trustee's customer service desk at (301) 815-6600. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward to the Class R Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2006-3)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master ServicerServicer pursuant to Section 4.04(a), the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution DateDate which shall include the following information:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount (if any) and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount (if any) for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;; 103
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balanceStated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDate;
(viii) the number and aggregate unpaid principal balance Stated Principal Balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property[Reserved];
(x) the total number and cumulative principal balance Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized LossesLosses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each Class of Class A Certificates, the each Class of Mezzanine Certificates, the Class C B Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;; 104
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the each Class of Class A Certificates, each Class of Mezzanine Certificates and the Mezzanine Class B Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the each Class of Class A Certificates, each Class of Mezzanine Certificates, the Mezzanine Class B Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class of Class A Certificates and the each Class of Mezzanine Certificates for the immediately succeeding Distribution Date;; and
(xxiii) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and the Reserve Fund; and
(xxiv) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principalpayments, if any, on such Distribution Datemade under the Cap Contracts. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand service. The Trustee's fax-on- demand service may initially to be accessed by calling (301) 815-6610. The Trustee's internlocated at "▇▇ ▇▇.▇▇▇▇▇▇▇ ▇.▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the Trustee's customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year 105 was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2004-Ff2)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master ServicerServicer pursuant to Section 4.04(a), the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDate;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) with respect to the aggregate of any draws under the Mortgage Loan that became an REO Property Pool Insurance Policy during the preceding related Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of remaining coverage under the Mortgage Pool Insurance Policy following such Mortgage Loan as of the date it became an REO Propertydraws;
(x) the total number and cumulative principal balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each Class of Class A Certificates, the Mezzanine Class S Certificates, the each Class C of Mezzanine Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Class S Certificates and the Class C Mezzanine Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) the Credit Enhancement Percentage for such Distribution Date;; 102
(xviii) the Net WAC Rate Carryover Amount for the Class A Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xxxix) when the Stepdown Date or a Trigger Event has occurred;
(xxixx) the Available Funds;
(xxiixxi) the respective Pass-Through Rates applicable to the each Class of Class A Certificates, the each Class of Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass- Through Rate applicable to the each Class of Class A Certificates and the each Class of Mezzanine Certificates for the immediately succeeding Distribution Date;
(xxiiixxii) the amount on deposit in the Pre-Funding AccountNet WAC Rate Carryover Amount for each Class of Class A Certificates and each Class of Mezzanine Certificates, the Interest Coverage Account if any, for such Distribution Date and the Reserve Fundamount remaining unpaid after reimbursements therefor on such Distribution Date; and
(xxivxxiii) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principalpayments, if any, on such Distribution Datemade under the Cap Contract. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may be accessed by calling (301) 815-6610. The Trustee's intern▇▇ ▇▇▇▇▇▇▇ ▇▇▇ll internet website shall initially be located at "www.ctslink.com". Assistance in usinAssist▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r the fax-on-demand service he website can be obtained by calling the Trustee's customer service desk at (301) 815-6600. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ ▇▇▇e to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or 103 applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2003-FFC)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer NIMS Insurer, the Servicer, the Swap Provider and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount and the Senior Credit Enhancement Percentage as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount fees and expenses of servicing compensation received by the Master Servicer with respect Trust Fund accrued and paid on such Distribution Date and to the related Due Period whom such fees and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returnsexpenses were paid;
(v) the aggregate amount of Advances for the related Due PeriodPeriod (including the general purpose of such Advances);
(vi) the Pool aggregate Principal Balance at of the Close Mortgage Loans and any REO Properties as of Business at the end of the related relted Due Period;
(vii) the number, aggregate principal balanceStated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDate;
(viii) the number and aggregate unpaid principal balance Stated Principal Balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) using the OTS Method (as described below) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefrom;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) the total number and cumulative principal balance Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the calendar month preceding Prepayment Periodthe related Distribution Date;
(xix) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part;
(xi) the Delinquency Percentage and the Realized Loss Percentage;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized LossesLosses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the each Class of Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, before and after giving effect to the distributions distributions, and allocations of Realized Losses, made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each Class of Class A Certificates, the Mezzanine Certificates, the Class C Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the each Class of Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.263.24;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the each Class of Class A Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xixxviii) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when whether the Stepdown Date or a Trigger Event has occurred;
(xxixix) the Available Fundstotal cashflows received and the general sources thereof;
(xxiixx) the respective Pass-Through Rates applicable to the each Class of Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class of Class A Certificates and the Mezzanine Certificates for the immediately succeeding Distribution Date;
(xxiiixxi) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and the Reserve Fundof any Net Swap Payments or Swap Termination Payments; and
(xxivxxii) the applicable Record Dates, Accrual Periods and Determination Dates for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on calculating distributions for such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders Certificateholders, the NIMS Insurer, the Credit Risk Manager and the Rating Agencies via the Trustee's ’s internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may ’s internet website shall initially be accessed by calling (301) 815-6610. The Trustee's intern▇▇ located at “▇▇▇▇▇▇▇ ://▇▇▇ll initially be located at "www.ctslink.com".▇▇▇.▇▇.▇▇▇/invr”. Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the Trustee's ’s customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through and (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined and reported based on the “OTS” methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be Delinquent with respect to a Monthly Payment due on a Due Date if such Monthly Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Monthly Payment if such Monthly Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that this delinquency recognition policy is not less restrictive than any delinquency recognition policy established by the primary safety and soundness regulator, if any, of the Servicer.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through and (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
(e) On each Distribution Date, the Trustee shall supply an electronic tape to Bloomberg Financial Markets, Inc. in a format acceptable to Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to Loan Performance and Intex Solutions in a format acceptable to Loan Performance and Intex Solutions on a monthly basis.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Soundview Home Loan Trust 2006-Opt4)
Statements. (a) On each Distribution Date, based, as applicable, based on the Mortgage Loan information provided to it by contained in the Master ServicerRemittance Report, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agenciespost on its website at ▇▇▇.▇▇▇▇▇▇▇.▇▇▇, a statement (the "Distribution Date Statement") as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates)allocable to principal, separately identified, allocable to principal identified and the amount of the distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges Charges, Originator Prepayment Charge Payment Amounts and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interestinterest or Class CE Distributable Amount, separately identified;
(iii) the Overcollateralized Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Targeted Overcollateralization Target Amount as of such Distribution Date and the Monthly Excess Overcollateralized Interest Amount for the Mortgage Pool and Monthly Excess Cashflow Amount for such Distribution Date;
(iv) the aggregate amount of servicing compensation Servicing Fees received by the Master Servicer with respect to during the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returnsCollection Period;
(v) the aggregate amount of Advances for the related Due Collection Period, cumulative unreimbursed Advances and Servicing Advances and cumulative Nonrecoverable Advances;
(vi) the Pool Balance Balance, at the Close close of Business business at the end of the related Due Collection Period;
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDue Date;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans that were (Aa) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) as to which the Monthly Payment is delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (Bb) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (Cc) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more daysbankruptcy, in each case as of the Close close of Business business on the last day of the calendar month preceding such Distribution Date and (D) REO PropertiesDate;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Periodcalendar month, the loan number of such Mortgage Loan, the unpaid principal balance Principal Balance of the REO Property as of the close of business on the last Business Day of such calendar month and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties as of the Close close of Business business of the last day of the preceding Prepayment Collection Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Collection Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the each Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions, and allocations of Realized Losses or Applied Realized Loss Amount, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amount;
(xiv) the Accrued Certificate Interest in respect of each Class of Certificates for such Distribution Date and any related Cap Carryover Amounts, and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the Class A Certificates, the Mezzanine Certificates, the Class C Certificates and the Class S Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.263.21;
(xvi) only for so long as the Trust is subject to the Exchange Act reporting requirements, the Interest Rate Swap Agreement's "significance percentage" of the Pool Balance;
(xvii) the Credit Enhancement Percentage for Cap Carryover Amounts distributed on such Distribution Date, the amounts remaining after giving effect to distributions thereof on such Distribution Date and the amount of all Cap Carryover Amounts covered by withdrawals from the Cap Carryover Reserve Account on such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the Class A Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xxxix) when the Stepdown Date or whether a Trigger Event has occurredoccurred and is continuing, and the cumulative Realized Losses, as a percentage of the original Pool Balance;
(xxixx) the Available Funds;
(xxiixxi) the respective Pass-Through Rates applicable to the rate at which interest accrues for each Class A Certificates, the Mezzanine Certificates and the Class C of Certificates for such Distribution Date and Date;
(xxii) the Pass- Through Rate applicable to information contained in the Class A Certificates and the Mezzanine Certificates Liquidation Report for the immediately succeeding such Distribution Date;
(xxiii) the aggregate Principal Balance of Mortgage Loans purchased by the Originator or the Sponsor during the related Prepayment Period and indicating the section of this Agreement requiring or allowing the purchase of each such Mortgage Loan;
(xxiv) [Reserved];
(xxv) the amount on deposit of the Credit Risk Manager Fee paid;
(xxvi) the Mortgage Loan identifying number of each Mortgage Loan with a Prepayment Charge that was the subject of a Principal Prepayment in full during the Pre-Funding Accountrelated Collection Period, the Interest Coverage Account Prepayment Charge listed on each related Mortgage Note and the Reserve FundPrepayment Charge collected, the Servicer Prepayment Charge Payment Amount paid by the Servicer or the Originator Prepayment Charge Payment Amount paid by the Originator with respect to each such Mortgage Loan;
(xxvii) the amount of Subsequent Recoveries received during the related Prepayment Period;
(xxviii) the amount of any Net Swap Payments or Swap Termination Payments; and
(xxivxxix) the amount of Prepayment Interest Excess retained by the Servicer for the distribution occurring on related Prepayment Period. For purposes of preparing the Distribution Date immediately following Statements, the end Trustee shall determine and report delinquencies based on the so-called "OTS" methodology irrespective of the related Funding Periodmethod of determining delinquencies utilized by the Servicer. By way of example, a Mortgage Loan would be delinquent with respect to a Monthly Payment due on a Due Date if such Monthly Payment is not made by the balance close of business on deposit in the PreMortgage Loan's next succeeding Due Date, and a Mortgage Loan would be more than 30-Funding Account that has days delinquent with respect to such Monthly Payment if such Monthly Payment were not been used to purchase Subsequent made by the close of business on the Mortgage Loans Loan's second succeeding Due Date. The Servicer hereby represents and that is being distributed warrants to the Class A Certificates as a mandatory prepayment of principalDepositor that this delinquency recognition policy is not less restrictive than any delinquency recognition policy established by the primary safety and soundness regulator, if any, on such Distribution Dateof the Servicer. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders may fully rely upon and the Rating Agencies via the Trustee's internet website and its fax-on-demand service. The Trustee's fax-on- demand service may be accessed by calling (301) 815-6610. The Trustee's intern▇▇ ▇▇▇▇▇▇▇ ▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r the fax-on-demand service can be obtained by calling the Trustee's customer service desk at (301) 815-6600. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ 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 Trustee shall have the right no liability with respect to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible information with respect to the above parties and Mortgage Loans provided by the Trustee shall provide timely and adequate notification to all above parties regarding any such changesServicer. In the case of information furnished pursuant to subclauses (i), (ii) through and (iiixiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, shall furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i), (ii) through and (iiixiv) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R Certificateholders Certificateholder a copy of the reports forwarded made available to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders Class R Certificateholder by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Asset Backed Funding Corp)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master each Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer Servicers and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master each Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances and/or Monthly Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balanceStated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDate;
(viii) the number and aggregate unpaid principal balance Stated Principal Balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefrom;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property[reserved];
(x) the total number and cumulative principal balance Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized LossesLosses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the each Class of Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the Class A Certificates, the Mezzanine Certificates, the Class C Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer GMACM pursuant to Section 3.263.24 or by Countrywide Servicing pursuant to Section 2.04 of Exhibit B;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the Class A Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the Class A Certificates and the Mezzanine Certificates for the immediately succeeding Distribution Date;; and
(xxiii) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and the Reserve Fund; and
(xxiv) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principalpayments, if any, on such Distribution Datemade under the Cap Contract and the amount distributed to each Class of Certificates from payments made under the Cap Contract. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's ’s internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may ’s internet website shall initially be accessed by calling (301) 815-6610. The Trustee's intern▇▇ located at “h▇▇▇▇▇▇▇ ://▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ .▇▇▇ ▇.▇▇.▇▇▇/▇▇▇▇▇▇▇ ▇r ”. Assistance in using the fax-on-demand service website can be obtained by calling the Trustee's ’s customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through and (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through and (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Soundview Home Loan Trust 2005-B)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer Servicer, the Rating Agencies and the Rating AgenciesCertificate Insurer, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment Period;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 84 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) the total number and cumulative principal balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of the Class A Certificates, the Mezzanine Certificates, the Class C Certificates and the Class S Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for on such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls and the Unpaid Interest Shortfall Amount for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) the Credit Enhancement Percentage for such Distribution Dateaggregate Premium Amount to be paid to the Certificate Insurer;
(xviii) the Net WAC Rate Carryover Amount for the Class A Certificates and the Mezzanine CertificatesAmount, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when whether the Stepdown Date or Step Up Cumulative Loss Test and/or Step Up Spread Squeeze Test have been met and the cumulative realized losses, as a Trigger Event has occurredpercentage of the original Pool Balance;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates Rate for such Distribution Date and the Pass- Through Rate applicable to the Class A Certificates and the Mezzanine Certificates for the immediately succeeding such Distribution Date;
(xxiii) [reserved];
(xxiv) the aggregate Principal Balance of Mortgage Loans purchased by the Master Servicer or Seller during the related Prepayment Period and indicating the Section of this Agreement requiring or allowing the purchase of each such Mortgage Loan;
(xxv) the number of delinquent Mortgage Loans sold during the preceding Prepayment Period, the aggregate outstanding principal balance of such Mortgage Loans and the aggregate sale price;
(xxvi) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and each Reserve Fund;
(xxvii) the amount of the Reserve FundFund I Addition, any amounts added to Reserve Fund I pursuant to Section 4.01(a)(vi) and the amount of any funds paid from each Reserve Fund separately identifying the use of such funds;
(xxviii) amounts rendered under the Yield Maintenance Agreement; and
(xxivxxix) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and Certificateholders, the Rating Agencies and the Certificate Insurer via the Trustee's internet website and its fax-on-demand service. The Trustee's fax-on- on-demand service may be accessed by calling (301) 815-6610. The Trustee's interninternet website shall initially be located at "▇▇ ▇▇.▇▇▇▇▇▇▇ ▇.▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the website or the fax-on-demand service can be obtained by calling the Trustee's customer service desk at (301) 815-6600. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward to the Class R Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
(e) The Trustee hereby agrees to disclose the Premium Amount to any Person upon request.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Option One Mort Ln Tr 1999-3 Asset Backed Cert Ser 1999-3)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount fees and expenses of servicing compensation received by the Master Servicer with respect Trust Fund accrued and paid on such Distribution Date and to the related Due Period whom such fees and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returnsexpenses were paid;
(v) the aggregate amount of Advances for the related Due PeriodPeriod (including the general purpose of such Advances);
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balanceStated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDate;
(viii) the number and aggregate unpaid principal balance Stated Principal Balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefrom;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) the total number and cumulative principal balance Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the calendar month preceding Prepayment Periodthe related Distribution Date;
(xix) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part;
(xiixi) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized LossesLosses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date;
(xiiixii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date;
(xivxiii) the Certificate Principal Balance of the each Class A Certificates, the Mezzanine of Floating Rate Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, before and after giving effect to the distributions made on such Distribution Date;
(xvxiv) the Monthly Interest Distributable Amount in respect of the Class A Certificates, the Mezzanine Certificates, the Class C Floating Rate Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Floating Rate Certificates for such Distribution Date;
(xvixv) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.263.24;
(xviixvi) the Credit Enhancement Percentage for such Distribution Date;
(xviiixvii) the Net WAC Rate Carryover Amount for the Class A Certificates and the Mezzanine Floating Rate Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xixxviii) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when whether the Stepdown Date or a Trigger Event has occurred, the Delinquency Percentage for such Distribution Date and the Realized Loss Percentage for such Distribution Date;
(xxixix) the Available Fundstotal cashflows received and the general sources thereof;
(xxiixx) the respective Pass-Through Rates applicable to the Class A Certificates, the Mezzanine Floating Rate Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the Class A Certificates and the Mezzanine Floating Rate Certificates for the immediately succeeding Distribution Date;
(xxiiixxi) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and the Reserve Fundof any Net Swap Payments or Swap Termination Payments; and
(xxivxxii) the applicable Record Date, Accrual Period and any other applicable determination dates for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on calculating distributions for such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's ’s internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may ’s internet website shall initially be accessed by calling (301) 815-6610. The Trustee's intern▇▇ located at “h▇▇▇▇▇▇▇ ://▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ .▇▇▇ ▇.▇▇.▇▇▇/▇▇▇▇▇▇▇ ▇r ”. Assistance in using the fax-on-demand service website can be obtained by calling the Trustee's ’s customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through and (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through and (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Soundview Home Loan Trust 2006-A)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master ServicerServicer pursuant to Sections 3.19 and 4.04, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balanceStated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance Stated Principal Balance of all Subsequent Mortgage Loans added during the preceding Prepayment Funding Period;
(viii) the number and aggregate unpaid principal balance Stated Principal Balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property[Reserved];
(x) the total number and cumulative principal balance Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period, the cumulative amount of Realized Losses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Realized LossesSubsequent Recoveries received since the Closing Date;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each Class of Class A Certificates, the each Class of Mezzanine Certificates, the each Class C of Class B Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Net Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the Class A Certificates, the Mezzanine Certificates and the Mezzanine Class B Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the each Class of Class A Certificates, the each Class of Mezzanine Certificates, each Class of Class B Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class of Class A Certificates and each Class of Mezzanine Certificates and the Mezzanine Class B Certificates for the immediately succeeding Distribution Date;
(xxiii) payments, if any, made under the Cap Contract;
(xxiv) the amount on deposit in the Pre-Funding Account, Accounts and the Interest Coverage Account and the Reserve FundAccounts; and
(xxivxxv) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in each of the Pre-Funding Account Accounts that has have not been used to purchase Subsequent Mortgage Loans and that is being distributed to the related Class A Certificates as a mandatory prepayment distribution of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may internet website shall initially be accessed by calling (301) 815-6610. The Trustee's intern▇▇ located at "▇▇▇▇▇▇▇ ://▇▇▇ll initially be located at "www.ctslink.com.▇▇▇.▇▇.▇▇▇/invr". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the Trustee's customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through and (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master ServicerServicer pursuant to Sections 3.19 and 4.04, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution DateDate which shall include the following information:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount (if any) and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount (if any) for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balanceStated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance Stated Principal Balance of all Subsequent Mortgage Loans added during the preceding Prepayment Funding Period;
(viii) the number and aggregate unpaid principal balance Stated Principal Balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property[Reserved];
(x) the total number and cumulative principal balance Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized LossesLosses since the Closing Date and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each Class of Class A Certificates, the each Class of Mezzanine Certificates, the Class C B Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Net Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the each Class of Class A Certificates, each Class of Mezzanine Certificates and the Mezzanine Class B Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the each Class of Class A Certificates, each Class of Mezzanine Certificates, the Mezzanine Class B Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class of Class A Certificates, each Class of Mezzanine Certificates and the Mezzanine Class B Certificates for the immediately succeeding Distribution Date; and
(xxiii) payments, if any, made under the Cap Contract;
(xxiiixxiv) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and the Reserve FundAccounts; and
(xxivxxv) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Group I Pre-Funding Account and/or the Group II Pre-Funding Account that has not been used to purchase Subsequent Group I Mortgage Loans and/or Subsequent Group II Mortgage Loans, as applicable, and that is being distributed to the related Class A Certificates as a mandatory prepayment distribution of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand service. The Trustee's fax-on- demand service may initially to be accessed by calling (301) 815-6610. The Trustee's internlocated at "▇▇ ▇▇.▇▇▇▇▇▇▇ ▇.▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the Trustee's customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDate;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;[reserved]
(x) the total number and cumulative principal balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each Class of Class A Certificates, the each Class of Mezzanine Certificates, the Class C Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the Class A Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the each Class of Class A Certificates, the each Class of Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class of Class A Certificates and the each Class of Mezzanine Certificates for the immediately succeeding Distribution Date;; and
(xxiii) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and the Reserve Fund; and
(xxiv) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on such Distribution Date. [reserved] The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may internet website shall initially be accessed by calling (301) 815-6610. The Trustee's internlocated at "▇▇ ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇ ▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r ▇.▇▇.▇▇▇/invr". Assistance in using the fax-on-demand service website can be obtained by calling the Trustee's customer service desk at (301800) 815735-66007777. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward to the Class R Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Fremont Home Loan Trust 2003-3 Asset Backed Certs)
Statements. (a) On each Distribution Date, based, as applicable, based on the Mortgage Loan information provided to it by contained in the Master ServicerRemittance Report, the Trustee Securities Administrator shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agenciespost on its website at www.ctslink.com, a statement (the "Distribution Date Statement") as to the distributions t▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇ions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates)allocable to principal, separately identified, allocable to principal identified and the amount of the distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment AmountsCharges;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interestinterest or Class CE Distributable Amount, separately identified;
(iii) the Overcollateralized Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Targeted Overcollateralization Target Amount as of such Distribution Date and the Monthly Excess Overcollateralized Interest Amount for the Mortgage Pool and Monthly Excess Cashflow Amount for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to during the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returnsCollection Period;
(v) the aggregate amount of Advances for the related Due Collection Period, cumulative unreimbursed Advances and Servicing Advances and cumulative Nonrecoverable Advances;
(vi) the Pool Balance Balance, at the Close close of Business business at the end of the related Due Collection Period;
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDue Date;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays past due on a contractual basis, (2b) 60 to 89 days and past due on a contractual basis, (3c) 90 or more daysdays past due on a contractual basis, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close close of Business business on the last day of the calendar month preceding such Distribution Date and (D) REO PropertiesDate;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Periodcalendar month, the loan number of such Mortgage Loan, the unpaid principal balance Principal Balance of the REO Property as of the close of business on the last Business Day of such calendar month and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties as of the Close close of Business business of the last day of the preceding Prepayment Collection Period;
(xi) separately stated for each Loan Group, the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) separately stated for each Loan Group, the aggregate amount of Realized Losses incurred during the related Prepayment Collection Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the each Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions, and allocations of Realized Losses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts;
(xiv) the Accrued Certificate Interest in respect of each Class of Certificates for such Distribution Date and any related Cap Carryover Amounts, and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the Class A Certificates, the Mezzanine Certificates, the Class C Certificates and the Class S Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.263.23;
(xvi) the amount of the Securities Administrator Fee paid;
(xvii) the Credit Enhancement Percentage for Cap Carryover Amounts distributed on such Distribution Date, the amounts remaining after giving effect to distributions thereof on such Distribution Date and the amount of all Cap Carryover Amounts covered by withdrawals from the Reserve Account on such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the Class A Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xxxix) when the Stepdown Date or whether a Trigger Event has occurredoccurred and is continuing, and the cumulative Realized Losses, as a percentage of the original Pool Balance;
(xxixx) the Available Funds;
(xxiixxi) the respective Pass-Through Rates applicable to the Rate for each Class A Certificates, the Mezzanine Certificates and the Class C of Certificates for such Distribution Date and Date;
(xxii) the Pass- Through Rate applicable to information contained in the Class A Certificates and the Mezzanine Certificates Liquidation Report for the immediately succeeding such Distribution Date;
(xxiii) the aggregate Principal Balance of Mortgage Loans purchased by the Servicer or the Depositor during the related Prepayment Period and indicating the section of this Agreement requiring or allowing the purchase of each such Mortgage Loan;
(xxiv) the aggregate Principal Balance of the Mortgage Loans repurchased by the Depositor during the related Prepayment Period in connection with Section 3.16;
(xxv) the amount on deposit in of the Pre-Funding Account, the Interest Coverage Account and the Reserve FundCredit Risk Manager Fee paid; and
(xxivxxvi) for the distribution occurring on Mortgage Loan identifying number of each Mortgage Loan with a Prepayment Charge that was the Distribution Date immediately following the end subject of a Principal Prepayment in full during the related Funding Collection Period, the balance Prepayment Charge listed on deposit in the Pre-Funding Account that has not been used to purchase Subsequent each related Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders Note and the Rating Agencies via Prepayment Charge collected, the Trustee's internet website and its fax-on-demand service. The Trustee's fax-on- demand service may be accessed Servicer Prepayment Charge Payment Amount paid by calling (301) 815-6610. The Trustee's intern▇▇ ▇▇▇▇▇▇▇ ▇▇▇ll initially be located at "www.ctslink.com"the Servicer or the Originator Prepayment Charge Payment Amount paid by the Originator with respect to each such Mortgage Loan. Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service Securities Administrator's website can be obtained by calling the TrusteeSecurities Administrator's customer service desk at (301) 815-6600. Parties that are unaunable to use the above distribution ▇▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇ above distribution options are entitled titled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee Securities Administrator shall have the right to change the way such statements reports are distributed in order to make such distribution more convenient and/or more accessible to the above parties parties, and the Trustee Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changeschange. The Trustee may fully rely upon and shall have no liability with respect to information with respect to the Mortgage Loans provided by the Servicer. In the case of information furnished pursuant to subclauses (i), (ii) through and (iiixiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, Securities Administrator shall furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i), (ii), (xiv) through and (iiixvii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee Securities Administrator shall forward to the Class R Certificateholders Certificateholder a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee Securities Administrator deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders Class R Certificateholder by the Trustee Securities Administrator pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Wells Fargo Asset Securities Corp)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDate;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;[reserved]
(x) the total number and cumulative principal balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each Class of Class A Certificates, the each Class of Mezzanine Certificates, the Class C Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the Class A Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the each Class of Class A Certificates, the each Class of Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class of Class A Certificates and the each Class of Mezzanine Certificates for the immediately succeeding Distribution Date;; and
(xxiii) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and the Reserve Fund; and
(xxiv) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principalpayments, if any, on made under the Cap Contract, received by the Trustee and deposited into the Net WAC Rate Carryover Reserve Account for such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may internet website shall initially be accessed by calling (301) 815-6610. The Trustee's internlocated at "▇▇ ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇ ▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r ▇.▇▇.▇▇▇/invr". Assistance in using the fax-on-demand service website can be obtained by calling the Trustee's customer service desk at (301800) 815735-66007777. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward to the Class R Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Financial Asset Securities Corp Fremont Loan Tr 2003-1)
Statements. (a) On each Distribution Date, the Securities Administrator shall make available to the Trustee, each Certificateholder, the Certificate Insurer, the Yield Maintenance provider, the Seller, any NIMS Insurer, the Master Servicer and each Rating Agency, a statement based, as applicable, on loan-level information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, obtained from the Master Servicer and the Rating Agencies, a statement Servicer (the “Distribution Date Statement”) as to the distributions to be made or made, as applicable, on such Distribution Date. Information in the Distribution Date Statement relating to or based on amounts available in the Yield Maintenance Account shall be based on information provided by the Yield Maintenance Provider regarding any Yield Maintenance Distributable Amounts required to be paid by the Yield Maintenance Provider for the related Distribution Date pursuant to the Yield Maintenance Agreement. The Distribution Date Statement shall include the following information, in each case, with respect to such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amountsprincipal;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date[Reserved];
(iv) the aggregate amount of servicing compensation received by the Servicing Fees, Master Servicer with respect to Servicing Fees and Credit Risk Manager Fees for the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returnsPeriod;
(v) the amount of Advances for each Loan Group and the aggregate amount of Advances for the related Due PeriodPeriod and the amount of unreimbursed Advances;
(vi) the Pool Loan Group Balance for each Loan Group and the Net WAC for each Loan Group at the Close of Business at the end of the related Due Period;
(vii) the Pool Balance, the Pool Collateral Balance and the Loan Group Balance for such Distribution Date;
(viii) for each Loan Group, the aggregate Principal Balance of the MTA Indexed Mortgage Loans at the Close of Business at the end of the related Due Period;
(ix) for each Loan Group, the amount of fees, expenses or indemnification amounts paid by the Trust Fund with an identification of the general purpose of such amounts and the party receiving such amounts;
(x) for each Loan Group, the number, aggregate principal balance, weighted average remaining term to maturity maturity, weighted average life and weighted average Mortgage Loan Rate of the related Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDue Date;
(viiixi) for each Loan Group, the number and aggregate unpaid principal balance of the related Mortgage Loans that were Loans, (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays Delinquent, (2b) 60 to 89 days and Delinquent, (3c) 90 or more daysdays Delinquent, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more daysbankruptcy, in each case as of the close of business on the last day of the preceding calendar month, using the OTS method;
(xii) for each Loan Group, the book value (if available) of any REO Property as of the Close of Business on the last day Business Day of the calendar month preceding such the Distribution Date and (D) REO Properties;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment PeriodDate, the loan number of such Mortgage Loanand, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Prepayment Due Period;
(xixiii) for each Loan Group, the aggregate amount of any Principal Prepayments, net Principal Prepayments or other unscheduled recoveries of principal with respect to each Loan Group made during the related Prepayment Period;
(xiixiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the related Prepayment Due Period for each Loan Group and the cumulative amount of Realized Losses;
(xiii) Losses and the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance Realized Losses, if any, allocated to each Class of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the any distributions made thereon, on such Distribution Date;
(xv) the Class Principal Balance of each Class of Certificates and the Apportioned Principal Balances of the Subordinate Certificates after giving effect to any distributions made thereon, on such Distribution Date;
(xvi) for each Loan Group, the Monthly Interest Distributable Amount and the Interest Distributable Amount in respect of the each related Class A of Certificates, the Mezzanine Certificates, the Class C Certificates and the Class S Certificates for such Distribution Date and the Unpaid Interest Shortfall Amountrespective portions thereof, if any, with remaining unpaid following the distributions made in respect to the Class A Certificatesof such Certificates on such Distribution Date;
(xvii) for each Loan Group, the Mezzanine Certificates aggregate amount of any Net Interest Shortfalls and the Unpaid Interest Shortfall Amount for such Distribution Date after giving effect to any distributions made thereon, on such Distribution Date;
(xviii) for each Loan Group, the related Available Funds;
(xix) for each Loan Group, the Pass-Through Rate and related Adjusted Cap Rate for each Class C of Certificates for such Distribution Date;
(xvixx) for each Loan Group, the aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, and indicating the relevant section of the Mortgage Loan Purchase Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each such Mortgage Loan;
(xxi) for each Loan Group, the amount of any Prepayment Principal Deficiency Amounts or Accrued Interest Shortfalls for such Distribution Date, Amounts paid to the extent not covered by payments by the Master Servicer an Undercollateralized Group or amounts paid pursuant to Section 3.265.01(f)(i);
(xviixxii) the Credit Enhancement Percentage for such Distribution Datecurrent Recoveries allocable to each Loan Group;
(xviiixxiii) cumulative Recoveries allocable to each Loan Group;
(xxiv) the Net WAC Rate Carryover Amount for the Class A Certificates and the Mezzanine Certificatesamount of any Basis Risk Shortfall, if any, for such Distribution Date and the amount remaining unpaid each Class after reimbursements therefor giving effect to any distributions made thereon, on such Distribution Date;
(xixxxv) any Overcollateralization Target for each Loan Group, the amount of Deferred Interest and Net Deferred Interest, if any, for such Loan Group;
(xxvi) the amount of the Certificate Insurer Reimbursement Amount, if any;
(xxvii) the Deficiency Amount, if any, to be paid by the Certificate Insurer;
(xxviii) the amount of Net Deferred Interest, if any, added to the Class Principal Balance of the Certificates
(xxix) the amount of any Unpaid Interest Shortfall Amount;
(xxx) the amount of the Group 1 Final Maturity Reserve Amount, the Group 2 Final Maturity Reserve Amount and the Aggregate Final Maturity Reserve Amount deposited in the Final Maturity Reserve Account, and, on the Final Maturity Reserve Termination Date, the amount distributed from the Final Maturity Reserve Account to each Class of Certificates;
(xxxi) the Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such for that Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxixxxii) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates Overcollateralization Target Amount for such Distribution Date and the Pass- Through Rate applicable to the Class A Certificates and the Mezzanine Certificates for the immediately succeeding that Distribution Date;
(xxiiixxxiii) the amount remitted by the Administrator to the Securities Administrator pursuant to the Yield Maintenance Allocation Agreement;
(xxxiv) the payments, if any, made from the Yield Maintenance Account and the amount distributed to the LIBOR Certificates from such payments;
(xxxv) the amount of any Class P Distributable Amount and the amount of any Class ES Distributable Amount;
(xxxvi) the amount on deposit in the Pre-Funding Account, Prefunding Account in the Interest Coverage Account aggregate and for each Loan Group (including a breakdown of amounts released during the Reserve Fund; and
(xxiv) for the distribution occurring prior calendar month in respect of Aggregate Subsequent Transfer Amounts or amounts included in Available Funds on the Distribution Date immediately in the month following the end of the related Funding Prefunding Period, ) and the balance on deposit amount of funds remaining in the Pre-Funding Capitalized Interest Account that has not been used (after giving effect to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, distributions on such Distribution Date); and
(xxxvii) the aggregate Principal Balance and number of Subsequent Mortgage Loans purchased in the Prefunding Period. The Trustee will Securities Administrator shall make such statement the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders Certificateholders, the Certificate Insurer and the Rating Agencies other parties to this Agreement via the Trustee's Securities Administrator’s internet website. The Securities Administrator’s internet website and its fax-on-demand service. The Trustee's fax-on- demand service may shall initially be accessed by calling (301) 815-6610. The Trustee's internlocated at “w▇▇ ▇.▇▇▇▇▇▇▇ ▇.▇▇▇ll initially be located at "www.ctslink.com". .” Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the Trustee's Securities Administrator’s customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee Securities Administrator shall have the right to change the way such statements reports are distributed in order to make such distribution more convenient and/or more accessible to the above parties parties, and the Trustee Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changeschange. In the case of information furnished pursuant to subclauses (i) through and (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Initial Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish . In addition to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) listed above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward to the Class R Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with Statement or the report on Form 10-D for such Distribution Date shall also include any other information as the Trustee deems necessary or appropriaterequired by Item 1121 (§ 229.1121) of Regulation AB.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (HarborView 2006-14)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master ServicerServicer in the Remittance Report, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencieson its website at ▇▇▇.▇▇▇▇▇.▇▇▇/▇▇▇, a statement (the "Distribution Date Statement") as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amountsprincipal;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized AmountPro Rata Senior Percentage, the Overcollateralization Release AmountSenior Percentage, the Overcollateralization Deficiency Amount Senior Prepayment Percentage, Subordinate Percentage and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount Subordinate Prepayment Percentage for the Mortgage Pool for such following Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to during the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due PeriodPeriod and the amount of unreimbursed Advances;
(vi) the Special Hazard Loss Coverage Amount, the Fraud Loss Coverage Amount and the Bankruptcy Loss Coverage Amount, each as of the related Determination Date;
(vii) the Pool Balance and Net WAC at the Close of Business at the end of the related Due Period;
(viiviii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Loan Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDue Date;
(viiiix) the number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays Delinquent, (2b) 60 to 89 days and Delinquent, (3c) 90 or more daysdays Delinquent, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more daysbankruptcy, in each case as of the Close of Business on the last day of the calendar month Determination Date preceding such Distribution Date and (D) REO PropertiesDate;
(ixx) with respect to any Mortgage Loan that became an a REO Property during the preceding Prepayment Periodcalendar month, the loan number of such Mortgage Loan, the unpaid principal balance Loan and the Principal Balance of such Mortgage Loan as of the date it became an a REO Property;
(xxi) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Due Period;
(xixii) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xiixiii) the aggregate amount of Realized Losses incurred during the related Prepayment Due Period and the cumulative amount of Realized Losses;
(xiiixiv) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xivxv) the Class Certificate Principal Balance of each Class of Certificates (other than the Class A X Certificates, the Mezzanine Certificates ) and the Class C Certificates and the Certificate Notional Amount Balance of the Class S X Certificates, after giving effect to the any distributions made thereon, on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the Class A Certificates, the Mezzanine Certificates, the Class C Certificates and the Class S Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the Interest Distributable Amount in respect of each Class of the Certificates, for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date;
(xvii) the aggregate amount of any Prepayment Interest Shortfalls and the Unpaid Interest Shortfall Amount for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) the Credit Enhancement Percentage for such Distribution Date3.24 hereof;
(xviii) if applicable, whether the Net WAC Rate Carryover Amount for the Class A Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution DateStep Down Conditions have been met;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxiixx) the respective Pass-Through Rates applicable to the Rate for each Class A Certificates, the Mezzanine Certificates and the Class C of Certificates for such Distribution Date and the Pass- Through Rate applicable to the Class A Certificates and the Mezzanine Certificates for the immediately succeeding Distribution Date;
(xxiii) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and the Reserve Fund; and
(xxivxxi) for the distribution occurring on aggregate Principal Balance of Mortgage Loans purchased by the Distribution Date immediately following Servicer or the end of Seller during the related Funding Due Period, and indicating the balance on deposit in Section of this Agreement requiring or allowing the Pre-Funding Account that has not been used to purchase Subsequent of each such Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on such Distribution DateLoan. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand service. The Trustee's fax-on- demand service may be accessed by calling (301) 815-6610. The Trustee's intern▇▇ ▇▇▇▇▇▇▇ ▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r the fax-on-demand service can be obtained by calling the Trustee's customer service desk at (301) 815-6600. Parties Holders that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling notifying the customer service desk Trustee in writing and indicating suchrequesting same. The Trustee shall have the right to change the way such statements Distribution Date Statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties Holders and the Trustee shall provide timely and adequate notification to all above parties the Holders regarding any such changes. The Trustee's obligations pursuant to this Section 4.04 are limited to the extent of its receipt of all necessary information from the Servicer. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer. In the case of information furnished pursuant to subclauses (i) through and (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward supply an electronic tape to the Class R Certificateholders Bloomberg Financial Markets, Inc. in a copy of the reports forwarded format acceptable to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar yearBloomberg Financial Markets, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.Inc.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Greenwich Capital Acceptance Inc)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it the Trust Administrator by the Master Servicer (which in turn shall be based on information provided to the Master Servicer by the Servicer), the Trustee Trust Administrator shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer Swap Provider, the Credit Risk Manager, the Servicer, the Certificate Insurer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:Date (the “Monthly Statement”):
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) any fees and expenses of the aggregate amount of servicing compensation received by the Master Servicer with respect Trust accrued and paid on such Distribution Date and to the related Due Period whom such fees and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returnsexpenses were paid;
(v) the aggregate amount of Advances for the related Due PeriodPeriod (including the general purpose of such Advances);
(vi) the Pool Balance aggregate amount of interest and scheduled principal received or advanced by the Servicer with respect to the related Due Period;
(vii) with respect to each Loan Group, the related group balance at the Close of Business at the end of the related Due Period;
(viiviii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDate;
(viiiix) the number and aggregate unpaid principal balance of Mortgage Loans (except those Mortgage Loans that are liquidated as of the end of the related Prepayment Period) that were (as determined using the OTS method) (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ixx) with respect to any the Delinquency Percentage;
(xi) the total number and cumulative principal balance of all Liquidated Mortgage Loan that became an REO Property during Loans as of the Close of Business of the last day of the preceding Prepayment Period, prior to the loan number reduction of such Mortgage Loan, the unpaid each principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Propertyto zero;
(xxii) the total number and cumulative principal balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xixiii) the aggregate amount of Principal Prepayments in full, the aggregate amount of Principal Prepayments in part and Net Liquidation Proceeds made during the related Prepayment Period;
(xiixiv) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses;
(xiiixv) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xivxvi) the Certificate Principal Balance of the each Class of Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, before and after giving effect to the distributions made on such Distribution Date;
(xvxvii) the Monthly Interest Distributable Amount in respect of the each Class of Class A Certificates, the Mezzanine Certificates, the Class C Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvixviii) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xviixix) the Senior Credit Enhancement Percentage for such Distribution Date;
(xviiixx) the Net WAC Rate Carryover Amount for the each Class of Class A Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xixxxi) the amount of any Overcollateralization Target Amount, Overcollateralized Amount Net Swap Payments or Swap Termination Payments (a) due from the Trust and Overcollateralization Deficiency Amount after giving effect to (b) due from the distribution of principal on such Distribution DateSwap Provider;
(xxxxii) when whether the Stepdown Date or a Trigger Event has occurredis in effect;
(xxixxiii) the Available Fundstotal cashflows received (including amounts received from the Supplemental Interest Trust Trustee under the Interest Rate Swap Agreement);
(xxiixxiv) the respective Pass-Through Rates applicable to the each Class of Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class of Class A Certificates and the Mezzanine Certificates for the immediately succeeding Distribution Date;
(xxiiixxv) the amount of payments received related to claims under the Pool Policy during the related Prepayment Period (and the number of Covered Mortgage Loans to which such payments related) and (B) the cumulative amount of payments received related to claims under the Pool Policy since the Closing Date (and the number of Covered Mortgage Loans to which such payments related);
(xxvi) the dollar amount of claims made under the Pool Policy that were denied during the Prepayment Period (and the number of Covered Mortgage Loans to which such denials related) and (B) the dollar amount of the cumulative claims made under the Pool Policy that were denied since the Closing Date (and the number of Covered Mortgage Loans to which such denials related);
(xxvii) the amount on deposit in Net WAC Rate Carryover Reserve Account;
(xxviii) the Pre-Funding Accountapplicable Record Date, Accrual Period and Determination Date for calculating distributions for such Distribution Date;
(xxix) the Interest Coverage Account and amount of any payments/draws under the Reserve FundPolicy; and
(xxivxxx) for the distribution occurring on the Distribution Date immediately following the end amount of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans any Reimbursement Amounts paid and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on such Distribution Dateany outstanding Reimbursement Amounts. The Trustee Trust Administrator will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders Certificateholders, the Certificate Insurer, the Swap Provider, the Credit Risk Manager, the Master Servicer, the Servicer, the Depositor and the Rating Agencies via the Trustee's Trust Administrator’s internet website. The Trust Administrator’s internet website and its fax-on-demand service. The Trustee's fax-on- demand service may shall initially be accessed by calling (301) 815-6610. The Trustee's internlocated at “w▇▇ ▇.▇▇▇▇▇▇▇ ▇.▇▇▇ll initially be located at "www.ctslink.com"”. Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the Trustee's Trust Administrator’s customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee Trust Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee Trust Administrator shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access the Trust Administrator’s internet website, the Trust Administrator may require registration and the acceptance of a disclaimer. The Trust Administrator will not be liable for the dissemination of information in accordance with this Agreement. The Trust Administrator shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the distribution date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. In addition, the Trust Administrator will report on Form 10-D any material breaches of representations and warranties regarding the Mortgage Loans to the extent known to the Trust Administrator and 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. For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trust Administrator from information provided by the Servicer and reported by the Trust Administrator based on the “OTS” methodology. By way of example, a Mortgage Loan would be Delinquent with respect to a Monthly Payment due on a Due Date if such Monthly Payment is not made by the Close of Business on the Mortgage Loan's next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Monthly Payment if such Monthly Payment were not made by the Close of Business on the Mortgage Loan’s second succeeding Due Date (the “OTS Method”). The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee Trust Administrator shall, upon written request, furnish to the Certificate Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee Trust Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee Trust Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee Trust Administrator shall forward make available to the Class R Certificate Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee Trust Administrator deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee Trust Administrator shall deliver to the Certificate Insurer and each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee Trust Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee Trust Administrator pursuant to any requirements of the Code as from time to time in force.
(e) For each Distribution Date, through and including the Distribution Date in December 2007, the Trust Administrator shall calculate the Significance Percentage of the Interest Rate Swap Agreement. If on any such Distribution Date, the Significance Percentage is equal to or greater than 9%, the Trust Administrator shall promptly notify the Depositor and the Depositor, on behalf of the Trust Administrator, shall obtain the financial information required to be delivered by the Swap Provider pursuant to the terms of the Interest Rate Swap Agreement. If, on any succeeding Distribution Date through and including the Distribution Date in December 2007, the Significance Percentage is equal to or greater than 10%, the Trust Administrator shall promptly notify the Depositor and the Depositor shall, within 5 Business Days of such Distribution Date, deliver to the Trust Administrator the financial information provided to it by the Swap Provider for inclusion in the Form 10-D relating to such Distribution Date. If on any Distribution Date after December 2007, the Significance Percentage is greater than 10%, the Trust Administrator shall include the Significance Percentage on the statement to Certificateholders for the related Distribution Date.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Option One Mortgage Loan Trust 2007-Hl1)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS Insurer, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;; 104
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment Period;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property[reserved];
(x) the total number and cumulative principal balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the Class A Certificates, the each class of Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each class of Class A Certificates, the Mezzanine Class S Certificates, the Class C each class of Mezzanine Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Class S Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;; 105
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for each class of Class A Certificates, the Class A S Certificates and the each class of Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the each class of Class A Certificates, the each class of Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each class of Class A Certificates and the each class of Mezzanine Certificates for the immediately succeeding Distribution Date;
(xxiii) (A) the amount of payments received related to claims under the PMI Policy during the related Prepayment Period (and the number of Mortgage Loans to which such payments related) and (B) the cumulative amount of payments received related to claims under the PMI Policy since the Closing Date (and the number of Mortgage Loans to which such payments related);
(A) the dollar amount of claims made under the PMI Policy that were denied during the Prepayment Period (and the number of Mortgage Loans to which such denials related) and (B) the dollar amount of the cumulative claims made under the PMI Policy that were denied since the Closing Date (and the number of Mortgage Loans to which such denials related);
(xxv) the amount on deposit in the Pre-Funding AccountAccounts, the Interest Coverage Account Accounts and the Net WAC Rate Carryover Reserve FundAccount; and
(xxivxxvi) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Group I Pre-Funding Account and/or the Group II Pre-Funding Account that has not been used to purchase Subsequent Group I Mortgage Loans and/or Subsequent Group II Mortgage Loans, as applicable, and that is being distributed to the related Class A Certificates as a mandatory prepayment distribution of principal, if any, on such Distribution Date. 106 The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders Certificateholders, the NIMS Insurer and the Rating Agencies via the Trustee's internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may internet website shall initially be accessed by calling (301) 815-6610. The Trustee's internlocated at "▇▇ ▇▇.▇▇▇▇▇▇▇ ▇.▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the Trustee's customer service desk at (301) 815-6600. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access the Trustee's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the distribution date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward to the NIMS Insurer and the Class R Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer and each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.. 107
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Option One Mort Accept Corp Asset Backed Cert Ser 2002-3)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master ServicerServicer pursuant to Sections 3.19 and 4.04, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balanceStated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance Stated Principal Balance of all Subsequent Mortgage Loans added during the preceding Prepayment Funding Period;
(viii) the number and aggregate unpaid principal balance Stated Principal Balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property[Reserved];
(x) the total number and cumulative principal balance Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period, the cumulative amount of Realized Losses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Realized LossesSubsequent Recoveries received since the Closing Date;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each Class of Class A Certificates, the each Class of Mezzanine Certificates, the each Class C of Class B Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Net Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the Class A Certificates, the Mezzanine Certificates and the Mezzanine Class B Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the each Class of Class A Certificates, the each Class of Mezzanine Certificates, each Class of Class B Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class of Class A Certificates and each Class of Mezzanine Certificates and the Mezzanine Class B Certificates for the immediately succeeding Distribution Date;
(xxiii) payments, if any, made under the Cap Contract;
(xxiv) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and the Reserve FundAccounts; and
(xxivxxv) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in each of the Pre-Funding Account Accounts that has have not been used to purchase Subsequent Mortgage Loans and that is being distributed to the related Class A Certificates as a mandatory prepayment distribution of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may internet website shall initially be accessed by calling (301) 815-6610. The Trustee's internlocated at "h▇▇ ▇▇▇://▇▇▇.▇▇▇▇▇▇▇ ▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r ▇.▇▇.▇▇▇/▇▇▇▇". Assistance in using the fax-on-demand service website can be obtained by calling the Trustee's customer service desk at (301800) 815735-66007777. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.. 124
(c) On each Distribution Date, the Trustee shall forward make available to the Class R Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Meritage Mortgage Loan Trust 2004-2)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master ServicerServicer pursuant to Sections 3.19 and 4.04, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;; 101
(vii) the number, aggregate principal balanceStated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDate;
(viii) the number and aggregate unpaid principal balance Stated Principal Balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property[Reserved];
(x) the total number and cumulative principal balance Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period, the cumulative amount of Realized Losses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Realized LossesSubsequent Recoveries received since the Closing Date;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each Class of Class A Certificates, the each Class of Mezzanine Certificates, the Class C B Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the Class A Certificates, the Mezzanine Certificates and the Mezzanine Class B Certificates, if any, for such Distribution Date 102 and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the each Class of Class A Certificates, each Class of Mezzanine Certificates, the Mezzanine Class B Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class of Class A Certificates, each Class of Mezzanine Certificates and the Mezzanine Class B Certificates for the immediately succeeding Distribution Date;; and
(xxiii) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and the Reserve Fund; and
(xxiv) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principalpayments, if any, on such Distribution Date. made under the Cap Contract; The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may internet website shall initially be accessed by calling (301) 815-6610. The Trustee's intern▇▇ located at "▇▇▇▇▇▇▇ ://▇▇▇ll initially be located at "www.ctslink.com.▇▇▇.▇▇.▇▇▇/invr". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the Trustee's customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master ServicerServicer pursuant to Sections 3.19 and 4.04, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution DateDate which shall include the following information:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount (if any) and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount (if any) for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balanceStated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance Stated Principal Balance of all Subsequent Mortgage Loans added during the preceding Prepayment Funding Period;
(viii) the number and aggregate unpaid principal balance Stated Principal Balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property[Reserved];
(x) the total number and cumulative principal balance Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized LossesLosses since the Closing Date and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each Class of Class A Certificates, the each Class of Mezzanine Certificates, the Class C B Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Net Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) the Credit Enhancement Percentage for such Distribution Date;; 115
(xviii) the Net WAC Rate Carryover Amount for the each Class of Class A Certificates, each Class of Mezzanine Certificates and the Mezzanine Class B Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the each Class of Class A Certificates, each Class of Mezzanine Certificates, the Mezzanine Class B Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class of Class A Certificates, each Class of Mezzanine Certificates and the Mezzanine Class B Certificates for the immediately succeeding Distribution Date; and
(xxiii) payments, if any, made under the Cap Contract;
(xxiiixxiv) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and the Reserve FundAccounts; and
(xxivxxv) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Group I Pre-Funding Account and/or the Group II Pre-Funding Account that has not been used to purchase Subsequent Group I Mortgage Loans and/or Subsequent Group II Mortgage Loans, as applicable, and that is being distributed to the related Class A Certificates as a mandatory prepayment distribution of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand service. The Trustee's fax-on- demand service may initially to be accessed by calling (301) 815-6610. The Trustee's internlocated at "▇▇ ▇▇.▇▇▇▇▇▇▇ ▇.▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the Trustee's customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. In As a condition to access to the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar yearTrustee's internet website, the Trustee shall, upon written request, furnish to each Person who at any time during may require registration and the calendar year was a Certificateholder acceptance of a Regular Certificate, if requested disclaimer. The Trustee will not be liable for the dissemination of information in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholderaccordance with this Agreement. Such obligation of the The Trustee shall also be deemed entitled to have been satisfied to rely on but shall not be responsible for the extent that substantially comparable content or accuracy of any information shall be prepared and furnished provided by third parties for purposes of preparing the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward to the Class R Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other information as the Trustee deems necessary or appropriateparty thereto).
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2004-Ff5)
Statements. (a) On each Distribution Date, based, as applicable, on the Mortgage Loan information provided to it by contained in the Master ServicerRemittance Report, the Trustee shall prepare and make available post on its website at www.usbank.com/abs and forward by mail to each Holder of the Regular CertificatesCe▇▇▇▇▇▇▇▇▇▇, the Master Servicer and the Rating Agencies, a statement ▇ ▇▇▇▇ement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal or reduction of Notional Amount, separately identified and the amount of the distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interestinterest or Class CE Distributable Amount, separately identified;
(iii) the Overcollateralized Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Monthly Excess Overcollateralized Interest Amount for the Mortgage Pool and Monthly Excess Cashflow Amount for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to during the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returnsCollection Period;
(v) the aggregate amount of Advances for the related Due Collection Period, cumulative unreimbursed Advances and Servicing Advances and cumulative Nonrecoverable Advances;
(vi) the Pool Balance at the Close close of Business business at the end of the related Due Collection Period;
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDue Date;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays past due on a contractual basis, (2b) 60 to 89 days and past due on a contractual basis, (3c) 90 or more daysdays past due on a contractual basis, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close close of Business business on the last day of the calendar month preceding such Distribution Date and (D) REO PropertiesDate;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Periodcalendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties as of the Close close of Business business of the last day of the preceding Prepayment Collection Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Collection Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance Balance, or Notional Amount, as applicable, of the each Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions, and allocations of Realized Losses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts;
(xiv) the Accrued Certificate Interest in respect of each Class of Certificates for such Distribution Date, separately identifying the portions thereof attributable to Cap Carryover Amounts, and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the Class A Certificates, the Mezzanine Certificates, the Class C Certificates and the Class S Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.263.23;
(xvi) the amount of the Trustee Fee paid;
(xvii) the Credit Enhancement Percentage for Cap Carryover Amounts distributed on such Distribution Date and the amounts remaining after giving effect to distributions thereof on such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the Class A Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xxxix) when the Stepdown Date or whether a Trigger Event has occurredoccurred and is continuing, and the cumulative Realized Losses, as a percentage of the original Pool Balance;
(xxixx) the Available Funds;
(xxiixxi) the respective Pass-Through Rates applicable to the rate at which interest accrues for each Class A Certificates, the Mezzanine Certificates and the Class C of Certificates for such Distribution Date and Date;
(xxii) the Pass- Through Rate applicable to information contained in the Class A Certificates and the Mezzanine Certificates Liquidation Report for the immediately succeeding such Distribution Date;
(xxiii) the aggregate Principal Balance of Mortgage Loans purchased by the Servicer or Seller during the related Collection Period and indicating the Section of this Agreement requiring or allowing the purchase of each such Mortgage Loan;
(xxiv) the aggregate Principal Balance of the Mortgage Loans repurchased by the Servicer during the related Collection Period in connection with Section 3.16;
(xxv) the amount on deposit in of the Pre-Funding Account, the Interest Coverage Account and the Reserve FundCredit Risk Manager Fee paid; and
(xxivxxvi) for the distribution occurring on Mortgage Loan identifying number of each Mortgage Loan with a Prepayment Charge that was the Distribution Date immediately following the end subject of a Principal Prepayment in full during the related Funding Collection Period, the balance Prepayment Charge listed on deposit in each related Mortgage Note and the Pre-Funding Account that has not been used Prepayment Charge collected or the Servicer Prepayment Charge Payment Amount paid by the Servicer with respect to purchase Subsequent each such Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on such Distribution DateLoan. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders may fully rely upon and the Rating Agencies via the Trustee's internet website and its fax-on-demand service. The Trustee's fax-on- demand service may be accessed by calling (301) 815-6610. The Trustee's intern▇▇ ▇▇▇▇▇▇▇ ▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r the fax-on-demand service can be obtained by calling the Trustee's customer service desk at (301) 815-6600. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ 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 Trustee shall have the right no liability with respect to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible information with respect to the above parties and Mortgage Loans provided by the Trustee shall provide timely and adequate notification to all above parties regarding any such changesServicer. In the case of information furnished pursuant to subclauses (i), (ii) through and (iiixiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, shall furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i), (ii), (xiv) through and (iiixvii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward to the Class R Certificateholders Certificateholder a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders Class R Certificateholder by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Abfc Asset Backed Certificates Series 2002-Nc1)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS Insurer, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment Period;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property[reserved];
(x) the total number and cumulative principal balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the Class A Certificates, the Mezzanine Class S Certificates, the Class C Mezzanine Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Class S Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the Class A Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass- Through Rate applicable to the Class A Certificates and the Mezzanine Certificates for the immediately succeeding Distribution Date;
(xxiii) (A) the amount of payments received related to claims under the PMI Policy during the related Prepayment Period (and the number of Mortgage Loans to which such payments related) and (B) the cumulative amount of payments received related to claims under the PMI Policy since the Closing Date (and the number of Mortgage Loans to which such payments related);
(A) the dollar amount of claims made under the PMI Policy that were denied during the Prepayment Period (and the number of Mortgage Loans to which such denials related) and (B) the dollar amount of the cumulative claims made under the PMI Policy that were denied since the Closing Date (and the number of Mortgage Loans to which such denials related);
(xxv) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and the Reserve Fund; and
(xxivxxvi) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders Certificateholders, the NIMS Insurer and the Rating Agencies via the Trustee's internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may internet website shall initially be accessed by calling (301) 815-6610. The Trustee's internlocated at "▇▇ ▇▇.▇▇▇▇▇▇▇ ▇.▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the Trustee's customer service desk at (301) 815-6600. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward to the NIMS Insurer and the Class R Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer and each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Option One Mort Acc Corp Asset Backed Cert Ser 2001-4)
Statements. (a) On each Distribution Date, based, as applicable, based on the Mortgage Loan information provided to it by contained in the Master ServicerRemittance Report, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agenciespost on its website at www.ctslink.com, a statement (the "Distribution Date Statement") as to the distributions ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ns made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal or reduction of Notional Amount, separately identified and the amount of the distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interestinterest or Class CE Distributable Amount, separately identified;
(iii) the Overcollateralized Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Monthly Excess Overcollateralized Interest Amount for the Mortgage Pool and Monthly Excess Cashflow Amount for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to during the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returnsCollection Period;
(v) the aggregate amount of Advances for the related Due Collection Period, cumulative unreimbursed Advances and Servicing Advances and cumulative Nonrecoverable Advances;
(vi) the Pool Balance Balance, at the Close close of Business business at the end of the related Due Collection Period;
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDue Date;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays past due on a contractual basis, (2b) 60 to 89 days and past due on a contractual basis, (3c) 90 or more daysdays past due on a contractual basis, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close close of Business business on the last day of the calendar month preceding such Distribution Date and (D) REO PropertiesDate;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Periodcalendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties as of the Close close of Business business of the last day of the preceding Prepayment Collection Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Collection Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance Balance, or Notional Amount, as applicable, of the each Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions, and allocations of Realized Losses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts;
(xiv) the Accrued Certificate Interest in respect of each Class of Certificates for such Distribution Date and any related Cap Carryover Amounts, and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the Class A Certificates, the Mezzanine Certificates, the Class C Certificates and the Class S Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.263.23;
(xvi) the amount of the Trustee Fee paid;
(xvii) the Credit Enhancement Percentage for Cap Carryover Amounts distributed on such Distribution Date, the amounts remaining after giving effect to distributions thereof on such Distribution Date and the amount of all Cap Carryover Amounts covered by withdrawals from the Reserve Account on such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the Class A Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xxxix) when the Stepdown Date or whether a Trigger Event has occurredoccurred and is continuing, and the cumulative Realized Losses, as a percentage of the original Pool Balance;
(xxixx) the Available Funds;
(xxiixxi) the respective Pass-Through Rates applicable to the rate at which interest accrues for each Class A Certificates, the Mezzanine Certificates and the Class C of Certificates for such Distribution Date and Date;
(xxii) the Pass- Through Rate applicable to information contained in the Class A Certificates and the Mezzanine Certificates Liquidation Report for the immediately succeeding such Distribution Date;
(xxiii) the aggregate Principal Balance of Mortgage Loans purchased by the Master Servicer or Seller during the related Collection Period and indicating the Section of this Agreement requiring or allowing the purchase of each such Mortgage Loan;
(xxiv) the aggregate Principal Balance of the Mortgage Loans repurchased by the Master Servicer during the related Collection Period in connection with Section 3.16;
(xxv) the amount on deposit in of the Pre-Funding Account, the Interest Coverage Account and the Reserve FundCredit Risk Manager Fee paid; and
(xxivxxvi) for the distribution occurring on Mortgage Loan identifying number of each Mortgage Loan with a Prepayment Charge that was the Distribution Date immediately following the end subject of a Principal Prepayment in full during the related Funding Collection Period, the balance Prepayment Charge listed on deposit in each related Mortgage Note and the Pre-Funding Account that has not been used Prepayment Charge collected or the Servicer Prepayment Charge Payment Amount paid by the Master Servicer with respect to purchase Subsequent each such Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on such Distribution DateLoan. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders may fully rely upon and the Rating Agencies via the Trustee's internet website and its fax-on-demand service. The Trustee's fax-on- demand service may be accessed by calling (301) 815-6610. The Trustee's intern▇▇ ▇▇▇▇▇▇▇ ▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r the fax-on-demand service can be obtained by calling the Trustee's customer service desk at (301) 815-6600. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ 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 Trustee shall have the right no liability with respect to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible information with respect to the above parties and Mortgage Loans provided by the Trustee shall provide timely and adequate notification to all above parties regarding any such changesMaster Servicer. In the case of information furnished pursuant to subclauses (i), (ii) through and (iiixiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, shall furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i), (ii), (xiv) through and (iiixvii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward to the Class R Certificateholders Certificateholder a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders Class R Certificateholder by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Asset Backed Funding Corp Abfc Asst BCKD Cert Ser 2002-Opt1)
Statements. (a) On each Distribution Date, based, as applicable, on the Mortgage Loan information provided to it by contained in the Master ServicerRemittance Report, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agenciespost on its website at www.jpmorgan.com/sfr, a statement as to the distributions made on such Distribution Date▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates)allocable to principal or reduction of Notional Amount, separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interestinterest or Class X Distributable Amount, separately identified;
(iii) the Overcollateralized Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Targeted Overcollateralization Target Amount as of such Distribution Date and the Monthly Excess Overcollateralized Interest Amount for the Mortgage Pool and Monthly Excess Cashflow Amount for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to during the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returnsCollection Period;
(v) the aggregate amount of Advances for the related Due Collection Period;
(vi) the Pool Balance at the Close close of Business business at the end of the related Due Collection Period;
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDue Date;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays past due on a contractual basis, (2b) 60 to 89 days and past due on a contractual basis, (3c) 90 or more daysdays past due on a contractual basis, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close close of Business business on the last day of the calendar month preceding such Distribution Date and (D) REO PropertiesDate;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Periodcalendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties as of the Close close of Business business of the last day of the preceding Prepayment Collection Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of prepayment penalties collected (including amounts deposited in connection with the full or partial waiver of such prepayment penalties pursuant to Section 3.01) during the related Collection Period and the amounts thereof allocable to the Class N Certificates and the Class X Certificates;
(xiii) the aggregate amount of Realized Losses incurred during the related Prepayment Collection Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance Balance, or Notional Amount, as applicable, of the each Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions distributions, and allocations of Realized Losses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts;
(xv) the Monthly Accrued Certificate Interest Distributable Amount in respect of the each Class A Certificates, the Mezzanine Certificates, the Class C Certificates and the Class S of Offered Certificates for such Distribution Date Date, separately identifying the portions thereof attributable to LIBOR Carryover Amounts, and the Unpaid Interest Shortfall Amountrespective portions thereof, if any, with remaining unpaid following the distributions made in respect to the Class A Certificates, the Mezzanine of such Certificates and the Class C Certificates for on such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.263.23;
(xvii) the Credit Enhancement Percentage for such Distribution Date[Reserved];
(xviii) [Reserved];
(xix) the Net WAC Rate amount of the Trustee Fee paid;
(xx) the LIBOR Carryover Amount for the Class A Certificates and the Mezzanine Certificates, if any, for Amounts distributed on such Distribution Date and the portion thereof constituting LIBOR Carryover Amounts, the amount of all LIBOR Carryover Amounts covered by withdrawals from the Reserve Account and the amounts remaining unpaid after reimbursements therefor giving effect to distributions thereof on such Distribution Date;
(xixxxi) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xxxxii) when the Stepdown Date or whether a Trigger Event has occurredoccurred and is continuing, and the cumulative Realized Losses, as a percentage of the original Pool Balance;
(xxixxiii) the Available Funds;
(xxiixxiv) the respective Pass-Through Rates applicable to the rate at which interest accrues for each Class A Certificates, the Mezzanine Certificates and the Class C of Certificates for such Distribution Date and the Pass- Through Rate applicable to the Class A Certificates and the Mezzanine Certificates for the immediately succeeding Distribution Date;
(xxiiixxv) the Liquidation Report for such Distribution Date;
(xxvi) the aggregate Principal Balance of Mortgage Loans purchased by the Servicer or Seller during the related Collection Period and indicating the Section of this Agreement requiring or allowing the purchase of each such Mortgage Loan;
(xxvii) the aggregate Principal Balance of the Mortgage Loans repurchased by the Servicer (or an affiliate) during the related Collection Period in connection with Section 3.16.
(xxviii) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and the Reserve Fund; and
(xxiv) for the distribution occurring on the Distribution Date immediately following the end of Subsequent Recoveries received during the related Funding Prepayment Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand service. The Trustee's fax-on- demand service may be accessed by calling (301) 815-6610. The Trustee's intern▇▇ ▇▇▇▇▇▇▇ ▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r the fax-on-demand service can be obtained by calling the Trustee's customer service desk at (301) 815-6600. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ above distribution options unable to use http://www.jpmorgan.com/sfr are entitled to have a paper copy mailed to them via first class mail ▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇ by calling the customer service desk Trustee at (877) 722-1095 and indicating such. The Trustee shall have the right to change the way ▇▇▇▇▇▇ ▇▇▇ ▇▇y such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The Trustee may fully rely upon and shall have no liability with respect to information with respect to the Mortgage Loans provided by the Servicer. In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, shall furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i), (ii), (xv) through and (iiixx) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R Residual Certificateholders a copy of the reports forwarded made available to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Residual Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balanceStated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDate;
(viii) the number and aggregate unpaid principal balance Stated Principal Balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefrom;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property[reserved];
(x) the total number and cumulative principal balance Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized LossesLosses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the each Class A Certificates, the Mezzanine of Floating Rate Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each Class A Certificates, the Mezzanine Certificates, the Class C of Floating Rate Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the each Class A Certificates, the Mezzanine of Floating Rate Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.263.24;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the each Class A Certificates and the Mezzanine of Floating Rate Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the each Class A Certificates, the Mezzanine of Floating Rate Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class A Certificates and the Mezzanine of Floating Rate Certificates for the immediately succeeding Distribution Date;
(xxiii) payments, if any, made under the Cap Contract;
(xxiv) the amount on deposit in the Pre-Funding Account, Accounts and the Interest Coverage Account and the Reserve FundAccounts; and
(xxivxxv) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Group I Pre-Funding Account and/or the Group II Pre-Funding Account that has not been used to purchase Subsequent Group I Mortgage Loans and/or Subsequent Group II Mortgage Loans, as applicable, and that is being distributed to the related Class A Certificates as a mandatory prepayment distribution of principal, if any, on such Distribution Date;
(xxvi) (A) the amount of payments received related to claims under the PMI Policy during the related Prepayment Period (and the number of Mortgage Loans to which such payments related) and (B) the cumulative amount of payments received related to claims under the PMI Policy since the Closing Date (and the number of Mortgage Loans to which such payments related);
(A) the dollar amount of claims made under the PMI Policy that were denied during the Prepayment Period (and the number of Mortgage Loans to which such denials related) and (B) the dollar amount of the cumulative claims made under the PMI Policy that were denied since the Closing Date (and the number of Mortgage Loans to which such denials related);
(xxviii) the aggregate amount of Custodian Fee received by the Custodian, the aggregate PMI Premium and the aggregate Credit Risk Manager Fee with respect to the related Due Period. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may be accessed by calling (301) 815-6610. The Trustee's intern▇▇ ▇▇▇▇▇▇▇ ▇▇▇ll internet website shall initially be located at "www.ctslink.comh▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇▇▇▇". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the Trustee's customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through and (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through and (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Soundview Home Loan Trust 2005-Opt1)
Statements. (a) On each Distribution Date, based, as applicable, on the Mortgage Loan information provided to it by contained in the Master ServicerRemittance Report, the Trustee shall prepare and make available to on its website at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇ for access by each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates)allocable to principal or reduction of Notional Amount, separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interestinterest or Class X Distributable Amount, separately identified;
(iii) the Overcollateralized Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Monthly Excess Overcollateralized Interest Amount for the Mortgage Pool and Monthly Excess Cashflow Amount for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns[reserved];
(v) the aggregate amount of Advances for the related Due Collection Period;
(vi) the Pool Balance at the Close close of Business business at the end of the related Due Collection Period and the number and aggregate Principal Balance of all Subsequent Mortgage Loans added during the Funding Period;
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDue Date;
(viii) the number and aggregate unpaid principal balance Principal Balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays past due on a contractual basis, (2b) 60 to 89 days and past due on a contractual basis, (3c) 90 or more daysdays past due on a contractual basis, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close close of Business business on the last day of the calendar month preceding such Distribution Date and (D) REO PropertiesDate;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Periodcalendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties as of the Close close of Business business of the last day of the preceding Prepayment Collection Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Prepayment Charges collected (including amounts deposited in connection with the full or partial waiver of such Prepayment Charges pursuant to Section 3.01) during the related Collection Period and the amounts thereof allocable to the Class N Certificates and the Class X Certificates;
(xiii) the aggregate amount of Realized Losses incurred during the related Prepayment Collection Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance or Notional Amount, as applicable, of the each Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions distributions, and allocations of Realized Losses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts;
(xv) the Monthly Accrued Certificate Interest Distributable Amount in respect of the each Class of Class A Certificates, the Mezzanine Certificates, the Class C Certificates and the Class S B Certificates for such Distribution Date, and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Dateamount of any Net WAC Rate Carryover Amounts;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.263.23;
(xvii) the Credit Enhancement Percentage for such Distribution Dateamount of the Trustee Fee paid;
(xviii) the Net WAC Rate Carryover Amount for the Class A Certificates and the Mezzanine Certificates, if any, for Amounts distributed on such Distribution Date and the amount amounts remaining unpaid after reimbursements therefor giving effect to distributions thereof on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or whether a Trigger Event has occurredoccurred and is continuing, and the cumulative Realized Losses, as a percentage of the original Pool Balance;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the rate at which interest accrues for each Class A Certificates, the Mezzanine Certificates and the Class C of Certificates for such Distribution Date and the Pass- Through Rate applicable to the Class A Certificates and the Mezzanine Certificates for the immediately succeeding Distribution Date;
(xxiii) the Liquidation Report for such Distribution Date;
(xxiv) the aggregate Principal Balance of Mortgage Loans purchased by the Servicer or Seller during the related Collection Period and indicating the Section of this Agreement requiring or allowing the purchase of each such Mortgage Loan;
(xxv) the amount on deposit in the Pre-Funding Account, Account and the Interest Coverage Account and the Reserve Fund; andAccount;
(xxivxxvi) for the distribution distributions occurring on the Distribution Date immediately Dates in the month following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has (exclusive of any investment income therein) not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment distribution of principal, if any, on such Distribution Date; and
(xxvii) the aggregate Principal Balance of the Mortgage Loans repurchased by the Servicer (or an affiliate) during the related Collection Period in connection with Section 3.16. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders may fully rely upon and the Rating Agencies via the Trustee's internet website and its fax-on-demand service. The Trustee's fax-on- demand service may be accessed by calling (301) 815-6610. The Trustee's intern▇▇ ▇▇▇▇▇▇▇ ▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r the fax-on-demand service can be obtained by calling the Trustee's customer service desk at (301) 815-6600. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ 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 Trustee shall have the right no liability with respect to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible information with respect to the above parties and Mortgage Loans provided by the Trustee shall provide timely and adequate notification to all above parties regarding any such changesServicer. In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, shall furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i), (ii), (xv) through and (iiixx) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward to the Class R Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Residual Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master ServicerServicer pursuant to Sections 3.19 and 4.04, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDate;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date related Due Period and (D) REO Properties;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property[Reserved];
(x) the total number and cumulative principal balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment related Due Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Due Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the Class A Senior Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each Class A of Senior Certificates, the each Class of Mezzanine Certificates, the Class C Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Senior Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the Class A Senior Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;; and
(xxii) the respective Pass-Through Rates applicable to the each Class A of Senior Certificates, the each Class of Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class A of Senior Certificates and the each Class of Mezzanine Certificates for the immediately succeeding Distribution Date;
(xxiii) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and the Reserve Fund; and
(xxiv) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may internet website shall initially be accessed by calling (301) 815-6610. The Trustee's internlocated at "▇▇ ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇ ▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r ▇.▇▇.▇▇▇/invr". Assistance in using the fax-on-demand service website can be obtained by calling the Trustee's customer service desk at (301800) 815735-66007777. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Financial Asset Securities Corp Asset Back Cert Ser 2003-1)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balanceStated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDate;
(viii) the number and aggregate unpaid principal balance Stated Principal Balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefrom;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property[reserved];
(x) the total number and cumulative principal balance Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment PeriodPeriod and the number;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized LossesLosses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the each Class A Certificates, the Mezzanine of Floating Rate Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each Class A Certificates, the Mezzanine Certificates, the Class C of Floating Rate Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the each Class A Certificates, the Mezzanine of Floating Rate Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.263.24;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the each Class A Certificates and the Mezzanine of Floating Rate Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the each Class A Certificates, the Mezzanine of Floating Rate Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class A Certificates and the Mezzanine of Floating Rate Certificates for the immediately succeeding Distribution Date;; and
(xxiii) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and the Reserve Fund; and
(xxiv) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principalpayments, if any, on such Distribution Datemade under the Cap Contract. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may internet website shall initially be accessed by calling (301) 815-6610. The Trustee's intern▇▇ located at "▇▇▇▇▇▇▇ ://▇▇▇ll initially be located at "www.ctslink.com.▇▇▇.▇▇.▇▇▇/invr". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the Trustee's customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through and (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through and (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Statements. (a) On each Distribution Two Business Days prior to the applicable Auction Payment Date, the Securities Administrator shall make available to the Auction Administrator, and concurrently with each payment to Noteholders, the Securities Administrator shall make available to each Noteholder, the Seller, the Initial Seller, the Master Servicer, the Indenture Trustee, the Yield Maintenance Counterparty and the Rating Agencies, a statement based, as applicable, on loan-level information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement Servicers (the "Payment Date Statement") as to the distributions payments to be made or made, as applicable, on such Distribution Payment Date. Information in the Payment Date Statement relating to or based on amounts to be received under the Yield Maintenance Agreements shall be based on information provided by the Yield Maintenance Counterparty regarding any Yield Maintenance Amounts required to be paid by the Yield Maintenance Counterparty for the related Payment Date pursuant to the Yield Maintenance Agreements. The Payment Date Statement shall include the following:
(i) the amount of the distribution payment made on such Distribution Payment Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, Notes allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amountsprincipal;
(ii) the amount of the distribution payment made on such Distribution Payment Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) Notes allocable to interest, separately identified;
(iii) the Overcollateralized AmountSenior Percentage, the Overcollateralization Release AmountSenior Prepayment Percentage, the Overcollateralization Deficiency Amount Subordinate Percentage and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount Subordinate Prepayment Percentage with respect to each Mortgage Loan Group for the Mortgage Pool for such Distribution following Payment Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to Advances for the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returnsamount of unreimbursed Advances;
(v) each Mortgage Loan Group Balance and related Available Funds Cap for each Mortgage Loan Group at the aggregate amount Close of Advances for Business at the end of the related Due Period;
(vi) the Pool aggregate Principal Balance of the 1-Year CMT Indexed Mortgage Loans and 3-Year CMT Indexed Mortgage Loans at the Close of Business at the end of the related Due Period;
(vii) the aggregate Principal Balance of the 6-Month LIBOR Indexed Mortgage Loans, 1-Month LIBOR Indexed Mortgage Loans and 1-Year LIBOR Indexed Mortgage Loans at the Close of Business at the end of the related Due Period;
(viii) the aggregate Principal Balance of the 1-Year MTA Indexed Mortgage Loans at the Close of Business at the end of the related Due Period;
(ix) the amount of the Master Servicing Fees paid to or retained by the Master Servicer;
(x) the aggregate amount of Servicer Fees paid to or retained by the Servicers;
(xi) to the extent such amounts are paid out of any Trust Account, the amount of fees, expenses or indemnification amounts paid by the Issuer with an identification of the general purpose of such amounts and the party receiving such amounts;
(xii) for each Mortgage Loan Group, the number, aggregate principal balance, weighted average remaining term to maturity maturity, weighted average life and weighted average Mortgage Rate of the related Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDue Date;
(viiixiii) the number and aggregate unpaid principal balance of Mortgage Loans that were Loans, in the aggregate and for each Mortgage Loan Group, using the "MBA" method (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays Delinquent, (2b) 60 to 89 days and Delinquent, (3c) 90 or more daysdays Delinquent, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more daysbankruptcy, in each case as of the Close close of Business business on the last day of the preceding calendar month preceding such Distribution Date and (D) REO Propertiesmonth;
(ixxiv) with respect to any Mortgage Loan the rolling six-month delinquency rate for that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO PropertyPayment Date;
(xxv) the total number and cumulative principal balance of all REO Properties in each Mortgage Loan Group as of the Close of Business of the last day of the preceding Prepayment Due Period;
(xixvi) the aggregate amount of Principal Prepayments and Prepayment Penalty Amounts with respect to each Mortgage Loan Group made during the related Prepayment Period;
(xiixvii) the aggregate amount of Realized Losses for each Mortgage Loan Group and Subsequent Recoveries incurred during the related Prepayment Due Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount Losses and Subsequent Recoveries as of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the Class A Certificates, the Mezzanine Certificates, the Class C Certificates and the Class S Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) the Credit Enhancement Percentage for such Distribution Payment Date;
(xviii) the Net WAC Rate Carryover Amount cumulative amount of Realized Losses for the Class A Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Dateeach Mortgage Loan Group;
(xix) any Overcollateralization Target Amountthe Realized Losses and Subsequent Recoveries, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect if any, allocated to each Class of Notes on the distribution of principal on such Distribution related Payment Date;
(xx) when the Stepdown Date or a Trigger Event has occurredClass Principal Amount of each Class of Notes after giving effect to any distributions made thereon, on such Payment Date;
(xxi) the Available FundsCurrent Interest in respect of each Class of Notes, for such Payment Date and the respective portions thereof, if any, remaining unpaid following the payments made in respect of such Notes on such Payment Date;
(xxii) the respective Pass-Through Rates applicable amount of Deferred Interest and Net Deferred Interest with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass- Through Rate applicable to the Class A Certificates and the Mezzanine Certificates for the immediately succeeding Distribution DateGroup 1 Notes;
(xxiii) the Available Funds with respect to each Mortgage Loan Group;
(xxiv) the Note Interest Rate for each Class of Notes for such Payment Date and the level of One-Month LIBOR or One-Year LIBOR, as applicable, used to determine the applicable Note Interest Rate;
(xxv) the aggregate Principal Balance of Mortgage Loans purchased hereunder by the Initial Seller, the Seller or TMI during the related Due Period, and indicating the Section of this Agreement requiring or allowing the purchase of each such Mortgage Loan;
(xxvi) the amount of any Principal Deficiency Amounts or accrued interest amounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(f)(i);
(A) the amounts paid to each Class of Offered Notes from Yield Maintenance Amounts received from the Yield Maintenance Counterparty for such period, expressed as a dollar amount and (B) the Yield Maintenance Amount and applicable Strike Rate for each Yield Maintenance Agreement for such Payment Date;
(xxviii) on the applicable Auction Payment Date, the Par Price (as defined in the Auction Administration Agreement) for each Class of Auction Notes as reported to the Master Servicer by the Securities Administrator;
(xxix) the total number of Mortgage Loans in the aggregate and the aggregate Scheduled Principal Balance in the aggregate and separately for the Group 1 Mortgage Loans, the Group 2 Mortgage Loans, the Group 3 Mortgage Loans and the Group 4 Mortgage Loans, in each case at the close of business at the end of the related Due Period;
(xxx) the amount, if any, remaining on deposit in the Pre-Funding Account, the Interest Coverage Account and the Reserve Fund; and
(xxivxxxi) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Periodamount, the balance if any, remaining on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on such Distribution DateGroup 3 Final Maturity Reserve Account. The Trustee Securities Administrator will make such statement the Payment Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders Securityholders and the Rating Agencies other parties to this Agreement via the TrusteeSecurities Administrator's internet website. The Securities Administrator's internet website and its fax-on-demand service. The Trustee's fax-on- demand service may shall initially be accessed by calling (301) 815-6610. The Trustee's internlocated at "▇▇ ▇▇.▇▇▇▇▇▇▇ ▇.▇▇▇ll initially be located at "www.ctslink.com". ." Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the TrusteeSecurities Administrator's customer service desk at (301) 8151-6600866-846-4526. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee Securities Administrator shall have the right to change the way such statements reports are distributed in order to make such distribution more convenient and/or more accessible to the above parties parties, and the Trustee Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changeschange. In the case of information furnished pursuant to subclauses (i) through and (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee Securities Administrator shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular CertificateNoteholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through and (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a CertificateholderNoteholder and such other customary information which a Securityholder reasonably requests to prepare its tax returns. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee Securities Administrator to Certificateholders Securityholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Payment Date, the Trustee Securities Administrator shall forward supply an electronic tape to the Class R Certificateholders Bloomberg Financial Markets, Inc. in a copy of the reports forwarded format acceptable to the Regular Certificateholders Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to Loan Performance and Intex Solutions in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriatea format acceptable to Loan Performance and Intex Solutions on a monthly basis.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Structured Asset Mortgage Investments Ii Inc)
Statements. (a) On each Distribution Date, based, as applicable, on the Mortgage Loan information provided to it by contained in the Master ServicerRemittance Report, the Trustee Securities Administrator shall prepare and make available to each Holder of the Regular Certificateson its internet website, the Master Servicer and the Rating Agencies, initially located at "▇▇▇.▇▇▇▇▇▇▇.▇▇▇," a statement (a "Distribution Date Statement") as to the distributions to be made on such Distribution Date:
(i) the Principal Distribution Amount and the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates)allocable to principal, separately identified, allocable to principal identified and the amount of the distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the Interest Remittance Amount and the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interestinterest or Class CE Distributable Amount, separately identified;
(iii) the Overcollateralized Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Monthly Excess Overcollateralized Cashflow Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to during the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returnsCollection Period;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close close of Business business at the end of the related Due Period;
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDue Date;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays past due on a contractual basis, (2b) 60 to 89 days and past due on a contractual basis, (3c) 90 or more daysdays past due on a contractual basis, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close close of Business business on the last day of the calendar month preceding such Distribution Date and (D) REO PropertiesDate;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Periodcalendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) cumulatively, the total number and cumulative principal balance of all REO Properties as of the Close close of Business business of the last day of the preceding Prepayment Collection Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period Collection Period, and the cumulative amount of Realized LossesLosses and the Cumulative Realized Loss Percentage;
(xiii) the aggregate amount Certificate Principal Balance of extraordinary Trust Fund expenses withdrawn from each Class of Certificates, after giving effect to the Collection Account distributions, and allocations of Realized Losses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts, and the Notional Amount of the Class AIO Certificates for such that Distribution Date;
(xiv) the Accrued Certificate Principal Balance Interest in respect of the each Class A Certificatesof Offered Certificates for such Distribution Date, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificatesrespective portions thereof, after giving effect to if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the Class A Certificates, the Mezzanine Certificates, the Class C Certificates and the Class S Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) 3.23, and the Credit Enhancement Percentage amount of Relief Act Shortfalls applied to reduce the Interest Remittance Amount for each Class for such Distribution Date;
(xvi) the amount of the Securities Administration Fee paid;
(xvii) the aggregate amount of the Credit Risk Manager Fee paid;
(xviii) any Overcollateralization Deficiency Amount after giving effect to the Net WAC Rate Carryover Amount for the Class A Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor distributions of principal on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount whether a Trigger Event has occurred and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Dateis continuing;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxiixxi) the respective Pass-Through Rates applicable to the Rate at which interest accrues for each Class A Certificates, the Mezzanine Certificates and the Class C of Certificates for such Distribution Date and the Pass- Formula Rate at which interest will accrue for such Class (other than the Class A-1, and AIO Certificates and, for the first 24 Distribution Dates, the Class A-2 Certificates) for the next Distribution Date, and the Pass-Through Rate applicable to for the Class A Certificates A-1, Class A-2 and the Mezzanine Class AIO Certificates for the immediately succeeding next Distribution Date;
(xxii) the Liquidation Report for such Distribution Date;
(xxiii) the aggregate Principal Balance of Mortgage Loans purchased by the Seller during the related Collection Period and indicating the Section of this Agreement requiring or allowing the purchase of each such Mortgage Loan;
(xxiv) the aggregate Principal Balance of the Mortgage Loans repurchased by the Depositor during the related Collection Period in connection with Section 3.16;
(xxv) the amount of Unpaid Interest Shortfall Amount and Net WAC Rate Carryover Amount payable on deposit in each Class for such Distribution Date, separately identifying the Pre-Funding Accountportion of each that consists of interest accrued on previous such amounts, the Interest Coverage Account amounts paid on each Class on such Distribution Date in respect of such items, and the Reserve Fundamount of Unpaid Interest Shortfall Amount and Net WAC Rate Carryover Amount that will be payable on each Class on the next Distribution Date; and
(xxivxxvi) for the distribution occurring on amount of all reimbursements of Realized Losses previously allocated to reduce the Distribution Date immediately following the end Certificate Principal Balance of the related Funding Period, the balance on deposit in the Pre-Funding Account any Class of Certificates that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, were reimbursed on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website remaining amount of any Realized Losses that have been so allocated and its fax-on-demand service. The Trustee's fax-on- demand service may be accessed by calling (301) 815-6610. The Trustee's intern▇▇ ▇▇▇▇▇▇▇ ▇▇▇ll initially be located at "www.ctslink.com"not yet reimbursed, for each Class. Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service Securities Administrator's website can be obtained by calling the TrusteeSecurities Administrator's customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee Securities Administrator shall have the right to change the way such statements reports are distributed in order to make such distribution more convenient and/or more accessible to the above parties parties, and the Trustee Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changeschange. The Securities Administrator's obligations pursuant to this Section 4.06 are limited to the extent of its receipt of all necessary information from the Servicer. The Securities Administrator may fully rely upon and shall have no liability with respect to information with respect to the Mortgage Loans provided by the Servicer. In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section Section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, shall furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i), (ii), (xi), (xii), (xxiii) through and (iiixxiv) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder, plus other information as the Securities Administrator may determine and advise the Trustee to be necessary and/or to be required by the Internal Revenue Service or by federal or state laws, rules or regulations to enable such Certificateholders to prepare their tax returns for such calendar year. Such obligation obligations of the Trustee and the Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee or the Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee Securities Administrator shall forward make available on its website the same information to the Class R Certificateholders a copy of the reports forwarded as that provided to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee Securities Administrator deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Class R Certificateholders by the Trustee Securities Administrator pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Asset Backed Funding Corp)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it the Trustee by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Credit Risk Manager, the Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount fees and expenses of servicing compensation received by the Master Servicer with respect Trust Fund accrued and paid on such Distribution Date and to the related Due Period whom such fees and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returnsexpenses were paid;
(v) the aggregate amount of Advances for the related Due PeriodPeriod (including the general purpose of such Advances);
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balanceStated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDate;
(viii) the number and aggregate unpaid principal balance Stated Principal Balance of Mortgage Loans (not including a Liquidated Mortgage Loan as of the end of the Prepayment Period) that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) using the OTS Method (as described below) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefrom;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) the total number and cumulative principal balance Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the calendar month preceding Prepayment Periodthe related Distribution Date;
(xix) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part;
(xiixi) the aggregate amount of Realized Losses incurred during the related Prepayment Period, which will include the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the aggregate amount of Realized Losses incurred since the Closing Date, which will include the cumulative amount of Realized LossesSubsequent Recoveries received since the Closing Date;
(xiiixii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date;
(xivxiii) the Certificate Principal Balance of the each Class A Certificates, the Mezzanine of Floating Rate Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, before and after giving effect to the distributions made on such Distribution Date;
(xvxiv) the Monthly Interest Distributable Amount in respect of the Class A Certificates, the Mezzanine Certificates, the Class C Floating Rate Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Floating Rate Certificates for such Distribution Date;
(xvixv) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.263.24;
(xviixvi) the Credit Enhancement Percentage for such Distribution Date;
(xviiixvii) the Net WAC Rate Carryover Amount for the Class A Certificates and the Mezzanine Floating Rate Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xixxviii) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when whether the Stepdown Date or a Trigger Event has occurred, the Delinquency Percentage for such Distribution Date and the Realized Loss Percentage for such Distribution Date;
(xxixix) the Available Fundstotal cashflows received and the general sources thereof (including amounts received from the Supplemental Interest Trust Trustee under the Interest Rate Swap Agreement, from the Cap Trustee under the Interest Rate Cap Agreement and under the Basis Risk Cap Agreement);
(xxiixx) the respective Pass-Through Rates applicable to the Class A Certificates, the Mezzanine Floating Rate Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the Class A Certificates and the Mezzanine Floating Rate Certificates for the immediately succeeding Distribution Date;
(xxi) payments, if any, made under the Basis Risk Cap Agreement and the Interest Rate Cap Agreement and the amount distributed to the Floating Rate Certificates from such payments;
(xxii) the amount of any Net Swap Payments or Swap Termination Payments paid to the Swap Provider;
(xxiii) the amount on deposit in the Pre-Funding Accountapplicable Record Date, the Interest Coverage Account Accrual Period and the Reserve Fundany other applicable determination dates for calculating distributions for such Distribution Date; and
(xxiv) for the distribution occurring on amount of income and gain realized from the investment of funds deposited in the Distribution Date immediately following Account during the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on Float Period for such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders Certificateholders, the NIMS Insurer, the Credit Risk Manager and the Rating Agencies via the Trustee's ’s internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may ’s internet website shall initially be accessed by calling (301) 815-6610. The Trustee's intern▇▇ located at “▇▇▇▇▇▇▇ ://▇▇▇ll initially be located at "www.ctslink.com".▇▇▇.▇▇.▇▇▇/invr”. Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the Trustee's ’s customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through and (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined and reported based on the “OTS” methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be Delinquent with respect to a Monthly Payment due on a Due Date if such Monthly Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Monthly Payment if such Monthly Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that this delinquency recognition policy is not less restrictive than any delinquency recognition policy established by the primary safety and soundness regulator, if any, of the Servicer.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through and (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Soundview Home Loan Trust 2006-Eq1)
Statements. (a) On each Distribution Date, based, as applicable, based on the Mortgage Loan information provided to it by contained in the Master ServicerRemittance Report, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, post on its website at "▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇" a statement (the "Distribution Date Statement") as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates)allocable to principal, separately identified, allocable to principal identified and the amount of the distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges Charges, Originator Prepayment Charge Payment Amounts and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interestinterest or Class CE Distributable Amount, separately identified;
(iii) the Overcollateralized Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Targeted Overcollateralization Target Amount as of such Distribution Date and the Monthly Excess Overcollateralized Interest Amount for the Mortgage Pool and Monthly Excess Cashflow Amount for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to during the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returnsCollection Period;
(v) the aggregate amount of Advances for the related Due Collection Period, cumulative unreimbursed Advances and Servicing Advances and cumulative Nonrecoverable Advances;
(vi) the Pool Balance Balance, at the Close close of Business business at the end of the related Due Collection Period;
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDue Date;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays past due on a contractual basis, (2b) 60 to 89 days and past due on a contractual basis, (3c) 90 or more daysdays past due on a contractual basis, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close close of Business business on the last day of the calendar month preceding such Distribution Date and (D) REO PropertiesDate;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Periodcalendar month, the loan number of such Mortgage Loan, the unpaid principal balance Principal Balance of the REO Property as of the close of business on the last Business Day of such calendar month and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties as of the Close close of Business business of the last day of the preceding Prepayment Collection Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Collection Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the each Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions, and allocations of Realized Losses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts;
(xiv) the Accrued Certificate Interest in respect of each Class of Certificates for such Distribution Date and any related Cap Carryover Amounts, and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the Class A Certificates, the Mezzanine Certificates, the Class C Certificates and the Class S Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.263.23;
(xvi) the amount of the Trustee Fee paid;
(xvii) the Credit Enhancement Percentage for Cap Carryover Amounts distributed on such Distribution Date, the amounts remaining after giving effect to distributions thereof on such Distribution Date and the amount of all Cap Carryover Amounts covered by withdrawals from the Class A Reserve Account, the Class M-1/M-5 Reserve Account and the Class M-6/M-8 Reserve Account on such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the Class A Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xxxix) when the Stepdown Date or whether a Trigger Event has occurredoccurred and is continuing, and the cumulative Realized Losses, as a percentage of the original Pool Balance;
(xxixx) the Available Funds;
(xxiixxi) the respective Pass-Through Rates applicable to the rate at which interest accrues for each Class A Certificates, the Mezzanine Certificates and the Class C of Certificates for such Distribution Date and Date;
(xxii) the Pass- Through Rate applicable to information contained in the Class A Certificates and the Mezzanine Certificates Liquidation Report for the immediately succeeding such Distribution Date;
(xxiii) the amount on deposit aggregate Principal Balance of Mortgage Loans purchased by the Originator or the Seller during the related Prepayment Period and indicating the section of this Agreement requiring or allowing the purchase of each such Mortgage Loan;
(xxiv) the Mortgage Loan identifying number of each Mortgage Loan with a Prepayment Charge that was the subject of a Principal Prepayment in full during the Pre-Funding Accountrelated Collection Period, the Interest Coverage Account Prepayment Charge listed on each related Mortgage Note and the Reserve FundPrepayment Charge collected, the Servicer Prepayment Charge Payment Amount paid by the Servicer or the Originator Prepayment Charge Payment Amount paid by the Originator with respect to each such Mortgage Loan; and
(xxivxxv) for the distribution occurring on the Distribution Date immediately following the end amount of Subsequent Recoveries received during the related Funding Prepayment Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders may fully rely upon and the Rating Agencies via the Trustee's internet website and its fax-on-demand service. The Trustee's fax-on- demand service may be accessed by calling (301) 815-6610. The Trustee's intern▇▇ ▇▇▇▇▇▇▇ ▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r the fax-on-demand service can be obtained by calling the Trustee's customer service desk at (301) 815-6600. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ 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 Trustee shall have the right no liability with respect to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible information with respect to the above parties and Mortgage Loans provided by the Trustee shall provide timely and adequate notification to all above parties regarding any such changesServicer. In the case of information furnished pursuant to subclauses (i), (ii) through and (iiixiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, shall furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i), (ii), (xiv) through and (iiixvii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R Certificateholders Certificateholder a copy of the reports forwarded made available to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders Class R Certificateholder by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (CHEC Loan Trust 2004-2 Asset-Backed Certificates, Series 2004-2)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Swap Provider and the NIMS Insurer, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance aggregate amount of interest and scheduled principal received or advanced by the Master Servicer with respect to the related Due Period;
(vii) with respect to each Loan Group, the related group balance at the Close of Business at the end of the related Due Period;
(viiviii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDate;
(viiiix) the number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ixx) with respect to any the total number and cumulative principal balance of all Liquidated Mortgage Loan that became an REO Property during Loans as of the Close of Business of the last day of the preceding Prepayment Period, prior to the loan number reduction of such Mortgage Loan, the unpaid each principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Propertyto zero;
(xxi) the total number and cumulative principal balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xixii) the aggregate amount of Principal Prepayments in full, the aggregate amount of Principal Prepayments in part and Net Liquidation Proceeds made during the related Prepayment Period;
(xiixiii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses;
(xiiixiv) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xivxv) the Certificate Principal Balance of the each Class of Class A Certificates, the each class of Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xvxvi) the Monthly Interest Distributable Amount in respect of the each Class of Class A Certificates, the each class of Mezzanine Certificates, the Class C Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvixvii) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xviixviii) the Senior Credit Enhancement Percentage for such Distribution Date;
(xviiixix) the Net WAC Rate Carryover Amount for the each class of Class A Certificates and the each class of Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xixxx) the amount of any Overcollateralization Target Amount, Overcollateralized Amount Net Swap Payments or Swap Termination Payments (a) due from the Trust and Overcollateralization Deficiency Amount after giving effect to (b) due from the distribution of principal on such Distribution DateSwap Provider;
(xxxxi) when the Stepdown Date or a Trigger Event has occurredis in effect;
(xxixxii) the Available Funds;
(xxiixxiii) the respective Pass-Through Rates applicable to the each Class of Class A Certificates, the each Class of Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class of Class A Certificates and the each class of Mezzanine Certificates for the immediately succeeding Distribution Date;
(xxiiixxiv) [reserved];
(xxv) [reserved];
(xxvi) the amount on deposit in the Pre-Funding Net WAC Rate Carryover Reserve Account, the Interest Coverage Account and the Reserve Fund; and
(xxivxxvii) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on such Distribution Date[reserved]. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders Certificateholders, the NIMS Insurer and the Rating Agencies via the Trustee's internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may internet website shall initially be accessed by calling (301) 815-6610. The Trustee's internlocated at “▇▇ ▇▇.▇▇▇▇▇▇▇ ▇.▇▇▇ll initially be located at "www.ctslink.com"”. Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the Trustee's customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access the Trustee's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the distribution date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward to the Class R NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer and each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Statements. (a) On each Distribution Date, based, as applicable, on the Mortgage Loan information provided to it by contained in the Master ServicerRemittance Report, the Trustee shall prepare and make available post on its website at www.etrustee.net and forward by mail to each Holder of the Regular CertificatesCert▇▇▇▇▇▇▇▇, the Master Servicer and the Rating Agencies, a statement ▇ ▇▇▇▇ement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal or reduction of Notional Amount, separately identified and the amount of the distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interestinterest or Class CE Distributable Amount, separately identified;
(iii) the Overcollateralized Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Monthly Excess Overcollateralized Interest Amount for the Mortgage Pool and Monthly Excess Cashflow Amount for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to during the related Due Collection Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returnsaccrued and unpaid Special Servicing Fees;
(v) the aggregate amount of Advances for the related Due Collection Period;
(vi) the Pool Balance at the Close close of Business business at the end of the related Due Collection Period;
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDue Date;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays past due on a contractual basis, (2b) 60 to 89 days and past due on a contractual basis, (3c) 90 or more daysdays past due on a contractual basis, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close close of Business business on the last day of the calendar month preceding such Distribution Date and (D) REO PropertiesDate;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Periodcalendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties as of the Close close of Business business of the last day of the preceding Prepayment Collection Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Collection Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance Balance, or Notional Amount, as applicable, of the each Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions, and allocations of Realized Losses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts;
(xiv) the Accrued Certificate Interest in respect of each Class of Certificates for such Distribution Date, separately identifying the portions thereof attributable to Cap Carryover Amounts, and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the Class A Certificates, the Mezzanine Certificates, the Class C Certificates and the Class S Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.263.23;
(xvi) the amount of the Trustee Fee paid;
(xvii) the Credit Enhancement Percentage for Cap Carryover Amounts distributed on such Distribution Date and the amounts remaining after giving effect to distributions thereof on such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the Class A Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xxxix) when the Stepdown Date or whether a Trigger Event has occurredoccurred and is continuing, and the cumulative Realized Losses, as a percentage of the original Pool Balance;
(xxixx) the Available Funds;
(xxiixxi) the respective Pass-Through Rates applicable to the rate at which interest accrues for each Class A Certificates, the Mezzanine Certificates and the Class C of Certificates for such Distribution Date and Date;
(xxii) the Pass- Through Rate applicable to information contained in the Class A Certificates and the Mezzanine Certificates Liquidation Report for the immediately succeeding such Distribution Date;
(xxiii) the amount on deposit in aggregate Principal Balance of Mortgage Loans purchased by the Pre-Funding Account, Servicer or Seller during the Interest Coverage Account related Collection Period and indicating the Reserve FundSection of this Agreement requiring or allowing the purchase of each such Mortgage Loan; and
(xxiv) for the distribution occurring on the Distribution Date immediately following the end aggregate Principal Balance of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to repurchased by the Class A Certificates as a mandatory prepayment of principal, if any, on such Distribution DateServicer (or an affiliate) during the related Collection Period in connection with Section 3.16. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders may fully rely upon and the Rating Agencies via the Trustee's internet website and its fax-on-demand service. The Trustee's fax-on- demand service may be accessed by calling (301) 815-6610. The Trustee's intern▇▇ ▇▇▇▇▇▇▇ ▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r the fax-on-demand service can be obtained by calling the Trustee's customer service desk at (301) 815-6600. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ 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 Trustee shall have the right no liability with respect to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible information with respect to the above parties and Mortgage Loans provided by the Trustee shall provide timely and adequate notification to all above parties regarding any such changesServicer. In the case of information furnished pursuant to subclauses (i), (ii) through and (iiixiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, shall furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i), (ii), (xiv) through and (iiixvii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward to the Class R Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Residual Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Abfc Asset Backed Certificates Series 2002-Sb1)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS Insurer, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDate;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property[reserved];
(x) the total number and cumulative principal balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the Class A Certificates, the Mezzanine Certificates, the Class C Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the Class A Certificates and the Mezzanine Offered Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass- Through Rate applicable to the Class A Certificates and the Mezzanine Offered Certificates for the immediately succeeding Distribution Date;
(xxiii) (A) the amount of payments received related to claims under the PMI Policy during the related Prepayment Period (and the number of Mortgage Loans to which such payments related) and (B) the cumulative amount of payments received related to claims under the PMI Policy since the Closing Date (and the number of Mortgage Loans to which such payments related);
(A) the dollar amount of claims made under the PMI Policy that were denied during the Prepayment Period (and the number of Mortgage Loans to which such denials related) and (B) the dollar amount of the cumulative claims made under the PMI Policy that were denied since the Closing Date (and the number of Mortgage Loans to which such denials related); and
(xxv) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and the Reserve Fund; and
(xxiv) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders Certificateholders, the NIMS Insurer and the Rating Agencies via the Trustee's internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may internet website shall initially be accessed by calling (301) 815-6610. The Trustee's internlocated at "▇▇ ▇▇.▇▇▇▇▇▇▇ ▇.▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the Trustee's customer service desk at (301) 815-6600. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward to the Class R Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer and each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Option One Mortgage Loan Tr 2002-1 as-BCKD Cert Ser 2002-1)
Statements. (a) On each Distribution Date, based, as applicable, on the Mortgage Loan information provided to it by contained in the Master ServicerRemittance Report, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, post on its website at www.jpmorgan.com/absmbs a statement as to the distributions made on such Distribution Date▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates)allocable to principal or reduction of Notional Amount, separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interestinterest or Class X Distributable Amount, separately identified;
(iii) the Overcollateralized Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Monthly Excess Overcollateralized Interest Amount for the Mortgage Pool and Monthly Excess Cashflow Amount for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to during the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returnsCollection Period;
(v) the aggregate amount of Advances in respect of the Trust Fund and each Loan Group for the related Due Collection Period;
(vi) the Pool Balance and each Group Balance at the Close close of Business business at the end of the related Due Collection Period;
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of the Mortgage Loans in the Trust Fund and in each Loan Group as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDue Date;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans that were in the Trust Fund and in each Loan Group (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays past due on a contractual basis, (2b) 60 to 89 days and past due on a contractual basis, (3c) 90 or more daysdays past due on a contractual basis, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close close of Business business on the last day of the calendar month preceding such Distribution Date and (D) REO PropertiesDate;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Periodcalendar month, the loan number and Loan Group of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in the Trust Fund and each Loan Group as of the Close close of Business business of the last day of the preceding Prepayment Collection Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, both for the Trust Fund as a whole as well as for each Loan Group;
(xii) the aggregate amount of prepayment penalties collected (including amounts deposited in connection with the full or partial waiver of such prepayment penalties pursuant to Section 3.01) during the related Collection Period and the amounts thereof allocable to the Class N Certificates and the Class X Certificates;
(xiii) the aggregate amount of Realized Losses incurred during the related Prepayment Collection Period and the cumulative amount of Realized Losses;
(xiii) , in each case for the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account as a whole as well as for such Distribution Dateeach Loan Group;
(xiv) the Certificate Principal Balance Balance, or Notional Amount, as applicable, of the each Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions, and allocations of Realized Losses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts;
(xv) the Accrued Certificate Interest in respect of each Class of Offered Certificates (other than the Class A-IO Certificates) and the Class B-2 and Class B-3 Certificates for such Distribution Date, separately identifying the portions thereof attributable to Net Rate Carryover Amounts, and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date;
(xvxvi) the Monthly Interest Distributable Amount in respect of the Group 1 Class A CertificatesA-IO Component Notional Amount, the Mezzanine Certificates, the Group 2 Class C Certificates A-IO Component Notional Amount and the Group 3 Class S Certificates for such Distribution Date and the Unpaid Interest Shortfall A-IO Component Notional Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvixvii) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.263.23;
(xviixviii) the Credit Enhancement Percentage amount of the Trustee Fee paid;
(xix) the beginning and ending balances of the Basis Risk Reserve Fund on such Distribution Date, the Basis Risk Reserve Fund Deposit for such Distribution Date, and the Required Basis Risk Reserve Fund Amount for such Distribution Date;
(xviiixx) the Net WAC Rate Carryover Amount for the Class A Certificates and the Mezzanine Certificates, if any, for Amounts distributed on such Distribution Date Date, separately identifying any Net Rate Carryover Amounts paid from amounts received in respect of the Interest Rate Cap Agreements, and the amount any Net Rate Carryover Amounts remaining unpaid after reimbursements therefor giving effect to distributions thereof on such Distribution Date;
(xixxxi) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xxxxii) when the Stepdown Date or whether a Trigger Event has occurredoccurred and is continuing, and the cumulative Realized Losses, as a percentage of the original Pool Balance;
(xxixxiii) the Available Funds;
(xxiixxiv) the respective Pass-Through Rates applicable to the rate at which interest accrues for each Class A Certificates, the Mezzanine Certificates and the Class C of Certificates for such Distribution Date and the Pass- Through Rate applicable to the Class A Certificates and the Mezzanine Certificates for the immediately succeeding Distribution Date;
(xxiiixxv) the amount on deposit Liquidation Report for such Distribution Date;
(xxvi) the aggregate Principal Balance of Mortgage Loans in each Loan Group and in the Pre-Funding Account, Trust Fund purchased by the Interest Coverage Account Servicer or Seller during the related Collection Period and indicating the Reserve FundSection of this Agreement requiring or allowing the purchase of each such Mortgage Loan; and
(xxivxxvii) for the distribution occurring on the Distribution Date immediately following the end aggregate Principal Balance of the related Funding Period, the balance on deposit Mortgage Loans in each Loan Group and in the Pre-Funding Account Trust Fund repurchased by the Servicer (or an affiliate) during the related Collection Period in connection with Section 3.16. Parties that has not been used are unable to purchase Subsequent Mortgage Loans and that is being distributed use http://www.jpmorgan.com/absmbs are entitled to the Class A Certificates as have a mandatory prepayment of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand service. The Trustee's fax-on- demand service may be accessed by calling (301) 815-6610. The Trustee's internpaper copy mai▇▇▇ ▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r the fax-on-demand service can be obtained il by calling the Trustee's customer service desk Trustee at (301212) 815623-6600. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk 5600 and indicating such. The Trustee shall have the right to change the ▇▇ ▇▇▇▇▇▇ ▇▇▇ way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The Trustee may fully rely upon and shall have no liability with respect to information with respect to the Mortgage Loans provided by the Servicer. In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, shall furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i), (ii), (xv) through and (iiixx) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward provide to the Class R Residual Certificateholders a copy of the reports forwarded provided to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Residual Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Financial Asset Sec Corp C Bass Mort Ln as Bk Ce Se 02-Cb6)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee Securities Administrator shall prepare and make available to the Trustee, each Holder of Certificateholder, the Regular CertificatesSeller, the Master Servicer and the Rating AgenciesAgency, a statement based, as applicable, on loan-level information obtained from the Master Servicer and the Servicers (the “Distribution Date Statement”) as to the distributions to be made or made, as applicable, on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amountsprincipal;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized AmountSenior Percentage, the Overcollateralization Release AmountSenior Prepayment Percentage, the Overcollateralization Deficiency Amount Subordinate Percentage and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount Subordinate Prepayment Percentage for the Mortgage Pool for such following Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master each Servicer with respect to during the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due PeriodPeriod and the amount of unreimbursed Advances;
(vi) the Special Hazard Loss Coverage Amount, the Fraud Loss Coverage Amount and the Bankruptcy Loss Coverage Amount, each as of the related Determination Date;
(vii) the Pool Balance and Net WAC for all Mortgage Loans at the Close of Business at the end of the related Due Period;
(viiviii) the aggregate Principal Balance of the One-Year CMT Indexed Mortgage Loans at the Close of Business at the end of the related Due Period;
(ix) the aggregate Principal Balance of the Six-Month LIBOR Indexed and One-Year LIBOR Indexed Mortgage Loans at the Close of Business at the end of the related Due Period;
(x) the amount of any Class P Distributable Amount allocated to the Class P Certificate for that Distribution Date;
(xi) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Loan Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDue Date;
(viiixii) the number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays Delinquent, (2b) 60 to 89 days and Delinquent, (3c) 90 or more daysdays Delinquent, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more daysbankruptcy, in each case as of the close of business on the last day of the preceding calendar month;
(xiii) the book value of any REO Property as of the Close of Business on the last day Business Day of the calendar month preceding such the Distribution Date and (D) REO Properties;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment PeriodDate, the loan number of such Mortgage Loanand, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) cumulatively, the total number and cumulative principal balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Due Period;
(xixiv) the aggregate amount of Principal Prepayments made and Prepayment Penalty Amounts collected during the related Prepayment Period;
(xiixv) the aggregate amount of Realized Losses incurred during the related Prepayment Due Period and the cumulative amount of Realized Losses;
(xiiixvi) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Class Certificate Principal Balance of each Class of Certificates (other than the Class A CertificatesP Certificate), the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, in each case after giving effect to the any distributions made thereon, on such Distribution Date;
(xvxvii) the Monthly Interest Distributable Amount in respect of the each Class A of Certificates, the Mezzanine Certificates, the Class C Certificates and the Class S Certificates for such Distribution Date and the Unpaid Interest Shortfall Amountrespective portions thereof, if any, with remaining unpaid following the distributions made in respect to the Class A Certificates, the Mezzanine of such Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) the Credit Enhancement Percentage for on such Distribution Date;
(xviii) the aggregate amount of any Net WAC Rate Carryover Interest Shortfalls and the Unpaid Interest Shortfall Amount for the Class A Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxiixx) the respective Pass-Through Rates applicable to the Rate for each Class A Certificates, the Mezzanine Certificates and the Class C of Certificates for such Distribution Date and the Pass- Through Rate applicable to the Class A Certificates and the Mezzanine Certificates for the immediately succeeding Distribution Date;
(xxiii) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and the Reserve Fund; and
(xxivxxi) for the distribution occurring on aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, and indicating the relevant section of the related Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each such Mortgage Loan. The Securities Administrator shall make the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on such Distribution Date. The Trustee will make such statement Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies other parties to this Agreement via the Trustee's Securities Administrator’s internet website. The Securities Administrator’s internet website and its fax-on-demand service. The Trustee's fax-on- demand service may shall initially be accessed by calling (301) 815-6610. The Trustee's internlocated at “▇▇ ▇▇.▇▇▇▇▇▇▇ ▇.▇▇▇ll initially be located at "www.ctslink.com". .” Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the Trustee's Securities Administrator’s customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee Securities Administrator shall have the right to change the way such statements reports are distributed in order to make such distribution more convenient and/or more accessible to the above parties parties, and the Trustee Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changeschange. In the case of information furnished pursuant to subclauses (i) through and (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee Securities Administrator shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee Securities Administrator shall forward supply an electronic tape to the Class R Certificateholders Bloomberg Financial Markets, Inc. in a copy of the reports forwarded format acceptable to the Regular Certificateholders Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to Loan Performance and Intex Solutions in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriatea format acceptable to Loan Performance and Intex Solutions on a monthly basis.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Mortgage Loan Pass-Through Certificates Series 2003-1)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balanceStated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance Stated Principal Balance of all Subsequent Mortgage Loans added during the preceding Prepayment Funding Period;
(viii) the number and aggregate unpaid principal balance Stated Principal Balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefrom;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property[reserved];
(x) the total number and cumulative principal balance Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized LossesLosses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the each Class A Certificates, the Mezzanine of Floating Rate Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each Class A Certificates, the Mezzanine Certificates, the Class C of Floating Rate Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the each Class A Certificates, the Mezzanine of Floating Rate Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the each Class A Certificates and the Mezzanine of Floating Rate Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the each Class A Certificates, the Mezzanine of Floating Rate Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class A Certificates and the Mezzanine of Floating Rate Certificates for the immediately succeeding Distribution Date;
(xxiii) payments, if any, made under the Cap Contract;
(xxiv) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and the Reserve FundAccounts; and
(xxivxxv) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Group I Pre-Funding Account and/or the Group II Pre-Funding Account that has not been used to purchase Subsequent Group I Mortgage Loans and/or Subsequent Group II Mortgage Loans, as applicable, and that is being distributed to the related Class A Certificates as a mandatory prepayment distribution of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may internet website shall initially be accessed by calling (301) 815-6610. The Trustee's intern▇▇ located at "▇▇▇▇▇▇▇ ://▇▇▇ll initially be located at "www.ctslink.com.▇▇▇.▇▇.▇▇▇/invr". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the Trustee's customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through and (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Fremont Home Loan Trust 2005-1)
Statements. (a) On each Distribution Date, based, as applicable, based on the Mortgage Loan information provided to it by contained in the Master ServicerRemittance Report, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agenciespost on its website at w▇▇.▇▇▇▇▇▇▇.▇▇▇, a statement (the “Distribution Date Statement”) as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates)allocable to principal, separately identified, allocable to principal identified and the amount of the distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges Charges, Originator Prepayment Charge Payment Amounts and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interestinterest or Class CE Distributable Amount, separately identified;
(iii) the Overcollateralized Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Targeted Overcollateralization Target Amount as of such Distribution Date and the Monthly Excess Overcollateralized Interest Amount for the Mortgage Pool and Monthly Excess Cashflow Amount for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to during the related Due Collection Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returnsamount of Compensating Interest paid by the Servicer;
(v) the aggregate amount of Advances for the related Due Collection Period, cumulative unreimbursed Advances and Servicing Advances and cumulative Nonrecoverable Advances;
(vi) the Pool Balance Balance, at the Close close of Business business at the end of the related Due Collection Period;
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and the weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDue Date;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays past due on a contractual basis, (2b) 60 to 89 days and past due on a contractual basis, (3c) 90 or more daysdays past due on a contractual basis, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close close of Business business on the last day of the calendar month preceding such Distribution Date and (D) REO PropertiesDate;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Periodcalendar month, the loan number of such Mortgage Loan, the unpaid principal balance Principal Balance of the REO Property as of the close of business on the last Business Day of such calendar month and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties as of the Close close of Business business of the last day of the preceding Prepayment Collection Period;
(xi) separately stated for each Loan Group, the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) separately stated for each Loan Group, the aggregate amount of Realized Losses incurred during the related Prepayment Collection Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the each Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions, and allocations of Applied Realized Loss Amounts, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Applied Realized Loss Amounts;
(xiv) the Accrued Certificate Interest in respect of each Class of Certificates for such Distribution Date and any related Cap Carryover Amounts, and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the Class A Certificates, the Mezzanine Certificates, the Class C Certificates and the Class S Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.263.23;
(xviixvi) the Credit Enhancement Percentage for Cap Carryover Amounts distributed on such Distribution Date;
(xviii) , the Net WAC Rate Carryover Amount for the Class A Certificates and the Mezzanine Certificates, if any, for amounts remaining after giving effect to distributions thereof on such Distribution Date and the amount remaining unpaid after reimbursements therefor of all Cap Carryover Amounts covered by withdrawals from the Swap Account or the Cap Carryover Reserve Account on such Distribution Date;
(xixxvii) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xxxviii) when the Stepdown Date or whether a Trigger Event has occurredoccurred and is continuing, and the cumulative Realized Losses, as a percentage of the original Pool Balance;
(xxixix) the Available Funds;
(xxiixx) the respective Pass-Through Rates applicable to the rate at which interest accrues for each Class A Certificates, the Mezzanine Certificates and the Class C of Certificates for such Distribution Date and Date;
(xxi) the Pass- Through Rate applicable to information contained in the Class A Certificates and the Mezzanine Certificates Liquidation Report for the immediately succeeding such Distribution Date;
(xxii) the aggregate Principal Balance of Mortgage Loans purchased by the Servicer, the Originator, the Seller or a Purchasing Party during the related Prepayment Period and indicating the section of this Agreement, the Mortgage Loan Purchase Agreement or the Mortgage Loan Sale Agreement, as applicable, requiring or allowing the purchase of each such Mortgage Loan;
(xxiii) the amount of the Credit Risk Manager Fee paid;
(xxiv) the Mortgage Loan identifying number of each Mortgage Loan with a Prepayment Charge that was the subject of a Principal Prepayment in full during the related Prepayment Period, the Prepayment Charge listed on deposit in each related Mortgage Note and the Pre-Funding AccountPrepayment Charge collected, the Servicer Prepayment Charge Payment Amount paid by the Servicer or the Originator Prepayment Charge Payment Amount paid by the Originator with respect to each such Mortgage Loan;
(xxv) the amount of Subsequent Recoveries received during the related Prepayment Period;
(xxvi) only for so long as the Trust is subject to the Exchange Act reporting requirements, the Interest Coverage Account Rate Swap Agreement’s “significance percentage” of the Pool Balance;
(xxvii) the amount and recipient of any Net Swap Payments and Swap Termination Payments;
(xxviii) the date of such Distribution Date and the Reserve Determination Date for such Distribution Date;
(xxix) any expenses or indemnification amounts paid by the Trust Fund, the specific purpose of each payment and the parties to whom these payments are made;
(xxx) for each Class, the applicable Record Date, LIBOR Determination Date and Interest Accrual Period;
(xxxi) unless such information is otherwise set forth in Form 10-D relating to such Distribution Date, any material breaches of representations and warranties relating to the Mortgage Loans or material breaches of transaction covenants or representations and warranties; and
(xxivxxxii) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Periodeach Class, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principalapplicable Certificate Interest Rate, if anyapplicable, on such Distribution Dateand the applicable Pass-Through Rate, if different. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders may fully rely upon and the Rating Agencies via the Trustee's internet website and its fax-on-demand service. The Trustee's fax-on- demand service may be accessed by calling (301) 815-6610. The Trustee's intern▇▇ ▇▇▇▇▇▇▇ ▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r the fax-on-demand service can be obtained by calling the Trustee's customer service desk at (301) 815-6600. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ 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 Trustee shall have the right no liability with respect to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible information with respect to the above parties and Mortgage Loans provided by the Servicer. In determining whether a breach of a representation or warranty relating to the Mortgage Loans is material or whether a breach of a transaction covenant or representation or warranty is material for purposes of subclause (xxxi) above, the Trustee shall provide timely may consult with the Depositor and adequate notification to all above parties regarding any such changesrely on the Depositor’s determination of materiality. In the case of information furnished pursuant to subclauses (i), (ii) through and (iiixiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. The Trustee will also make available copies of the periodic reports the Trustee prepares and files with the Commission, including distribution reports on Form 10-D, annual reports on Form 10-K, current reports on Form 8-K and amendments to these reports available through w▇▇.▇▇▇▇▇▇▇.▇▇▇ promptly (but no later than one Business Day) after the Trustee has filed such reports with the Commission.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, shall furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i), (ii), (xiv) through and (iiixvi) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward to the Class R Certificateholders each Residual Certificateholder a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders each Residual Certificateholder by the Trustee pursuant to any requirements of the Code as from time to time in force.
(d) For all purposes of this Agreement including, but not limited to, providing the information set forth in clause (viii) of Section 4.06(a), with respect to any Mortgage Loan, delinquencies shall be determined and reported based on the so-called “OTS” methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be one payment delinquent with respect to a Monthly Payment due on a Due Date if such Monthly Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be two payments delinquent with respect to such Monthly Payment if such Monthly Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that this delinquency recognition policy is its current policy and is not less restrictive than any delinquency recognition policy established by the primary safety and soundness regulator, if any, of the Servicer.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (ABFC 2006-Opt2 Trust)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master ServicerServicer pursuant to Sections 3.19 and 4.04, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution DateDate which shall include the following information:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount (if any) and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount (if any) for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balanceStated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance Stated Principal Balance of all Subsequent Mortgage Loans added during the preceding Prepayment Funding Period;
(viii) the number and aggregate unpaid principal balance Stated Principal Balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property[Reserved];
(x) the total number and cumulative principal balance Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized LossesLosses since the Closing Date and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each Class of Class A Certificates, the each Class of Mezzanine Certificates, the Class C B Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Net Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the each Class of Class A Certificates, each Class of Mezzanine Certificates and the Mezzanine Class B Certificates, if any, for 110 such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date Date, Sequential Trigger Event or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the each Class of Class A Certificates, each Class of Mezzanine Certificates, the Mezzanine Class B Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class of Class A Certificates, each Class of Mezzanine Certificates and the Mezzanine Class B Certificates for the immediately succeeding Distribution Date; and
(xxiii) payments, if any, made under the Cap Contract;
(xxiiixxiv) the amount on deposit in the Pre-Funding Account, Accounts and the Interest Coverage Account and the Reserve Fund; andAccounts;
(xxivxxv) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Group I Pre-Funding Account and/or the Group II Pre-Funding Account that has not been used to purchase Subsequent Group I Mortgage Loans and/or Subsequent Group II Mortgage Loans, as applicable, and that is being distributed to the related Class A Certificates as a mandatory prepayment distribution of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand service. The Trustee's fax-on- demand service may initially to be accessed by calling (301) 815-6610. The Trustee's internlocated at "▇▇ ▇▇.▇▇▇▇▇▇▇ ▇.▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the Trustee's customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through and (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Statements. (a) On each Distribution Date, based, as applicable, on the Mortgage Loan information provided to it by contained in the Master ServicerRemittance Report, the Trustee shall prepare and make available post on its website at ▇▇▇.▇▇▇▇▇▇.▇▇▇/▇▇▇ and forward by mail to each Holder of the Regular Certificates, the Master Servicer Certificates and the Rating AgenciesGuarantor, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates)allocable to principal or reduction of Notional Amount, separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interestinterest or Class X Distributable Amount, separately identified, including the amount of any distribution from the LIBOR Carryover Reserve Account or the Class AF-1 Interest Rate Cap Account, as applicable;
(iii) the Overcollateralized Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Monthly Excess Overcollateralized Interest Amount for the Mortgage Pool and Monthly Excess Cashflow Amount for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returnsreturns by the Servicer during the related Collection Period and accrued and unpaid Special Servicing Fees;
(v) the aggregate amount of Advances for the related Due Collection Period;
(vi) the Pool Balance at the Close close of Business business at the end of the related Due Collection Period;
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDue Date;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays past due on a contractual basis, (2b) 60 to 89 days and past due on a contractual basis, (3c) 90 or more daysdays past due on a contractual basis, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close close of Business business on the last day of the calendar month preceding such Distribution Date and (D) REO PropertiesDate;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Periodcalendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties as of the Close close of Business business of the last day of the preceding Prepayment Collection Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of prepayment penalties collected (including amounts deposited in connection with the full or partial waiver of such prepayment penalties pursuant to Section 3.01) during the related Collection Period and the amounts thereof allocable to the Class N Certificates and the Class X Certificates;
(xiii) the aggregate amount of Realized Losses incurred during the related Prepayment Collection Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance Balance, or Notional Amount, as applicable, of the each Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions distributions, and allocations of Realized Losses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts;
(xv) the Monthly Accrued Certificate Interest Distributable Amount in respect of the each Class A Certificates, the Mezzanine Certificates, the Class C of Offered Certificates and the Class S B-3 Certificates for such Distribution Date Date, separately identifying the portions thereof attributable to LIBOR Carryover Amounts, and the Unpaid Interest Shortfall Amountrespective portions thereof, if any, with remaining unpaid following the distributions made in respect to the Class A Certificates, the Mezzanine of such Certificates and the Class C Certificates for on such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.263.23;
(xvii) the Credit Enhancement Percentage amount of the Trustee Fee paid;
(xviii) the LIBOR Carryover Amounts distributed on such Distribution Date and the amounts remaining after giving effect to distributions thereof on such Distribution Date;
(xix) any Overcollateralization Deficiency after giving effect to the distribution of Extra Principal Distribution Amount on such Distribution Date;
(xx) whether a Trigger Event has occurred and is continuing, and the cumulative Realized Losses, as a percentage of the original Pool Balance;
(xxi) the Available Funds for such Distribution Date;
(xviiixxii) the Net WAC rate at which interest accrues for each Class of Certificates for such Distribution Date;
(xxiii) the Liquidation Report for such Distribution Date;
(xxiv) the aggregate Principal Balance of Mortgage Loans purchased by the Servicer or Seller during the related Collection Period and indicating the Section of this Agreement requiring or allowing the purchase of each such Mortgage Loan;
(xxv) the aggregate Principal Balance of the Mortgage Loans repurchased by the Servicer (or an affiliate) during the related Collection Period in connection with Section 3.16;
(xxvi) the Guarantee Fee to be paid to the Guarantor with respect to the Guaranteed Certificates for such Distribution Date;
(xxvii) the Maximum Cap Rate for such Distribution Date;
(xxviii) the LIBOR Carryover Amount for the Class A Certificates and the Mezzanine CertificatesAmount, if any, for the Class AV-1 Certificates for such Distribution Date Date, and the amount of such Interest Carryover Amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xixA) any Overcollateralization Target Amount, Overcollateralized Amount the amount of payments received relating to claims under the PMI Policy during the related Prepayment Period (and Overcollateralization Deficiency Amount after giving effect the number of Mortgage Loans to which such payments related) and (B) the distribution cumulative amount of principal on payments received relating to claims under the PMI Policy since the Closing Date (and the number of Mortgage Loans to which such Distribution Datepayments related);
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxiA) the Available Funds;
dollar amount of claims made under the PMI Policy that were denied during the Prepayment Period (xxiiand the number of Mortgage Loans to which such denials related) and (B) the respective Pass-Through Rates applicable to dollar amount of the Class A Certificates, cumulative claims made under the Mezzanine Certificates PMI Policy that were denied since the Closing Date (and the Class C Certificates for number of Mortgage Loans to which such Distribution Date and the Pass- Through Rate applicable to the Class A Certificates and the Mezzanine Certificates for the immediately succeeding Distribution Date;
(xxiii) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and the Reserve Funddenials related); and
(xxivxxxi) for such other information as the distribution occurring on Guarantor may reasonable request in such format as reasonably requested by the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans Guarantor and any other information that is being distributed required by the Code and regulations thereunder to the Class A Certificates as a mandatory prepayment of principal, if any, on such Distribution Datebe made available to Certificateholders. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders may fully rely upon and the Rating Agencies via the Trustee's internet website and its fax-on-demand service. The Trustee's fax-on- demand service may be accessed by calling (301) 815-6610. The Trustee's intern▇▇ ▇▇▇▇▇▇▇ ▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r the fax-on-demand service can be obtained by calling the Trustee's customer service desk at (301) 815-6600. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ 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 Trustee shall have the right no liability with respect to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible information with respect to the above parties and Mortgage Loans provided by the Trustee shall provide timely and adequate notification to all above parties regarding any such changesServicer. In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, shall furnish to the Guarantor and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i), (ii), (xv) through and (iiixx) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward to the Class R Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Residual Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Residential Asset Funding Corp)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master ServicerServicer pursuant to Sections 3.19 and 4.04, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balanceStated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDate;
(viii) the number and aggregate unpaid principal balance Stated Principal Balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month Due Period preceding such Distribution Date and (D) REO Properties;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property[Reserved];
(x) the total number and cumulative principal balance Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period, the cumulative amount of Realized Losses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Realized LossesSubsequent Recoveries received since the Closing Date;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each Class of Class A Certificates, the each Class of Mezzanine Certificates, the each Class C of Class B Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Net Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the Class A Certificates, the Mezzanine Certificates and the Mezzanine Class B Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the each Class of Class A Certificates, the each Class of Mezzanine Certificates, each Class of Class B Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class of Class A Certificates, each Class of Mezzanine Certificates and the Mezzanine each Class of Class B Certificates for the immediately succeeding Distribution Date;; and
(xxiii) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and the Reserve Fund; and
(xxiv) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principalpayments, if any, on such Distribution Date. made under the Cap Contract; The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's ’s internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may ’s internet website shall initially be accessed by calling (301) 815-6610. The Trustee's intern▇▇ located at “h▇▇▇▇▇▇▇ ://▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ .▇▇▇ ▇.▇▇.▇▇▇/▇▇▇▇▇▇▇ ▇r ”. Assistance in using the fax-on-demand service website can be obtained by calling the Trustee's ’s customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through and (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through and (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Equifirst Mortgage Loan Trust 2005-1)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it the Trust Administrator by the Master Servicer (which in turn shall be based, as applicable, on information provided to the Master Servicer by the Servicer), the Trustee Trust Administrator shall prepare and make available to each Holder of the Regular Certificates, the Master Credit Risk Manager, the Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount fees and expenses of servicing compensation received by the Master Servicer with respect Trust Fund accrued and paid on such Distribution Date and to the related Due Period whom such fees and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returnsexpenses were paid;
(v) the aggregate amount of Advances for the related Due PeriodPeriod (including the general purpose of such Advances);
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balanceStated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance Stated Principal Balance of all Subsequent Mortgage Loans added during the preceding Prepayment Funding Period;
(viii) the number and aggregate unpaid principal balance Stated Principal Balance of Mortgage Loans (not including a Liquidated Mortgage Loan as of the end of the Prepayment Period) that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) using the OTS Method (as described below) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefrom;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) the total number and cumulative principal balance Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the calendar month preceding Prepayment Periodthe related Distribution Date;
(xix) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part;
(xiixi) the aggregate amount of Realized Losses incurred during the related Prepayment Period, which will include the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the aggregate amount of Realized Losses incurred since the Closing Date, which will include the cumulative amount of Realized LossesSubsequent Recoveries received since the Closing Date;
(xiiixii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date;
(xivxiii) the Certificate Principal Balance of the each Class A Certificates, the Mezzanine of Floating Rate Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, before and after giving effect to the distributions made on such Distribution Date;
(xvxiv) the Monthly Interest Distributable Amount in respect of the Class A Certificates, the Mezzanine Certificates, the Class C Floating Rate Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Floating Rate Certificates for such Distribution Date;
(xvixv) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.263.24;
(xviixvi) the Credit Enhancement Percentage for such Distribution Date;
(xviiixvii) the Net WAC Rate Carryover Amount for the Class A Certificates and the Mezzanine Floating Rate Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xixxviii) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when whether the Stepdown Date or a Trigger Event has occurred, the Delinquency Percentage for such Distribution Date and the Realized Loss Percentage for such Distribution Date;
(xxixix) the Available Fundstotal cashflows received and the general sources thereof (including amounts received from the Supplemental Interest Trust Trustee under the Interest Rate Swap Agreement, from the Cap Trustee under the Interest Rate Cap Agreement and under the Basis Risk Cap Agreement);
(xxiixx) the respective Pass-Through Rates applicable to the Class A Certificates, the Mezzanine Floating Rate Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the Class A Certificates and the Mezzanine Floating Rate Certificates for the immediately succeeding Distribution Date;
(xxi) the amount of any Net Swap Payments or Swap Termination Payments paid to the Swap Provider;
(xxii) the applicable Record Date, Accrual Period and any other applicable determination dates for calculating distributions for such Distribution Date;
(xxiii) the amount on deposit in the Pre-Funding Account, Account and the Interest Coverage Account and the Reserve FundAccount; and
(xxiv) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment distribution of principal, if any, on such Distribution Date. The Trustee Trust Administrator will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders Certificateholders, the Master Servicer, the Servicer, the Depositor and the Rating Agencies via the Trustee's Trust Administrator’s internet website. The Trust Administrator’s internet website and its fax-on-demand service. The Trustee's fax-on- demand service may shall initially be accessed by calling (301) 815-6610. The Trustee's internlocated at “w▇▇ ▇.▇▇▇▇▇▇▇ ▇.▇▇▇ll initially be located at "www.ctslink.com"”. Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the Trustee's Trust Administrator’s customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ 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 Trustee Trust Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee Trust Administrator shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access the Trust Administrator’s internet website, the Trust Administrator may require registration and the acceptance of a disclaimer. The Trust Administrator will not be liable for the dissemination of information in accordance with this Agreement. The Trust Administrator shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the distribution date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through and (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trust Administrator from information provided by the Servicer and reported by the Trust Administrator based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Monthly Payment due on a Due Date if such Monthly Payment is not made by the close of business on the Mortgage Loan's next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Monthly Payment if such Monthly Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. In addition, on each Distribution Date, based, as applicable, on information provided to the Trust Administrator by the Master Servicer (which in turn shall be based, as applicable, on information provided to the Master Servicer by the Servicer), the Trust Administrator shall prepare and make available information, separated for each Originator, regarding the performance of the Mortgage Loans, including, but not limited to, information regarding delinquency, loss and prepayment experience of the Mortgage Loans.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee Trust Administrator shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through and (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee Trust Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee Trust Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee Trust Administrator shall forward make available to the Class R Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee Trust Administrator deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee Trust Administrator shall deliver to each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee Trust Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee Trust Administrator pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Soundview Home Loan Trust 2006-3)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS Insurer, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment Period;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property[reserved];
(x) the total number and cumulative principal balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the Class A Certificates, the Mezzanine Class S Certificates, the Class C Mezzanine Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Class S Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the Class A Certificates, the Class S Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;; 97
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass- Through Rate applicable to the Class A Certificates and the Mezzanine Certificates for the immediately succeeding Distribution Date;
(xxiii) (A) the amount of payments received related to claims under the PMI Policy during the related Prepayment Period (and the number of Mortgage Loans to which such payments related) and (B) the cumulative amount of payments received related to claims under the PMI Policy since the Closing Date (and the number of Mortgage Loans to which such payments related);
(A) the dollar amount of claims made under the PMI Policy that were denied during the Prepayment Period (and the number of Mortgage Loans to which such denials related) and (B) the dollar amount of the cumulative claims made under the PMI Policy that were denied since the Closing Date (and the number of Mortgage Loans to which such denials related);
(xxv) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and the Net WAC Rate Carryover Reserve FundAccount; and
(xxivxxvi) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders Certificateholders, the NIMS Insurer and the Rating Agencies via the Trustee's internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may internet website shall initially be accessed by calling (301) 815-6610. The Trustee's internlocated at "▇▇ ▇▇.▇▇▇▇▇▇▇ ▇.▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the Trustee's customer service desk at (301) 815-6600. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access the Trustee's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. 98 The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the distribution date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward to the NIMS Insurer and the Class R Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer and each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Option One Mortgage Loan Tr Asset Backed Cert Ser 2002-2)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMs Insurer, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment Period;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) 91
(1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property[reserved];
(x) the total number and cumulative principal balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the Class A Certificates, the Mezzanine Certificates, the Class C Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the Class A Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass- Through Rate applicable to the Class A Certificates and the Mezzanine Certificates for the immediately succeeding Distribution Date;
(xxiii) (A) the amount of payments received related to claims under the PMI Policy during the related Prepayment Period (and the number of Mortgage Loans to which such payments related) and (B) the cumulative amount of payments received related to claims under the PMI Policy since the Closing Date (and the number of Mortgage Loans to which such payments related);
(A) the dollar amount of claims made under the PMI Policy that were denied during the Prepayment Period (and the number of Mortgage Loans to which such denials related) and (B) the dollar amount of the cumulative claims made under the PMI Policy that were denied since the Closing Date (and the number of Mortgage Loans to which such denials related);
(xxv) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and the Reserve Fund; and
(xxivxxvi) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders Certificateholders, the NIMs Insurer and the Rating Agencies via the Trustee's internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may be accessed by calling (301) 815-6610. The Trustee's intern▇▇ ▇▇▇▇▇▇▇ ▇▇▇ll internet website shall initially be located at "www.ctslink.com". Assistance in usinusi▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r the fax-on-demand service can be obtained by calling the Trustee's customer service desk at (301) 815-6600. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMs Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward to the NIMs Insurer and the Class R Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMs Insurer and each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Option One Mort Ln Trust Asset Back Certs Ser 2001-3)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it the Trust Administrator by the Master Servicer (which in turn shall be based, as applicable, on information provided to the Master Servicer by the Servicer), the Trustee Trust Administrator shall prepare and make available to each Holder of the Regular Certificates, the Master Credit Risk Manager, the Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount fees and expenses of servicing compensation received by the Master Servicer with respect Trust Fund accrued and paid on such Distribution Date and to the related Due Period whom such fees and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returnsexpenses were paid;
(v) the aggregate amount of Advances for the related Due PeriodPeriod (including the general purpose of such Advances);
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balanceStated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDate;
(viii) the number and aggregate unpaid principal balance Stated Principal Balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) using the OTS Method (as described below) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefrom;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) the total number and cumulative principal balance Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the calendar month preceding Prepayment Periodthe related Distribution Date;
(xix) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part;
(xiixi) the aggregate amount of Realized Losses incurred during the related Prepayment Period, which will include the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the aggregate amount of Realized Losses incurred since the Closing Date, which will include the cumulative amount of Realized LossesSubsequent Recoveries received since the Closing Date;
(xiiixii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date;
(xivxiii) the Certificate Principal Balance of the each Class A Certificates, the Mezzanine of Floating Rate Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, before and after giving effect to the distributions made on such Distribution Date;
(xvxiv) the Monthly Interest Distributable Amount in respect of the Class A Fixed Rate Certificates, the Mezzanine Certificates, the Class C Floating Rate Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Fixed Rate Certificates and the Class C Floating Rate Certificates for such Distribution Date;
(xvixv) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.263.24;
(xviixvi) the Senior Credit Enhancement Percentage and the Class M-1 Credit Enhancement Percentage for such Distribution Date;
(xviiixvii) the Net WAC Rate Carryover Amount for the Class A Fixed Rate Certificates and the Mezzanine Floating Rate Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xixxviii) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when whether the Stepdown Date or a Trigger Event has occurred, the Delinquency Percentage for such Distribution Date and the Realized Loss Percentage for such Distribution Date;
(xxixix) the Available Fundstotal cashflows received and the general sources thereof;
(xxiixx) the respective Pass-Through Rates applicable to the Class A Fixed Rate Certificates, the Mezzanine Floating Rate Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the Class A Fixed Rate Certificates and the Mezzanine Floating Rate Certificates for the immediately succeeding Distribution Date;
(xxiiixxi) payments, if any, made under the Cap Contract and the amount distributed to each Class of Certificates from payments made under the Cap Contract;
(xxii) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and the Reserve Fundof any Net Swap Payments or Swap Termination Payments; and
(xxivxxiii) the applicable Record Date, Accrual Period and any other applicable determination dates for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on calculating distributions for such Distribution Date. The Trustee Trust Administrator will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders Certificateholders, the Master Servicer, the Servicer, the Depositor and the Rating Agencies via the Trustee's Trust Administrator’s internet website. The Trust Administrator’s internet website and its fax-on-demand service. The Trustee's fax-on- demand service may shall initially be accessed by calling (301) 815-6610. The Trustee's internlocated at “▇▇ ▇▇.▇▇▇▇▇▇▇ ▇.▇▇▇ll initially be located at "www.ctslink.com"”. Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the Trustee's Trust Administrator’s customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ 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 Trustee Trust Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee Trust Administrator shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access the Trust Administrator’s internet website, the Trust Administrator may require registration and the acceptance of a disclaimer. The Trust Administrator will not be liable for the dissemination of information in accordance with this Agreement. The Trust Administrator shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the distribution date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through and (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. In addition, on each Distribution Date, based, as applicable, on information provided to the Trust Administrator by the Master Servicer (which in turn shall be based, as applicable, on information provided to the Master Servicer by the Servicer), the Trust Administrator shall prepare and make available information, separated for the Originator, regarding the performance of the Mortgage Loans, including, but not limited to, information regarding delinquency, loss and prepayment experience of the Mortgage Loans. For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined and reported based on the “OTS” methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be Delinquent with respect to a Monthly Payment due on a Due Date if such Monthly Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Monthly Payment if such Monthly Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that this delinquency recognition policy is not less restrictive than any delinquency recognition policy established by the primary safety and soundness regulator, if any, of the Servicer. Once each calendar month, the Trust Administrator shall supply an electronic tape to Bloomberg Financial Markets, Inc. in a format acceptable to Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to Loan Performance and Intex Solutions in a format acceptable to Loan Performance and Intex Solutions on a monthly basis.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee Trust Administrator shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through and (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee Trust Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee Trust Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee Trust Administrator shall forward make available to the Class R NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee Trust Administrator deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee Trust Administrator shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee Trust Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee Trust Administrator pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Fremont Home Loan Trust 2006-2)
Statements. (a) On each Distribution Date, based, as applicable, based on the Mortgage Loan information provided to it by contained in the Master ServicerRemittance Report, the Trustee Securities Administrator shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencieson its website at www.ctslink.com, a statement (the "Distribution Date Statement") as to the distributions ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ns made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates)allocable to principal, separately identified, allocable to principal identified and the amount of the distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to from Prepayment Charges Penalties, Originator Prepayment Penalty Payment Amounts and Master Servicer Prepayment Charge Penalty Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interestinterest or Class CE Distributable Amount, separately identified;
(iii) the Overcollateralized Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Targeted Overcollateralization Target Amount as of such Distribution Date and the Monthly Excess Overcollateralized Interest Amount for the Mortgage Pool and Monthly Excess Cashflow Amount for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to during the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returnsCollection Period;
(v) the aggregate amount of Advances for the related Due Collection Period, cumulative unreimbursed Advances and Servicing Advances and cumulative Nonrecoverable Advances;
(vi) the Pool Balance Balance, at the Close close of Business business at the end of the related Due Collection Period;
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDue Date;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays past due on a contractual basis, (2b) 60 to 89 days and past due on a contractual basis, (3c) 90 or more daysdays past due on a contractual basis, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close close of Business business on the last day of the calendar month preceding such Distribution Date and (D) REO PropertiesDate;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Periodcalendar month, the loan number of such Mortgage Loan, the unpaid principal balance of the REO Property as of the close of business on the last Business Day of such calendar month and the Principal Balance principal balance of such Mortgage Loan as of the date it became an REO Property;
(x) the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties as of the Close close of Business business of the last day of the preceding Prepayment Collection Period;
(xi) separately stated for each Loan Group, the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) separately stated for each Loan Group, the aggregate amount of Realized Losses incurred during the related Prepayment Collection Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the each Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions, and allocations of Realized Losses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts;
(xiv) the Accrued Certificate Interest in respect of each Class of Certificates for such Distribution Date and any related Cap Carryover Amounts, and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the Class A Certificates, the Mezzanine Certificates, the Class C Certificates and the Class S Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls and of any Compensating Interest for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.263.23;
(xvi) the Interest Percentage for each Class of Certificates, the amount of any Current Interest Shortfall and the amount of the distribution made to each Class of Certificates pursuant to Section 4.02(f) for such Distribution Date;
(xvii) the Credit Enhancement Percentage for Cap Carryover Amounts distributed on such Distribution Date, the amounts remaining after giving effect to distributions thereof on such Distribution Date and the amount of all Cap Carryover Amounts covered by withdrawals from the Reserve Account on such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the Class A Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xxxix) when the Stepdown Date or whether a Trigger Event has occurredoccurred and is continuing, and the cumulative Realized Losses, as a percentage of the original Pool Balance;
(xxixx) the Available Funds;
(xxiixxi) the respective Pass-Through Rates applicable to the Rate for each Class A Certificates, the Mezzanine Certificates and the Class C of Certificates for such Distribution Date and Date;
(xxii) the Pass- Through Rate applicable to information contained in the Class A Certificates and the Mezzanine Certificates Liquidation Report for the immediately succeeding such Distribution Date;
(xxiii) the aggregate Principal Balance of Mortgage Loans purchased by the Servicer or the Depositor during the related Prepayment Period and indicating the section of this Agreement requiring or allowing the purchase of each such Mortgage Loan;
(xxiv) the aggregate Principal Balance of the Mortgage Loans repurchased by the Depositor during the related Prepayment Period in connection with Section 3.16;
(xxv) the amount on deposit of the Credit Risk Manager Fee paid;
(xxvi) the Mortgage Loan identifying number of each Mortgage Loan with a Prepayment Penalty that was the subject of a Principal Prepayment in full during the Pre-Funding Accountrelated Collection Period, the Interest Coverage Account Prepayment Penalty listed on each related Mortgage Note and the Reserve FundPrepayment Penalty collected, and the Servicer Prepayment Penalty Payment Amount and the Originator Prepayment Penalty Payment Amount paid with respect to each such Mortgage Loan;
(xxvii) the amount of any Yield Maintenance Agreement Payments for such Distribution Date; and
(xxivxxviii) for the distribution occurring on the Distribution Date immediately following the end amount of Subsequent Recoveries received during the related Funding Prepayment Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand service. The Trustee's fax-on- demand service may be accessed by calling (301) 815-6610. The Trustee's intern▇▇ ▇▇▇▇▇▇▇ ▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service Securities Administrator's website can be obtained by calling the TrusteeSecurities Administrator's customer service desk at (301) 815-6600. Parties that are unaThe Securities Administrator shall provide such informa▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇ ▇▇s that are unable to use the above distribution options are entitled to have a paper copy mailed option by mailing to them via first class mail a paper copy of the Distribution Date Statement, upon request of any such party made by calling the customer service desk and indicating such. The Trustee Securities Administrator shall have the right to change the way such statements reports are distributed in order to make such distribution more convenient and/or more accessible to the above parties parties, and the Trustee Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changeschange. The Securities Administrator may fully rely upon and shall have no liability with respect to information with respect to the Mortgage Loans provided by the Servicer. In the case of information furnished pursuant to subclauses (i), (ii) through and (iiixiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Closing Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, Securities Administrator shall furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i), (ii), (xiv) through and (iiixvii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee Securities Administrator shall forward to the Class R Residual Certificateholders a copy of the reports forwarded to the holder of any Regular Certificateholders Certificate in respect of such Distribution Date with such other information as the Trustee Securities Administrator deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Residual Certificateholders by the Trustee Securities Administrator pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Wells Fargo Home Equity Asset-Backed Securities 2005-4 Trust)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master ServicerServicer pursuant to Sections 3.19 and 4.04, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balanceStated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance Stated Principal Balance of all Subsequent Mortgage Loans added during the preceding Prepayment Funding Period;
(viii) the number and aggregate unpaid principal balance Stated Principal Balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property[Reserved];
(x) the total number and cumulative principal balance Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period, the cumulative amount of Realized Losses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Realized LossesSubsequent Recoveries received since the Closing Date;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each Class of Class A Certificates, the each Class of Mezzanine Certificates, the each Class C of Class B Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Net Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the Class A Certificates, the Mezzanine Certificates and the Mezzanine Class B Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the each Class of Class A Certificates, the each Class of Mezzanine Certificates, each Class of Class B Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class of Class A Certificates and each Class of Mezzanine Certificates and the Mezzanine Class B Certificates for the immediately succeeding Distribution Date;
(xxiii) payments, if any, made under the Cap Contract;
(xxiv) the amount on deposit in the Pre-Funding Account, Accounts and the Interest Coverage Account and the Reserve FundAccounts; and
(xxivxxv) for the distribution distributions occurring on the Distribution Date immediately Dates in the month following the end of the related Funding Period, the balance on deposit in each of the Pre-Funding Account that has Accounts (exclusive of any investment income therein) not been used to purchase Subsequent Mortgage Loans and that is being distributed to the related Class A Certificates as a mandatory prepayment distribution of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may internet website shall initially be accessed by calling (301) 815-6610. The Trustee's intern▇▇ located at "▇▇▇▇▇▇▇ ://▇▇▇ll initially be located at "www.ctslink.com.▇▇▇.▇▇.▇▇▇/invr". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the Trustee's customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through and (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Meritage Mortgage Loan Trust 2005-2)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the 112 Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balanceStated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance Stated Principal Balance of all Subsequent Mortgage Loans added during the preceding Prepayment Funding Period;
(viii) the number and aggregate unpaid principal balance Stated Principal Balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefrom;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property[reserved];
(x) the total number and cumulative principal balance Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized LossesLosses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the each Class A Certificates, the Mezzanine of Adjustable-Rate Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each Class A Certificates, the Mezzanine Certificates, the Class C of Adjustable-Rate Certificates and the Class S C Certificates for such Distribution Date and 113 the Unpaid Interest Shortfall Amount, if any, with respect to the each Class A Certificates, the Mezzanine of Adjustable-Rate Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.263.24;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the each Class A Certificates and the Mezzanine of Adjustable-Rate Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the each Class A Certificates, the Mezzanine of Adjustable-Rate Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class A Certificates and the Mezzanine of Adjustable-Rate Certificates for the immediately succeeding Distribution Date;
(xxiii) payments, if any, made under the Cap Contract;
(xxiv) the amount on deposit in the Pre-Funding Account, Accounts and the Interest Coverage Account and the Reserve FundAccounts; and
(xxivxxv) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Group I Pre-Funding Account and/or the Group II Pre-Funding Account that has not been used to purchase Subsequent Group I Mortgage Loans and/or Subsequent Group II Mortgage Loans, as applicable, and that is being distributed to the related Class A Certificates as a mandatory prepayment distribution of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may internet website shall initially be accessed by calling (301) 815-6610. The Trustee's intern▇▇ located at "▇▇▇▇▇▇▇ ://▇▇▇ll initially be located at "www.ctslink.com.▇▇▇.▇▇.▇▇▇/invr". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the Trustee's customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through and (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2004-Ffh4)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master NIMS Insurer, the Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balanceStated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance Stated Principal Balance of all Subsequent Mortgage Loans added during the preceding Prepayment Funding Period;
(viii) the number and aggregate unpaid principal balance Stated Principal Balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefrom;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property[reserved];
(x) the total number and cumulative principal balance Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized LossesLosses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the each Class A Certificates, the Mezzanine of Adjustable-Rate Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each Class A Certificates, the Mezzanine Certificates, the Class C of Adjustable-Rate Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the each Class A Certificates, the Mezzanine of Adjustable-Rate Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.263.24;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the each Class A Certificates and the Mezzanine of Adjustable-Rate Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the each Class A Certificates, the Mezzanine of Adjustable-Rate Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class A Certificates and the Mezzanine of Adjustable-Rate Certificates for the immediately succeeding Distribution Date;
(xxiii) payments, if any, made under the Cap Contract;
(xxiv) the amount of any Net Swap Payments or Swap Termination Payments;
(xxv) the amount on deposit in the Pre-Funding Account, Accounts and the Interest Coverage Account and the Reserve FundAccounts; and
(xxivxxvi) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Group I Pre-Funding Account and/or the Group II Pre-Funding Account that has not been used to purchase Subsequent Group I Mortgage Loans and/or Subsequent Group II Mortgage Loans, as applicable, and that is being distributed to the related Class A Certificates as a mandatory prepayment distribution of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders Certificateholders, the NIMS Insurer, the Credit Risk Manager and the Rating Agencies via the Trustee's ’s internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may ’s internet website shall initially be accessed by calling (301) 815-6610. The Trustee's internlocated at “ht▇▇ ▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇▇▇▇▇▇▇ ▇▇▇ll initially be located at "www.ctslink.com"”. Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the Trustee's ’s customer service desk at (3018▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through and (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2005-Ffh4)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master NIMS Insurer, the Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount and the Senior Credit Enhancement Percentage as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount fees and expenses of servicing compensation received by the Master Servicer with respect Trust Fund accrued and paid on such Distribution Date and to the related Due Period whom such fees and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returnsexpenses were paid;
(v) the aggregate amount of Advances for the related Due PeriodPeriod (including the general purpose of such Advances);
(vi) the Pool aggregate Principal Balance at of the Close Mortgage Loans and any REO Properties as of Business at the end of the related Due Period;
(vii) the number, aggregate principal balanceStated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDate;
(viii) the number and aggregate unpaid principal balance Stated Principal Balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) using the OTS Method (as described below) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefrom;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) the total number and cumulative principal balance Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the calendar month preceding Prepayment Periodthe related Distribution Date;
(xix) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part;
(xiixi) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized LossesLosses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date;
(xiiixii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date;
(xiii) the Certificate Principal Balance of each Class of Floating Rate Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, made on such Distribution Date;
(xiv) the Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each Class A Certificates, the Mezzanine Certificates, the Class C of Floating Rate Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the each Class A Certificates, the Mezzanine of Floating Rate Certificates and the Class C Certificates for such Distribution Date;
(xvixv) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.263.24;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviiixvi) the Net WAC Rate Carryover Amount for the each Class A Certificates and the Mezzanine of Floating Rate Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xixxvii) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when whether the Stepdown Date or a Trigger Event has occurred, the Delinquency Percentage for such Distribution Date and the Realized Loss Percentage for such Distribution Date;
(xxixviii) the Available Fundstotal cashflows received and the general sources thereof (including amounts received from the Supplemental Interest Trust Trustee under the Interest Rate Swap Agreement, from the Cap Trustee under the Interest Rate Cap Agreement and from the Trustee under the Basis Risk Cap Agreement);
(xxiixix) the respective Pass-Through Rates applicable to the each Class A Certificates, the Mezzanine of Floating Rate Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class A Certificates and the Mezzanine of Floating Rate Certificates for the immediately succeeding Distribution Date;
(xxiiixx) the amount on deposit in of any Net Swap Payments or Swap Termination Payments paid to the Pre-Funding Account, the Interest Coverage Account and the Reserve FundSwap Provider; and
(xxivxxi) the applicable Record Dates, Accrual Periods and Determination Dates for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on calculating distributions for such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders Certificateholders, the NIMS Insurer, the Credit Risk Manager and the Rating Agencies via the Trustee's ’s internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may ’s internet website shall initially be accessed by calling (301) 815-6610. The Trustee's intern▇▇ located at “▇▇▇▇▇▇▇ ://▇▇▇ll initially be located at "www.ctslink.com".▇▇▇.▇▇.▇▇▇/invr”. Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the Trustee's ’s customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through and (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the “OTS” methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be Delinquent with respect to a Monthly Payment due on a Due Date if such Monthly Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Monthly Payment if such Monthly Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that this delinquency recognition policy is not less restrictive than any delinquency recognition policy established by the primary safety and soundness regulator, if any, of the Servicer.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through and (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2006-Ff16)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balanceStated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDate;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefrom;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property[reserved];
(x) the total number and cumulative principal balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized LossesLosses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the each Class A Certificates, the Mezzanine of Floating Rate Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each Class A Certificates, the Mezzanine Certificates, the Class C of Floating Rate Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the each Class A Certificates, the Mezzanine of Floating Rate Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the each Class A Certificates and the Mezzanine of Floating Rate Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the each Class A Certificates, the Mezzanine of Floating Rate Certificates and the Class C Certificates for such Distribution Date and the Pass- 121 Through Rate applicable to the each Class A Certificates and the Mezzanine of Floating Rate Certificates for the immediately succeeding Distribution Date;; and
(xxiii) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and the Reserve Fund; and
(xxiv) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principalpayments, if any, on such Distribution Datemade under the Cap Contract. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may internet website shall initially be accessed by calling (301) 815-6610. The Trustee's internlocated at "h▇▇ ▇▇▇://▇▇▇.▇▇▇▇▇▇▇ ▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r ▇.▇▇.▇▇▇/▇▇▇▇". Assistance in using the fax-on-demand service website can be obtained by calling the Trustee's customer service desk at (301800) 815735-66007777. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Fremont Home Loan Trust 2004-2)
Statements. (a) On each Distribution Date, based, as applicable, based on the Mortgage Loan information provided to it by contained in the Master ServicerRemittance Report, the Trustee Securities Administrator shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencieson its website at www.ctslink.com, a statement (the "Distribution Date Statement") as to the distributions ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ns made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates)allocable to principal, separately identified, allocable to principal identified and the amount of the distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to from Prepayment Charges Penalties, Originator Prepayment Penalty Payment Amounts and Master Servicer Prepayment Charge Penalty Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interestinterest or Class CE Distributable Amount, separately identified;
(iii) the Overcollateralized Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Targeted Overcollateralization Target Amount as of such Distribution Date and the Monthly Excess Overcollateralized Interest Amount for the Mortgage Pool and Monthly Excess Cashflow Amount for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to during the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returnsCollection Period;
(v) the aggregate amount of Advances for the related Due Collection Period, cumulative unreimbursed Advances and Servicing Advances and cumulative Nonrecoverable Advances;
(vi) the Pool Balance Balance, at the Close close of Business business at the end of the related Due Collection Period;
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDue Date;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays past due on a contractual basis, (2b) 60 to 89 days and past due on a contractual basis, (3c) 90 or more daysdays past due on a contractual basis, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close close of Business business on the last day of the calendar month preceding such Distribution Date and (D) REO PropertiesDate;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Periodcalendar month, the loan number of such Mortgage Loan, the unpaid principal balance Principal Balance of the REO Property as of the close of business on the last Business Day of such calendar month and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties as of the Close close of Business business of the last day of the preceding Prepayment Collection Period;
(xi) separately stated for each Loan Group, the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) separately stated for each Loan Group, the aggregate amount of Realized Losses incurred during the related Prepayment Collection Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the each Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions, and allocations of Realized Losses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts;
(xiv) the Accrued Certificate Interest in respect of each Class of Certificates for such Distribution Date and any related Cap Carryover Amounts, and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the Class A Certificates, the Mezzanine Certificates, the Class C Certificates and the Class S Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls and of any Compensating Interest for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.263.23;
(xvi) the Interest Percentage for each Class of Certificates, the amount of any Current Interest Shortfall and the amount of the distribution made to each Class of Certificates pursuant to Section 4.02(e) for such Distribution Date;
(xvii) the Credit Enhancement Percentage for Cap Carryover Amounts distributed on such Distribution Date, the amounts remaining after giving effect to distributions thereof on such Distribution Date and the amount of all Cap Carryover Amounts covered by withdrawals from the Reserve Account on such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the Class A Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xxxix) when the Stepdown Date or whether a Trigger Event has occurredoccurred and is continuing, and the cumulative Realized Losses, as a percentage of the original Pool Balance;
(xxixx) the Available Funds;
(xxiixxi) the respective Pass-Through Rates applicable to the Rate for each Class A Certificates, the Mezzanine Certificates and the Class C of Certificates for such Distribution Date and Date;
(xxii) the Pass- Through Rate applicable to information contained in the Class A Certificates and the Mezzanine Certificates Liquidation Report for the immediately succeeding such Distribution Date;
(xxiii) the aggregate Principal Balance of Mortgage Loans purchased by the Servicer or the Depositor during the related Prepayment Period and indicating the section of this Agreement requiring or allowing the purchase of each such Mortgage Loan;
(xxiv) the aggregate Principal Balance of the Mortgage Loans repurchased by the Depositor during the related Prepayment Period in connection with Section 3.16;
(xxv) the amount on deposit of the Credit Risk Manager Fee paid;
(xxvi) the Mortgage Loan identifying number of each Mortgage Loan with a Prepayment Penalty that was the subject of a Principal Prepayment in full during the Pre-Funding Accountrelated Collection Period, the Interest Coverage Account Prepayment Penalty listed on each related Mortgage Note and the Reserve FundPrepayment Penalty collected, and the Servicer Prepayment Penalty Payment Amount and the Originator Prepayment Penalty Payment Amount paid with respect to each such Mortgage Loan;
(xxvii) the amount of any Yield Maintenance Agreement Payments for such Distribution Date; and
(xxivxxviii) for the distribution occurring on the Distribution Date immediately following the end amount of Subsequent Recoveries received during the related Funding Prepayment Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand service. The Trustee's fax-on- demand service may be accessed by calling (301) 815-6610. The Trustee's intern▇▇ ▇▇▇▇▇▇▇ ▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service Securities Administrator's website can be obtained by calling the TrusteeSecurities Administrator's customer service desk at (301) 815-6600. Parties that are unaThe Securities Administrator shall provide such informa▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇ ▇▇s that are unable to use the above distribution options are entitled to have a paper copy mailed option by mailing to them via first class mail a paper copy of the Distribution Date Statement, upon request of any such party made by calling the customer service desk and indicating such. The Trustee Securities Administrator shall have the right to change the way such statements reports are distributed in order to make such distribution more convenient and/or more accessible to the above parties parties, and the Trustee Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changeschange. The Securities Administrator may fully rely upon and shall have no liability with respect to information with respect to the Mortgage Loans provided by the Servicer. In the case of information furnished pursuant to subclauses (i), (ii) through and (iiixiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Closing Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, Securities Administrator shall furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i), (ii), (xiv) through and (iiixvii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee Securities Administrator shall forward to the Class R Residual Certificateholders a copy of the reports forwarded to the holder of any Regular Certificateholders Certificate in respect of such Distribution Date with such other information as the Trustee Securities Administrator deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Residual Certificateholders by the Trustee Securities Administrator pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Wells Fargo Home Equity Asset-Backed Securities 2005-2 Trust)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master ServicerServicer pursuant to Sections 3.19 and 4.04, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution DateDate which shall include the following information:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;; 115
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount (if any) and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount (if any) for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balanceStated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance Stated Principal Balance of all Subsequent Mortgage Loans added during the preceding Prepayment Funding Period;
(viii) the number and aggregate unpaid principal balance Stated Principal Balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property[Reserved];
(x) the total number and cumulative principal balance Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized LossesLosses since the Closing Date and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each Class of Class A Certificates, the each Class of Mezzanine Certificates, the Class C B Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Net Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the each Class of Class A Certificates, each Class of Mezzanine Certificates and the Mezzanine Class B Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the each Class of Class A Certificates, each Class of Mezzanine Certificates, the Mezzanine Class B Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class of Class A Certificates, each Class of Mezzanine Certificates and the Mezzanine Class B Certificates for the immediately succeeding Distribution Date; and
(xxiii) payments, if any, made under the Cap Contract;
(xxiiixxiv) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and the Reserve FundAccounts; and
(xxivxxv) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Group I Pre-Funding Account and/or the Group II Pre-Funding Account that has not been used to purchase Subsequent Group I Mortgage Loans and/or Subsequent Group II Mortgage Loans, as applicable, and that is being distributed to the related Class A Certificates as a mandatory prepayment distribution of principal, if any, on such Distribution Date. 117 The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand service. The Trustee's fax-on- demand service may initially to be accessed by calling (301) 815-6610. The Trustee's internlocated at "▇▇ ▇▇.▇▇▇▇▇▇▇ ▇.▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the Trustee's customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2004-Ffh2)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master NIMS Insurer, the Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balanceStated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDate;
(viii) the number and aggregate unpaid principal balance Stated Principal Balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefrom;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property[reserved];
(x) the total number and cumulative principal balance Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized LossesLosses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the each Class A Certificates, the Mezzanine of Floating Rate Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each Class A Certificates, the Mezzanine Certificates, the Class C of Floating Rate Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the each Class A Certificates, the Mezzanine of Floating Rate Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.263.24;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the each Class A Certificates and the Mezzanine of Floating Rate Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the each Class A Certificates, the Mezzanine of Floating Rate Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class A Certificates and the Mezzanine of Floating Rate Certificates for the immediately succeeding Distribution Date;
(xxiii) payments, if any, made under the Cap Contract;
(xxiv) the amount on deposit in the Pre-Funding Account, Accounts and the Interest Coverage Account and the Reserve FundAccounts; and
(xxivxxv) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Group I Pre-Funding Account and/or the Group II Pre-Funding Account that has not been used to purchase Subsequent Group I Mortgage Loans and/or Subsequent Group II Mortgage Loans, as applicable, and that is being distributed to the related Class A Certificates as a mandatory prepayment distribution of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders Certificateholders, the NIMS Insurer, and the Rating Agencies via the Trustee's ’s internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may ’s internet website shall initially be accessed by calling (301) 815-6610. The Trustee's intern▇▇ located at “h▇▇▇▇▇▇▇ ://▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ .▇▇▇ ▇.▇▇.▇▇▇/▇▇▇▇▇▇▇ ▇r ”. Assistance in using the fax-on-demand service website can be obtained by calling the Trustee's ’s customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through and (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through and (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Greenpoint Mortgage Funding Trust 2005-Hy1)
Statements. (a) On each Distribution Date, based, as applicable, based on the Mortgage Loan information provided to it by contained in the Master ServicerRemittance Report, the Trustee Securities Administrator shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement (the "Distribution Date Statement") as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates)allocable to principal, separately identified, allocable to principal identified and the amount of the distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges Charges, Originator Prepayment Charge Payment Amounts and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interestinterest or Class CE Distributable Amount, separately identified;
(iii) the Overcollateralized Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Targeted Overcollateralization Target Amount as of such Distribution Date and the Monthly Excess Overcollateralized Interest Amount for the Mortgage Pool and Monthly Excess Cashflow Amount for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to Servicers during the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returnsCollection Period;
(v) the aggregate amount of Advances for the related Due Collection Period, cumulative unreimbursed Advances and Servicing Advances and cumulative nonrecoverable Advances;
(vi) the Pool Balance Balance, at the Close close of Business business at the end of the related Due Collection Period;
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDue Date;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays past due on a contractual basis, (2b) 60 to 89 days and past due on a contractual basis, (3c) 90 or more daysdays past due on a contractual basis, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close close of Business business on the last day of the calendar month preceding such Distribution Date and (D) REO PropertiesDate;
(ix) with respect to any the aggregate number of Mortgage Loan Loans that became an REO Property Properties during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance calendar month and the aggregate Principal Balance of such Mortgage Loan Loans (calculated as of the date it each such Mortgage Loan became an REO Property);
(x) the total number and cumulative principal balance of all REO Properties as of the Close close of Business business of the last day of the preceding Prepayment Collection Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Collection Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the each Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions, and allocations of Realized Losses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts;
(xiv) the Accrued Certificate Interest in respect of each Class of Certificates for such Distribution Date and any related Cap Carryover Amounts, and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the Class A Certificates, the Mezzanine Certificates, the Class C Certificates and the Class S Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer Servicers pursuant to Section 3.26the related Servicing Agreements;
(xviixvi) the Credit Enhancement Percentage for Cap Carryover Amounts distributed on such Distribution Date;
(xviii) , the Net WAC Rate amounts remaining after giving effect to distributions thereof on such Distribution Date, the amount of all Cap Carryover Amount for Amounts covered by withdrawals from the Class A Certificates Reserve Account and the Mezzanine Certificates, if any, for Class M Reserve Account on such Distribution Date and the amount remaining unpaid after reimbursements therefor distributed from the Class A Reserve Account and Class M Reserve Account on such Distribution DateDate to the Class CE Certificates;
(xixxvii) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xxxviii) when the Stepdown Date or whether a Trigger Event has occurredoccurred and is continuing, and the cumulative Realized Losses, as a percentage of the original Pool Balance;
(xxixix) the Available Funds;
(xxiixx) the respective Pass-Through Rates applicable to the rate at which interest accrues for each Class A Certificates, the Mezzanine Certificates and the Class C of Certificates for such Distribution Date and Date;
(xxi) the Pass- Through Rate applicable to the Class A Certificates and the Mezzanine Certificates aggregate amount of Net Liquidation Proceeds for the immediately succeeding Distribution Daterelated Collection Period;
(xxii) the aggregate Principal Balance of Mortgage Loans purchased by the Originators or the Seller during the related Prepayment Period and indicating the section of this Agreement requiring the purchase of each such Mortgage Loan;
(xxiii) the amount on deposit of the Credit Risk Manager Fee paid;
(xxiv) the number and aggregate Principal Balance of Mortgage Loans that were the subject of a Principal Prepayment in full during the Pre-Funding Accountrelated Prepayment Period, the Interest Coverage Account and aggregate Prepayment Charges collected, the Reserve FundServicer Prepayment Charge Payment Amounts paid by the Servicers or the Originator Prepayment Charge Payment Amounts paid by the Originators; and
(xxivxxv) for the distribution occurring on the Distribution Date immediately following the end amount of Subsequent Recoveries received during the related Funding Prepayment Period, . The Securities Administrator may fully rely upon and shall have no liability with respect to information with respect to the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to provided by the Class A Certificates as a mandatory prepayment of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand service. The Trustee's fax-on- demand service may be accessed by calling (301) 815-6610. The Trustee's intern▇▇ ▇▇▇▇▇▇▇ ▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r the fax-on-demand service can be obtained by calling the Trustee's customer service desk at (301) 815-6600. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changesMaster Servicer. In the case of information furnished pursuant to subclauses (i), (ii) through and (iiixiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. The Securities Administrator will make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Securities Administrator's Internet website. The Securities Administrator's Internet website shall initially be located at "▇▇▇.▇▇▇▇▇▇▇.▇▇▇." Assistance in using the website can be obtained by calling the Securities Administrator's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the 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 Securities Administrator shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, Securities Administrator shall furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i), (ii), (xiv) through and (iiixvi) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee Securities Administrator shall forward to the Class R Certificateholders Certificateholder a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee Securities Administrator deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders Class R Certificateholder by the Trustee Securities Administrator pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (ABFC Asset-Backed Certificates, Series 2004-He1)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master NIMS Insurer, the Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balanceStated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDate;
(viii) the number and aggregate unpaid principal balance Stated Principal Balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefrom;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property[reserved];
(x) the total number and cumulative principal balance Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized LossesLosses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the each Class A Certificates, the Mezzanine of Floating Rate Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each Class A Certificates, the Mezzanine Certificates, the Class C of Floating Rate Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the each Class A Certificates, the Mezzanine of Floating Rate Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.263.24;
(xvii) the Senior Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the each Class A Certificates and the Mezzanine of Floating Rate Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the each Class A Certificates, the Mezzanine of Floating Rate Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class A Certificates and the Mezzanine of Floating Rate Certificates for the immediately succeeding Distribution Date;; and
(xxiii) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and the Reserve Fund; and
(xxiv) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on such Distribution Dateany Net Swap Payments or Swap Termination Payments. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders Certificateholders, the NIMS Insurer, the Credit Risk Manager and the Rating Agencies via the Trustee's ’s internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may ’s internet website shall initially be accessed by calling (301) 815-6610. The Trustee's intern▇▇ located at “h▇▇▇▇▇▇▇ ://▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ .▇▇▇ ▇.▇▇.▇▇▇/▇▇▇▇▇▇▇ ▇r ”. Assistance in using the fax-on-demand service website can be obtained by calling the Trustee's ’s customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through and (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through and (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Soundview Home Loan Trust 2005-Opt3)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDate;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property[reserved];
(x) the total number and cumulative principal balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the Class A Certificates, the Mezzanine Certificates, the Class C Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the Class A Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Group I Available Funds and the Group II Available Funds;
(xxii) the respective Pass-Through Rates applicable to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass- Through Rate applicable to the Class A Certificates and the Mezzanine Certificates for the immediately succeeding Distribution Date;
(xxiii) (A) the amount of payments received related to claims under the PMI Policy during the related Prepayment Period (and the number of Mortgage Loans to which such payments related) and (B) the cumulative amount of payments received related to claims under the PMI Policy since the Closing Date (and the number of Mortgage Loans to which such payments related);
(A) the dollar amount of claims made under the PMI Policy that were denied during the Prepayment Period (and the number of Mortgage Loans to which such denials related) and (B) the dollar amount of the cumulative claims made under the PMI Policy that were denied since the Closing Date (and the number of Mortgage Loans to which such denials related); and
(xxv) the amount on deposit in the Pre-Funding AccountDividend Account immediately prior to the related Master Servicer Remittance Date, the Interest Coverage amount deposited into the Dividend Account on the related Master Servicer Remittance Date (separately identifying the amount received from Mortgagors and the Reserve Fund; and
(xxivamount advanced) for and the distribution occurring amount withdrawn from the Dividend Account on the Distribution related Master Servicer Remittance Date immediately following (separately identifying the end of amount refunded to Mortgagors and the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being amount distributed to the Class A Certificates as a mandatory prepayment holder of principal, if any, the Dividend Account Certificate on such Distribution Date). The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may be accessed by calling (301) 815-6610. The Trustee's intern▇▇ ▇▇▇▇▇▇▇ ▇▇▇ll internet website shall initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r the fax-on-demand service can an be obtained by calling the Trustee's customer service desk at (301) 815-6600. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ above distribution options ▇site are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.. 91
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Financial Asset Sec Corp Asset Backed Certs Series 2001 Ff1)
Statements. (a) On each Distribution Date, based, as applicable, based on the Mortgage Loan information provided to it by contained in the Master ServicerRemittance Report, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agenciespost on its website at www.ctslink.com, a statement (the "Distribution Date Statement") as to the distributions t▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇ions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates)allocable to principal, separately identified, allocable to principal identified and the amount of the distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges Charges, Originator Prepayment Charge Payment Amounts and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interestinterest or Class CE Distributable Amount, separately identified;
(iii) the Overcollateralized Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Targeted Overcollateralization Target Amount as of such Distribution Date and the Monthly Excess Overcollateralized Interest Amount for the Mortgage Pool and Monthly Excess Cashflow Amount for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to during the related Due Collection Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returnsamount of Compensating Interest paid by the Servicer;
(v) the aggregate amount of Advances for the related Due Collection Period, cumulative unreimbursed Advances and Servicing Advances and cumulative Nonrecoverable Advances;
(vi) the Pool Balance Balance, at the Close close of Business business at the end of the related Due Collection Period;
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and maturity, the weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Determination Due Date and the number and aggregate principal balance Principal Balance of all Subsequent Additional Group 3 Mortgage Loans added during the preceding Prepayment Period;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays past due on a contractual basis, (2b) 60 to 89 days and past due on a contractual basis, (3c) 90 or more daysdays past due on a contractual basis, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close close of Business business on the last day of the calendar month preceding such Distribution Date and (D) REO PropertiesDate;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Periodcalendar month, the loan number of such Mortgage Loan, the unpaid principal balance Principal Balance of the REO Property as of the close of business on the last Business Day of such calendar month and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties as of the Close close of Business business of the last day of the preceding Prepayment Collection Period;
(xi) separately stated for each Loan Group, the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) separately stated for each Loan Group, the aggregate amount of Realized Losses incurred during the related Prepayment Collection Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the each Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions, and allocations of Subordinated Applied Realized Loss Amounts, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Subordinated Applied Realized Loss Amounts;
(xiv) the Accrued Certificate Interest in respect of each Class of Certificates for such Distribution Date and any related Cap Carryover Amounts, and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the Class A Certificates, the Mezzanine Certificates, the Class C Certificates and the Class S Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.263.23;
(xvi) the Cap Carryover Amounts distributed on such Distribution Date, the amounts remaining after giving effect to distributions thereof on such Distribution Date and the amount of all Cap Carryover Amounts covered by withdrawals from the Swap Account or the Cap Carryover Reserve Account on such Distribution Date;
(xvii) for the Credit Enhancement Percentage for distribution occurring on the Distribution Date immediately following the end of the Funding Period, the balance on deposit in the Group 3 Pre-Funding Account that has not been used to purchase Additional Group 3 Mortgage Loans and that is being distributed to the related Class A Certificates as a mandatory distribution of principal, if any, on such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the Class A Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xxxix) when the Stepdown Date or whether a Trigger Event has occurredoccurred and is continuing, and the cumulative Realized Losses, as a percentage of the original Pool Balance;
(xxixx) the Available Funds;
(xxiixxi) the respective Pass-Through Rates applicable to the rate at which interest accrues for each Class A Certificates, the Mezzanine Certificates and the Class C of Certificates for such Distribution Date and Date;
(xxii) the Pass- Through Rate applicable to information contained in the Class A Certificates and the Mezzanine Certificates Liquidation Report for the immediately succeeding such Distribution Date;
(xxiii) the aggregate Principal Balance of Mortgage Loans purchased by the Servicer, an Originator or the Seller during the related Prepayment Period and indicating the section of this Agreement or the applicable Originator Mortgage Loan Purchase Agreement, as applicable, requiring or allowing the purchase of each such Mortgage Loan;
(xxiv) the amount of the Credit Risk Manager Fee paid;
(xxv) the Mortgage Loan identifying number of each Mortgage Loan with a Prepayment Charge that was the subject of a Principal Prepayment in full during the related Collection Period, the Prepayment Charge listed on deposit in each related Mortgage Note and the Pre-Funding AccountPrepayment Charge collected, the Servicer Prepayment Charge Payment Amount paid by the Servicer or the Originator Prepayment Charge Payment Amount paid by the related Originator with respect to each such Mortgage Loan;
(xxvi) the amount of Subsequent Recoveries received during the related Prepayment Period;
(xxvii) only for so long as the Trust is subject to the Exchange Act reporting requirements, the Interest Coverage Account Rate Swap Agreement's "significance percentage" of the Pool Balance;
(xxviii) the amount and recipient of any Net Swap Payments and Swap Termination Payments;
(xxix) the date of such Distribution Date and the Reserve Determination Date for such Distribution Date;
(xxx) any expenses or indemnification amounts paid by the Trust Fund, the specific purpose of each payment and the parties to whom these payments are made;
(xxxi) for each Class, the applicable Record Date and Interest Accrual Period; and
(xxivxxxii) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit unless such information is otherwise set forth in the PreFrom 10-Funding Account that has not been used D relating to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on such Distribution Date, any material breaches of representations and warranties relating to the Mortgage Loans or material breaches of transaction covenants or representations and warranties. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders may fully rely upon and the Rating Agencies via the Trustee's internet website and its fax-on-demand service. The Trustee's fax-on- demand service may be accessed by calling (301) 815-6610. The Trustee's intern▇▇ ▇▇▇▇▇▇▇ ▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r the fax-on-demand service can be obtained by calling the Trustee's customer service desk at (301) 815-6600. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ 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 Trustee shall have the right no liability with respect to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible information with respect to the above parties and Mortgage Loans provided by the Servicer. In determining whether a breach of a representation or warranty relating to the Mortgage Loans is material or whether a breach of a transaction covenant or representation or warranty is material for purposes of subclause (xxxii) above, the Trustee shall provide timely may consult with the Depositor and adequate notification to all above parties regarding any such changesrely on the Depositor's determination of materiality. In the case of information furnished pursuant to subclauses (i), (ii) through and (iiixiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. The Trustee will also make available copies of the periodic reports the Trustee prepares and files with the Commission, including distribution reports on Form 10-D, annual reports on Form 10-K, current reports on Form 8-K and amendments to these reports available through www.ctslink.com promptly (but no later than one Business Day) after t▇▇ ▇▇▇▇▇▇▇ ▇▇▇ filed such reports with the Commission.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, shall furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i), (ii), (xiv) through and (iiixvi) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward to the Class R Certificateholders each Residual Certificateholder a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders each Residual Certificateholder by the Trustee pursuant to any requirements of the Code as from time to time in force.
(d) For all purposes of this Agreement including, but not limited to, providing the information set forth in clause (viii) of Section 4.06(a), with respect to any Mortgage Loan, delinquencies shall be determined and reported based on the so-called "OTS" methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be one payment delinquent with respect to a Monthly Payment due on a Due Date if such Monthly Payment is not made by the close of business on the Mortgage Loan's next succeeding Due Date, and a Mortgage Loan would be two payments delinquent with respect to such Monthly Payment if such Monthly Payment were not made by the close of business on the Mortgage Loan's second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that this delinquency recognition policy is its current policy and is not less restrictive than any delinquency recognition policy established by the primary safety and soundness regulator, if any, of the Servicer.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (ABFC 2006-Opt1 Trust)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer NIMS Insurer, the Servicer, the Swap Provider and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount and the Credit Enhancement Percentage as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount fees and expenses of servicing compensation received by the Master Servicer with respect Trust Fund accrued and paid on such Distribution Date and to the related Due Period whom such fees and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returnsexpenses were paid;
(v) the aggregate amount of Advances for the related Due PeriodPeriod (including the general purpose of such Advances);
(vi) the Pool aggregate Principal Balance at of the Close Mortgage Loans and any REO Properties as of Business at the end of the related Due Period;
(vii) the number, aggregate principal balanceStated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDate;
(viii) the number and aggregate unpaid principal balance Stated Principal Balance of Mortgage Loans (not including a Liquidated Mortgage Loan as of the end of the Prepayment Period) that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) using the OTS Method (as described below) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefrom;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) the total number and cumulative principal balance Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the calendar month preceding Prepayment Periodthe related Distribution Date;
(xix) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part;
(xi) the Delinquency Percentage and the Realized Loss Percentage;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and which will include the cumulative amount of Realized LossesLosses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the each Class A Certificates, the Mezzanine of Floating Rate Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, before and after giving effect to the distributions distributions, and allocations of Realized Losses, made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each Class A Certificates, the Mezzanine of Floating Rate Certificates, the Class C X Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the each Class A of Floating Rate Certificates, the Mezzanine Class X Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.263.24;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the each Class A Certificates and the Mezzanine of Floating Rate Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xixxviii) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when whether the Stepdown Date or a Trigger Event has occurred;
(xxixix) the Available Fundstotal cashflows received and the general sources thereof (including amounts received from the Supplemental Interest Trust Trustee under the Interest Rate Swap Agreement and from the Cap Trustee under the Basis Risk Cap Agreement);
(xxiixx) the respective Pass-Through Rates applicable to the each Class A of Floting Rate Certificates, the Mezzanine Class X Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class A Certificates and the Mezzanine of Floating Rate Certificates for the immediately succeeding Distribution Date;
(xxiiixxi) the amount on deposit in of any Net Swap Payments or Swap Termination Payments paid to the Pre-Funding Account, the Interest Coverage Account and the Reserve FundSwap Provider; and
(xxivxxii) the applicable Record Date, Accrual Period and any other applicable determination dates for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on calculating distributions for such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders Certificateholders, the NIMS Insurer, the Swap Provider and the Rating Agencies via the Trustee's ’s internet website and its fax-on-demand service. The Trustee's fax-on- demand service may be accessed by calling (301) 815-6610. The Trustee's internlocated at ▇▇ ▇▇.▇▇▇▇▇▇▇ ▇.▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the Trustee's Trust Administrator’s customer service desk at (301) 8151-6600866-846-4526. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through and (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be Delinquent with respect to a Monthly Payment due on a Due Date if such Monthly Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Monthly Payment if such Monthly Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date (the “OTS Method”). The Servicer hereby represents and warrants to the Depositor that this delinquency recognition policy is not less restrictive than any delinquency recognition policy established by the primary safety and soundness regulator, if any, of the Servicer.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through and (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
(e) On each Distribution Date, the Trustee shall make available an updated electronic loan-level data tape to Bloomberg Financial Markets, Inc., Loan Performance and Intex Solutions in a format acceptable to each of Bloomberg Financial Markets, Inc., Loan Performance and Intex Solutions, and shall supply such electronic loan-level data tape to each Certificateholder who requests such information.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Soundview Home Loan Trust 2007-Opt1)
Statements. (a) On each Distribution Date, based, as applicable, based on the Mortgage Loan information provided to it by contained in the Master ServicerRemittance Report, the Trustee Securities Administrator shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement (the "Distribution Date Statement") as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates)allocable to principal, separately identified, allocable to principal identified and the amount of the distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges Charges, Originator Prepayment Charge Payment Amounts and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interestinterest or Class CE Distributable Amount, separately identified;
(iii) the Overcollateralized Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Targeted Overcollateralization Target Amount as of such Distribution Date and the Monthly Excess Overcollateralized Interest Amount for the Mortgage Pool and Monthly Excess Cashflow Amount for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to Servicers during the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returnsCollection Period;
(v) the aggregate amount of Advances for the related Due Collection Period, cumulative unreimbursed Advances and Servicing Advances and cumulative nonrecoverable Advances;
(vi) the Pool Balance Balance, at the Close close of Business business at the end of the related Due Collection Period;
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDue Date;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays past due on a contractual basis, (2b) 60 to 89 days and past due on a contractual basis, (3c) 90 or more daysdays past due on a contractual basis, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close close of Business business on the last day of the calendar month preceding such Distribution Date and (D) REO PropertiesDate;
(ix) with respect to any the aggregate number of Mortgage Loan Loans that became an REO Property Properties during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance calendar month and the aggregate Principal Balance of such Mortgage Loan Loans (calculated as of the date it each such Mortgage Loan became an REO Property);
(x) the total number and cumulative principal balance of all REO Properties as of the Close close of Business business of the last day of the preceding Prepayment Collection Period;
(xi) separately stated for each Loan Group, the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) separately stated for each Loan Group, the aggregate amount of Realized Losses incurred during the related Prepayment Collection Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the each Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions, and allocations of Realized Losses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts;
(xiv) the Accrued Certificate Interest in respect of each Class of Certificates for such Distribution Date and any related Cap Carryover Amounts, and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the Class A Certificates, the Mezzanine Certificates, the Class C Certificates and the Class S Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer Servicers pursuant to Section 3.26the related Servicing Agreements;
(xviixvi) the Credit Enhancement Percentage for Cap Carryover Amounts distributed on such Distribution Date;
(xviii) , the Net WAC Rate amounts remaining after giving effect to distributions thereof on such Distribution Date, the amount of all Cap Carryover Amount for Amounts covered by withdrawals from the Class A Certificates A-1 Reserve Account, the Class A-2 Reserve Account, the Class A-3 Reserve Account and the Mezzanine Certificates, if any, for Class M/B Reserve Account on such Distribution Date and the amount remaining unpaid after reimbursements therefor distributed from the Class A-1 Reserve Account, the Class A-2 Reserve Account, the Class A-3 Reserve Account and Class M/B Reserve Account on such Distribution DateDate to the Class CE Certificates;
(xixxvii) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xxxviii) when the Stepdown Date or whether a Trigger Event or a Sequential Trigger Event has occurredoccurred and is continuing, and the cumulative Realized Losses, as a percentage of the original Pool Balance;
(xxixix) the Available Funds;
(xxiixx) the respective Pass-Through Rates applicable to the rate at which interest accrues for each Class A Certificates, the Mezzanine Certificates and the Class C of Certificates for such Distribution Date and Date;
(xxi) the Pass- Through Rate applicable to the Class A Certificates and the Mezzanine Certificates aggregate amount of Net Liquidation Proceeds for the immediately succeeding Distribution Daterelated Collection Period;
(xxii) the aggregate Principal Balance of Mortgage Loans purchased by the Originators or the Seller during the related Prepayment Period and indicating the section of this Agreement requiring the purchase of each such Mortgage Loan;
(xxiii) the amount on deposit of the Credit Risk Manager Fee paid;
(xxiv) the number and aggregate Principal Balance of Mortgage Loans that were the subject of a Principal Prepayment in full during the Pre-Funding Accountrelated Prepayment Period, the Interest Coverage Account and aggregate Prepayment Charges collected, the Reserve FundServicer Prepayment Charge Payment Amounts paid by the Servicers or the Originator Prepayment Charge Payment Amounts paid by the Originators; and
(xxivxxv) for the distribution occurring on the Distribution Date immediately following the end amount of Subsequent Recoveries received during the related Funding Prepayment Period, . The Securities Administrator may fully rely upon and shall have no liability with respect to information with respect to the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to provided by the Class A Certificates as a mandatory prepayment of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand service. The Trustee's fax-on- demand service may be accessed by calling (301) 815-6610. The Trustee's intern▇▇ ▇▇▇▇▇▇▇ ▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r the fax-on-demand service can be obtained by calling the Trustee's customer service desk at (301) 815-6600. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changesMaster Servicer. In the case of information furnished pursuant to subclauses (i), (ii) through and (iiixiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. The Securities Administrator will make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Securities Administrator's Internet website. The Securities Administrator's Internet website shall initially be located at "www.ctslink.com." Assistance in using the website can be obtained by ca▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ities Administrator's customer service desk at (301) 815-6600. Parties that are unable to use the website are entitled ▇▇ ▇▇▇▇ ▇ ▇▇▇er copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, Securities Administrator shall furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i), (ii), (xiv) through and (iiixvi) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee Securities Administrator shall forward to the Class R Certificateholders Certificateholder a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee Securities Administrator deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders Class R Certificateholder by the Trustee Securities Administrator pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (ABFC Asset-Backed Certificates, Series 2005-He1)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMs Insurer, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;; 91
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment Period;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property[reserved];
(x) the total number and cumulative principal balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the Class A Certificates, the Mezzanine Certificates, the Class C Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the Class A Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;; 92
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass- Through Rate applicable to the Class A Certificates and the Mezzanine Certificates for the immediately succeeding Distribution Date;
(xxiii) (A) the amount of payments received related to claims under the PMI Policy during the related Prepayment Period (and the number of Mortgage Loans to which such payments related) and (B) the cumulative amount of payments received related to claims under the PMI Policy since the Closing Date (and the number of Mortgage Loans to which such payments related);
(A) the dollar amount of claims made under the PMI Policy that were denied during the Prepayment Period (and the number of Mortgage Loans to which such denials related) and (B) the dollar amount of the cumulative claims made under the PMI Policy that were denied since the Closing Date (and the number of Mortgage Loans to which such denials related);
(xxv) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and the Reserve Fund; and
(xxivxxvi) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders Certificateholders, the NIMs Insurer and the Rating Agencies via the Trustee's internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may internet website shall initially be accessed by calling (301) 815-6610. The Trustee's internlocated at "w▇▇ ▇.▇▇▇▇▇▇▇ ▇.▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the Trustee's customer service desk at (301) 815-6600. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMs Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward to the NIMs Insurer and the Class R Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMs Insurer and each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Asset Backed Certificates Series 2001-2)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee Trust Administrator shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation Servicing Fees and Master Servicing Fees received by the Servicer and the Master Servicer with respect to the related Due Period and such other customary information as the Trustee Trust Administrator deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDate;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;[reserved]
(x) the total number and cumulative principal balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each Class of Class A Certificates, the each Class of Mezzanine Certificates, the Class C Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Servicer pursuant to Section 3.27 or the Master Servicer pursuant to Section 3.264.19;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the Class A Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurredoccurred and when the Servicer Termination Test or the Fitch Servicer Termination Test has been failed;
(xxi) the Available FundsFunds for such Distribution Date;
(xxii) the respective Pass-Through Rates applicable to the each Class of Class A Certificates, the each Class of Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class of Class A Certificates and the each Class of Mezzanine Certificates for the immediately succeeding Distribution Date;; and
(xxiii) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and the Reserve Fund; and
(xxiv) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principalpayments, if any, on such Distribution Datemade under the Cap Contract. The Trustee Trust Administrator will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the TrusteeTrust Administrator's internet website. The Trust Administrator's internet website and its fax-on-demand service. The Trustee's fax-on- demand service may shall initially be accessed by calling (301) 815-6610. The Trustee's internlocated at "▇▇ ▇▇.▇▇▇▇▇▇▇ ▇.▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the TrusteeTrust Administrator's customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee Trust Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee Trust Administrator shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trust Administrator's internet website, the Trust Administrator may require registration and the acceptance of a disclaimer. 105 The Trust Administrator will not be liable for the dissemination of information in accordance with this Agreement. The Trust Administrator shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee Trust Administrator shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee Trust Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee Trust Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee Trust Administrator shall forward make available to the Class R Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee Trust Administrator deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee Trust Administrator shall deliver to each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee Trust Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee Trust Administrator pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Financial Asset Sec Corp Fremont Home Loan Trust 2003 A)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master ServicerServicer pursuant to Sections 3.19 and 4.04, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balanceStated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDate;
(viii) the number and aggregate unpaid principal balance Stated Principal Balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property[Reserved];
(x) the total number and cumulative principal balance Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period, the cumulative amount of Realized Losses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Realized LossesSubsequent Recoveries received since the Closing Date;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each Class of Class A Certificates, the each Class of Mezzanine Certificates, the Class C B Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the Class A Certificates, the Mezzanine Certificates and the Mezzanine Class B Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the each Class of Class A Certificates, each Class of Mezzanine Certificates, the Mezzanine Class B Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class of Class A Certificates and the each Class of Mezzanine Certificates for the immediately succeeding Distribution Date;; and
(xxiii) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and the Reserve Fund; and
(xxiv) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principalpayments, if any, on such Distribution Datemade under the Cap Contract. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may internet website shall initially be accessed by calling (301) 815-6610. The Trustee's internlocated at "▇▇ ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇ ▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r ▇.▇▇.▇▇▇/invr". Assistance in using the fax-on-demand service website can be obtained by calling the Trustee's customer service desk at (301800) 815735-66007777. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Finance America Mortgage Loan Trust 2004-2)
Statements. (a) On each Distribution Date, based, as applicable, based on the Mortgage Loan information provided to it by contained in the Master Servicer’s Certificate, the Trustee Securities Administrator shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement (the “Distribution Date Statement”) as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and separately identifying the amount of the distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than allocable to interest and the Class P Certificates) allocable to interestCE Distributable Amount, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount Deficiency as of such Distribution Date and the Monthly Excess Overcollateralized Interest Amount for the Mortgage Pool and Monthly Excess Cashflow Amount for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to during the related Due Collection Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returnsamount of Compensating Interest paid by the Servicer;
(v) the aggregate amount of Monthly Advances for the related Due Collection Period, unreimbursed Monthly Advances and Servicing Advances and Advances that are Nonrecoverable Advances;
(vi) the Pool Balance Balance, at the Close close of Business business at the end of the related Due Collection Period;
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDue Date;
(viii) the number and aggregate unpaid principal balance Stated Principal Balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays past due on a contractual basis, (2b) 60 to 89 days and past due on a contractual basis, (3c) 90 or more daysdays past due on a contractual basis, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close close of Business business on the last day of the calendar month preceding such Distribution Date and (D) REO Propertiesrelated Collection Period;
(ix) with respect to any the aggregate number of Mortgage Loan Loans that became an REO Property Properties during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance related Collection Period and the aggregate Stated Principal Balance of such Mortgage Loan Loans (calculated as of the date it each such Mortgage Loan became an REO Property);
(x) the total number and cumulative principal balance aggregate Stated Principal Balance of all REO Properties as of the Close close of Business business of the last day of the preceding Prepayment related Collection Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the Mortgage Loan identifying number of each Mortgage Loan with a Prepayment Charge that was the subject of a Principal Prepayment in full during the related Prepayment Period, the Prepayment Charge listed on each related Mortgage Note and the Prepayment Charge collected or the Servicer Prepayment Charge Payment Amount paid by the Servicer with respect to each such Mortgage Loan;
(xiii) the aggregate amount of Realized Losses incurred during the related Prepayment Collection Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance or Maximum Certificate Principal Balance of the each Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions distributions, and allocations of Applied Realized Loss Amounts made on such Distribution Date, separately identifying any reduction thereof due to allocations of Applied Realized Loss Amounts;
(xv) the Monthly Accrued Certificate Interest Distributable Amount in respect of the each Class A Certificates, the Mezzanine Certificates, the Class C Certificates and the Class S of Certificates for such Distribution Date and any related Cap Carryover Amounts (assuming in the Unpaid Interest Shortfall Amountcase of a Class of Exchangeable REMIC Certificates no exchanges have occurred and in the case of a Class of Exchangeable Certificates that all exchanges have occurred), and the respective portions thereof, if any, with remaining unpaid following the distributions made in respect to the Class A Certificates, the Mezzanine of such Certificates and the Class C Certificates for on such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) the Credit Enhancement Percentage for Cap Carryover Amounts distributed on such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount Available Funds; the rate at which interest accrues for the each Class A of Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution aggregate amount of principal on such Distribution DateNet Liquidation Proceeds for the related Collection Period;
(xx) when the Stepdown Date aggregate Stated Principal Balance of Mortgage Loans purchased by or substituted for by a Trigger Event has occurredSeller or American General Finance Corporation during the related Prepayment Period;
(xxi) the Available Fundsnumber and aggregate Stated Principal Balance of Mortgage Loans that were the subject of a Principal Prepayment in full during the related Prepayment Period;
(xxii) the respective Pass-Through Rates applicable to amount of Subsequent Recoveries received during the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass- Through Rate applicable to the Class A Certificates and the Mezzanine Certificates for the immediately succeeding Distribution Daterelated Prepayment Period;
(xxiii) with respect to Mortgage Loans that were subject to a Servicer Modification during the related Collection Period: (a) the Mortgage Loan identifying number; (b) the date of modification; (c) the Stated Principal Balance prior to and after modification; (d) the Monthly Payment prior to and after modification; (e) the forborne amount on deposit in (if any); (f) the Pre-Funding AccountMortgage Interest Rate prior to and after modification; (g) the maturity date prior to and after modification; and (h) the number of days Delinquent prior to modification;
(xxiv) whether any exchanges of Exchangeable or Exchangeable REMIC Certificates have taken place since the preceding Distribution Date and, if applicable, the Interest Coverage Account Class designations, Certificate Principal Balances, Maximum Certificate Principal Balances and any interest and principal paid, including any shortfalls allocated, of any Classes of Exchangeable REMIC Certificates or Exchangeable Certificates that were received by the Reserve FundCertificateholder as a result of such exchange; and
(xxivxxv) for if there has been a revision to the distribution occurring on Delegated Authority Guidelines, a copy thereof. The Securities Administrator may fully rely upon and shall have no liability with respect to information with respect to the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to provided by the Class A Certificates as a mandatory prepayment of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand service. The Trustee's fax-on- demand service may be accessed by calling (301) 815-6610. The Trustee's intern▇▇ ▇▇▇▇▇▇▇ ▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r the fax-on-demand service can be obtained by calling the Trustee's customer service desk at (301) 815-6600. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changesMaster Servicer. In the case of information furnished pursuant to subclauses (i), (ii) through and (iiixv) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. The Securities Administrator will make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to beneficial owners of Certificates that provide appropriate certification in the form furnished by the Securities Administrator (which may be submitted electronically via the Securities Administrator’s internet website) and other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the 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 Securities Administrator shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, Securities Administrator shall furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular CertificateCertificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i), (ii), (xiv) through and (iiixv) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee Securities Administrator shall forward to the Class R Certificateholders Certificateholder upon request a copy of the reports forwarded to the Regular Certificateholders of Certificates other than the Class R Certificate in respect of such Distribution Date with such other information as the Trustee Securities Administrator deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders the Class R Certificateholder by the Trustee Servicer pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (American General Finance Corp)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDate;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property[reserved];
(x) the total number and cumulative principal balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each Class of Class A Certificates, the each Class of Mezzanine Certificates, the Class C Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the each Class of Class A Certificates and the each Class of Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the each Class of Class A Certificates, the each Class of Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass- Through Rate applicable to the each Class of Class A Certificates and the each Class of Mezzanine Certificates for the immediately succeeding Distribution Date;
(xxiii) (A) the amount of payments received related to claims under the PMI Policy during the related Prepayment Period (and the number of Mortgage Loans to which such payments related) and (B) the cumulative amount of payments received related to claims under the PMI Policy since the Closing Date (and the number of Mortgage Loans to which such payments related);
(A) the dollar amount of claims made under the PMI Policy that were denied during the Prepayment Period (and the number of Mortgage Loans to which such denials related) and (B) the dollar amount of the cumulative claims made under the PMI Policy that were denied since the Closing Date (and the number of Mortgage Loans to which such denials related);
(xxv) the amount on deposit in the Pre-Funding AccountDividend Account immediately prior to the related Servicer Remittance Date, the Interest Coverage amount deposited into the Dividend Account on the related Servicer Remittance Date (separately identifying the amount received from Mortgagors and the Reserve Fundamount advanced) and the amount withdrawn from the Dividend Account on the related Servicer Remittance Date (separately identifying the amount refunded to Mortgagors and the amount distributed to the holder of the Dividend Account Certificate on such Distribution Date); and
(xxivxxvi) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principalpayments, if any, on such Distribution Datemade under the Cap Contract. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may internet website shall initially be accessed by calling (301) 815-6610. The Trustee's internlocated at "▇▇ ▇▇.▇▇▇▇▇▇▇ ▇.▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the Trustee's customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Financial Asset Sec Corp First Frank Mort Ln Tr 2002-Ff2)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment Period;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 95 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) the total number and cumulative principal balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the Class A Certificates, the Mezzanine Certificates, the Class C Certificates and the Class S Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the Class A Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass- Through Rate applicable to the Class A Certificates and the Mezzanine Certificates for the immediately succeeding Distribution Date;
(xxiii) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and the Reserve Fund; and
(xxiv) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand service. The Trustee's fax-on- demand service may be accessed by calling (301▇▇▇) 815▇▇▇-6610▇▇▇▇. The Trustee's interninternet website shall initially be located at "▇▇ ▇▇.▇▇▇▇▇▇▇ ▇.▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the website or the fax-on-demand service can be obtained by calling the Trustee's customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward to the Class R Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Option One Mort Accept Corp Asset Backed Cert Ser 2000-2)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master ServicerServicers, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer Servicers and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master each Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool aggregate Stated Principal Balance of the Mortgage Loans at the Close close of Business business at the end of the last Business Day of the calendar month preceding the related Due PeriodDistribution Date;
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDate;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans that were (Aa) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to delinquent 30-59 days, (2b) 60 to delinquent 60-89 days and days, (3c) delinquent 90 or more daysdays in each case, as of the last day of the preceding calendar month, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1e) 30 with respect to 59 dayswhich the related Mortgagor has filed for protection under applicable bankruptcy laws, (2) 60 with respect to 91 89 days and (3) 90 whom bankruptcy proceedings are pending or more days, (C) with respect to whom bankruptcy protection is in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Propertiesforce;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) the total number and cumulative principal balance of all REO Properties as of the Close close of Business business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates Certificates, after giving effect to the distributions made on such Distribution Date, and the Notional Amount of the Class S C Certificates, after giving effect to the distributions made on such Distribution Date;
(xvxiv) the Monthly Interest Distributable Amount in respect of the Class A Certificates, the Mezzanine Certificates, the Class C Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Mezzanine Certificates for such Distribution Date;
(xvixv) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer Servicers pursuant to Section 3.263.23, and the aggregate amount of any Relief Act Interest Shortfalls for such Distribution Date;
(xviixvi) the Credit Enhancement Percentage for such Distribution Date;
(xviiixvii) the Net WAC Rate Carryover Amount for the Class A Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xxxviii) when the Stepdown Date or a Trigger Event has occurred;
(xxixix) the Available Funds;; and
(xxiixx) the respective Pass-Through Rates applicable to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the Class A Certificates and the Mezzanine Certificates for the immediately succeeding Distribution Date;
(xxiii) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and the Reserve Fund; and
(xxiv) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders Certificateholders, the Servicers and the Rating Agencies via the Trustee's internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may be accessed by calling (301) 815-6610. The Trustee's intern▇▇ ▇▇▇▇▇▇▇ ▇▇▇ll internet website shall initially be located at "www.ctslink.com". Assistance in usin▇ http:\\www-apps.gis.deutsche- b▇▇▇ ▇.▇▇▇/▇▇▇▇▇▇▇ ▇r . Assistance in using the fax-on-demand service website can be obtained by calling the Trustee's customer service desk at (301) 8151-6600800- 735-7777. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Closing Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward to the Class R Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force. On each Distribution Date the Trustee shall provide Bloomberg Financial Markets, L.P. ("Bloomberg") CUSIP level factors for each Class of Certificates as of such Distribution Date, using a format and media mutually acceptable to the Trustee and Bloomberg.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Finan as Sec Cp SDVW Hm Eq Ln Tr 2001-2 as Bk Cer Ser 2001-2)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDate;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property[reserved];
(x) the total number and cumulative principal balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S CertificatesInterest, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each Class of Class A Certificates, the each Class of Mezzanine Certificates, the Class C Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the each Class of Class A Certificates and the each Class of Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the each Class of Class A Certificates, the each Class of Mezzanine Certificates and the Class C Certificates Interest for such Distribution Date and the Pass- Through Rate applicable to the each Class of Class A Certificates and the each Class of Mezzanine Certificates for the immediately succeeding Distribution Date;
(xxiii) (A) the amount of payments received related to claims under the PMI Policy during the related Prepayment Period (and the number of Mortgage Loans to which such payments related) and (B) the cumulative amount of payments received related to claims under the PMI Policy since the Closing Date (and the number of Mortgage Loans to which such payments related);
(A) the dollar amount of claims made under the PMI Policy that were denied during the Prepayment Period (and the number of Mortgage Loans to which such denials related) and (B) the dollar amount of the cumulative claims made under the PMI Policy that were denied since the Closing Date (and the number of Mortgage Loans to which such denials related); and
(xxv) the amount on deposit in the Pre-Funding AccountDividend Account immediately prior to the related Master Servicer Remittance Date, the Interest Coverage amount deposited into the Dividend Account on the related Master Servicer Remittance Date (separately identifying the amount received from Mortgagors and the Reserve Fund; and
(xxivamount advanced) for and the distribution occurring amount withdrawn from the Dividend Account on the Distribution related Master Servicer Remittance Date immediately following (separately identifying the end of amount refunded to Mortgagors and the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being amount distributed to the Class A Certificates as a mandatory prepayment holder of principal, if any, the Dividend Account Certificate on such Distribution Date). The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may internet website shall initially be accessed by calling (301) 815-6610. The Trustee's internlocated at "▇▇ ▇▇.▇▇▇▇▇▇▇ ▇.▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the Trustee's customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable 100 information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Financial Assets Sec Corp First Frank Mort Ln Tr 2002-Ff1)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balanceStated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDate;
(viii) the number and aggregate unpaid principal balance Stated Principal Balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefrom;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property[reserved];
(x) the total number and cumulative principal balance Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized LossesLosses and the aggregate 115 amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the each Class A Certificates, the Mezzanine of Floating Rate Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each Class A Certificates, the Mezzanine Certificates, the Class C of Floating Rate Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the each Class A Certificates, the Mezzanine of Floating Rate Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.263.24;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the each Class A Certificates and the Mezzanine of Floating Rate Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the each Class A Certificates, the Mezzanine of Floating Rate Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class A Certificates and the Mezzanine of Floating Rate Certificates for the immediately succeeding Distribution Date;
(xxiii) payments, if any, made under the Cap Contract; and
(xxiv) the amount on deposit in the Pre-Funding Account, Accounts and the Interest Coverage Account and the Reserve FundAccounts; and
(xxivxxv) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Group I Pre-Funding Account and/or the Group II Pre-Funding Account that has not been used to purchase Subsequent Group I Mortgage Loans and/or Subsequent Group II Mortgage Loans, as applicable, and that is being distributed to the related Class A Certificates as a mandatory prepayment distribution of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may internet website shall initially be accessed by calling (301) 815-6610. The Trustee's intern▇▇ located at "▇▇▇▇▇▇▇ ://▇▇▇ll initially be located at "www.ctslink.com.▇▇▇.▇▇.▇▇▇/invr". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the Trustee's customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through and (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through and (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee shall be 117 deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Soundview Home Loan Trust 2005-1)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balanceStated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDate;
(viii) the number and aggregate unpaid principal balance Stated Principal Balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefrom;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property[reserved];
(x) the total number and cumulative principal balance Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized LossesLosses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the each Class A Certificates, the Mezzanine of Floating Rate Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each Class A Certificates, the Mezzanine Certificates, the Class C of Floating Rate Certificates and the Class S C Certificates for such Distribution Date and the 103 Unpaid Interest Shortfall Amount, if any, with respect to the each Class A Certificates, the Mezzanine of Floating Rate Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the each Class A Certificates and the Mezzanine of Floating Rate Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the each Class A Certificates, the Mezzanine of Floating Rate Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class A Certificates and the Mezzanine of Floating Rate Certificates for the immediately succeeding Distribution Date;; and
(xxiii) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and the Reserve Fund; and
(xxiv) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principalpayments, if any, on such Distribution Date. made under the Cap Contract; The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may internet website shall initially be accessed by calling (301) 815-6610. The Trustee's intern▇▇ located at "▇▇▇▇▇▇▇ ://▇▇▇ll initially be located at "www.ctslink.com.▇▇▇.▇▇.▇▇▇/invr". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the Trustee's customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. In As a condition to access to the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar yearTrustee's internet website, the Trustee shall, upon written request, furnish to each Person who at any time during may require registration and the calendar year was a Certificateholder acceptance of a Regular Certificate, if requested disclaimer. The Trustee will not be liable for the dissemination of information in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholderaccordance with this Agreement. Such obligation of the The Trustee shall also be deemed entitled to have been satisfied to rely on but shall not be responsible for the extent that substantially comparable content or accuracy of any information shall be prepared and furnished provided by third parties for purposes of preparing the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward to the Class R Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other information as the Trustee deems necessary or appropriateparty thereto).
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Soundview Home Loan Trust 2004-Wmc1)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems 103 necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDate;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;[reserved]
(x) the total number and cumulative principal balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each Class of Class A Certificates, the each Class of Mezzanine Certificates, the Class C Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;; 104
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the Class A Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the each Class of Class A Certificates, the each Class of Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class of Class A Certificates and the each Class of Mezzanine Certificates for the immediately succeeding Distribution Date;; and
(xxiii) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and the Reserve Fund; and
(xxiv) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on such Distribution Date. [reserved] The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may internet website shall initially be accessed by calling (301) 815-6610. The Trustee's internlocated at "▇▇ ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇ ▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r ▇.▇▇.▇▇▇/invr". Assistance in using the fax-on-demand service website can be obtained by calling the Trustee's customer service desk at (301800) 815735-66007777. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward to the Class R Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Financial Asset Sec Corp Fremont Home Ln Tr 2003-2)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balanceStated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance Stated Principal Balance of all Subsequent Mortgage Loans added during the preceding Prepayment Funding Period;
(viii) the number and aggregate unpaid principal balance Stated Principal Balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefrom;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property[reserved];
(x) the total number and cumulative principal balance Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized LossesLosses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the each Class A Certificates, the Mezzanine of Adjustable-Rate Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each Class A Certificates, the Mezzanine Certificates, the Class C of Adjustable-Rate Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the each Class A Certificates, the Mezzanine of Adjustable-Rate Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.263.24;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the each Class A Certificates and the Mezzanine of Adjustable-Rate Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the each Class A Certificates, the Mezzanine of Adjustable-Rate Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class A Certificates and the Mezzanine of Adjustable-Rate Certificates for the immediately succeeding Distribution Date;
(xxiii) payments, if any, made under the Cap Contract;
(xxiv) the amount on deposit in the Pre-Funding Account, Accounts and the Interest Coverage Account and the Reserve FundAccounts; and
(xxivxxv) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Group I Pre-Funding Account and/or the Group II Pre-Funding Account that has not been used to purchase Subsequent Group I Mortgage Loans and/or Subsequent Group II Mortgage Loans, as applicable, and that is being distributed to the related Class A Certificates as a mandatory prepayment distribution of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may internet website shall initially be accessed by calling (301) 815-6610. The Trustee's intern▇▇ located at "▇▇▇▇▇▇▇ ://▇▇▇ll initially be located at "www.ctslink.com.▇▇▇.▇▇.▇▇▇/invr". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r using the fax-on-demand service website can be obtained by calling the Trustee's customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through and (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2005-Ff4)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master each Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer Servicers and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount 104 as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master each Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balanceStated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDate;
(viii) the number and aggregate unpaid principal balance Stated Principal Balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) with respect to any Mortgage Loan that became an REO Property during payments, if any, made under the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO PropertyCap Contract;
(x) the total number and cumulative principal balance Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized LossesLosses since the Closing Date and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the each Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Regular Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of each Class of Regular Certificates (other than the Class A P Certificates, the Mezzanine Certificates, the Class C Certificates and the Class S Certificates ) for such Distribution Date and the Unpaid 105 Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates and the Class C B Certificates for such Distribution Date;
(xvi) the aggregate amount of any Net Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the Class A Certificates, the Mezzanine Certificates and the Mezzanine Class B Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any the Overcollateralization Target Amount, any Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;; and
(xxii) the respective Pass-Through Rates applicable to the Class A Certificates, each Class of Mezzanine Certificates, the Mezzanine Class B Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the Class A Certificates and the each Class of Mezzanine Certificates for the immediately succeeding Distribution Date;
(xxiii) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and the Reserve Fund; and
(xxiv) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may internet website shall initially be accessed by calling (301) 815-6610. The Trustee's internlocated at "▇▇ ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇ ▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r ▇.▇▇.▇▇▇/invr". Assistance in using the fax-on-demand service website can be obtained by calling the Trustee's customer service desk at (301800) 815735-66007777. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.. 106
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Soundview Home Loan Trust 2004-1)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master NIMS Insurer, the Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount and the Senior Credit Enhancement Percentage as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount fees and expenses of servicing compensation received by the Master Servicer with respect Trust Fund accrued and paid on such Distribution Date and to the related Due Period whom such fees and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returnsexpenses were paid;
(v) the aggregate amount of Advances for the related Due PeriodPeriod (including the general purpose of such Advances);
(vi) the Pool aggregate Principal Balance at of the Close Mortgage Loans and any REO Properties as of Business at the end of the related relted Due Period;
(vii) the number, aggregate principal balanceStated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment PeriodDate;
(viii) the number and aggregate unpaid principal balance Stated Principal Balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) using the OTS Method (as described below) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefrom;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) the total number and cumulative principal balance Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the calendar month preceding Prepayment Periodthe related Distribution Date;
(xix) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part;
(xi) the Delinquency Percentage and the Realized Loss Percentage;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized LossesLosses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the each Class of Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, before and after giving effect to the distributions distributions, and allocations of Realized Losses, made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each Class of Class A Certificates, the Mezzanine Certificates, the Class C Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the each Class of Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.263.24;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the each Class of Class A Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xixxviii) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when whether the Stepdown Date or a Trigger Event has occurred;
(xxixix) the Available Fundstotal cashflows received and the general sources thereof;
(xxiixx) the respective Pass-Through Rates applicable to the each Class of Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class of Class A Certificates and the Mezzanine Certificates for the immediately succeeding Distribution Date;
(xxiiixxi) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and the Reserve Fundof any Net Swap Payments or Swap Termination Payments; and
(xxivxxii) the applicable Record Dates, Accrual Periods and Determination Dates for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on calculating distributions for such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders Certificateholders, the NIMS Insurer, the Credit Risk Manager and the Rating Agencies via the Trustee's ’s internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may ’s internet website shall initially be accessed by calling (301) 815-6610. The Trustee's intern▇▇ located at “h▇▇▇▇▇▇▇ ://▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ .▇▇▇ ▇.▇▇.▇▇▇/▇▇▇▇▇▇▇ ▇r ”. Assistance in using the fax-on-demand service website can be obtained by calling the Trustee's ’s customer service desk at (301▇▇▇) 815▇▇▇-6600▇▇▇▇. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through and (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined and reported based on the “OTS” methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be Delinquent with respect to a Monthly Payment due on a Due Date if such Monthly Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Monthly Payment if such Monthly Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that this delinquency recognition policy is not less restrictive than any delinquency recognition policy established by the primary safety and soundness regulator, if any, of the Servicer.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through and (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
(e) On each Distribution Date, the Trustee shall supply an electronic tape to Bloomberg Financial Markets, Inc. in a format acceptable to Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to Loan Performance and Intex Solutions in a format acceptable to Loan Performance and Intex Solutions on a monthly basis.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Soundview Home Loan Trust 2006-Opt3)
Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master ServicerServicer pursuant to Sections 3.19 and 4.04, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:
(i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and such other customary information as the Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Advances for the related Due Period;
(vi) the Pool Balance at the Close of Business at the end of the related Due Period;
(vii) the number, aggregate principal balanceStated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate principal balance Stated Principal Balance of all Subsequent Mortgage Loans added during the preceding Prepayment Funding Period;
(viii) the number and aggregate unpaid principal balance Stated Principal Balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property[Reserved];
(x) the total number and cumulative principal balance Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period, the cumulative amount of Realized Losses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Realized LossesSubsequent Recoveries received since the Closing Date;
(xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xiv) the Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of the each Class of Class A Certificates, the each Class of Mezzanine Certificates, the Class C B Certificates and the Class S C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) the Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the Class A Certificates, the Mezzanine Certificates and the Mezzanine Class B Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xx) when the Stepdown Date or a Trigger Event has occurred;
(xxi) the Available Funds;
(xxii) the respective Pass-Through Rates applicable to the each Class of Class A Certificates, each Class of Mezzanine Certificates, the Mezzanine Class B Certificates and the Class C Certificates for such Distribution Date and the Pass- Pass-Through Rate applicable to the each Class of Class A Certificates, each Class of Mezzanine Certificates and the Mezzanine Class B Certificates for the immediately succeeding Distribution Date;
(xxiii) payments, if any, made under the Cap Contract;
(xxiv) the amount on deposit in the Pre-Funding Account, the Interest Coverage Account and the Reserve FundAccounts; and
(xxivxxv) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Group I Pre-Funding Account and/or the Group II Pre-Funding Account that has not been used to purchase Subsequent Group I Mortgage Loans and/or Subsequent Group II Mortgage Loans, as applicable, and that is being distributed to the related Class A Certificates as a mandatory prepayment distribution of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Rating Agencies via the Trustee's internet website and its fax-on-demand servicewebsite. The Trustee's fax-on- demand service may internet website shall initially be accessed by calling (301) 815-6610. The Trustee's internlocated at "▇▇ ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇ ▇▇▇ll initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r ▇.▇▇.▇▇▇/invr". Assistance in using the fax-on-demand service website can be obtained by calling the Trustee's customer service desk at (301800) 815735-66007777. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ unable to use the above distribution options 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution Date, the Trustee shall forward make available to the Class R Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Equifirst Mortgage Loan Trust 2004-2)