Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Period, as applicable, and such other information as the Trustee shall reasonably require, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare a statement (the “Remittance Report”) containing the information set forth below with respect to such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof: (i) Available Funds and the Certificate Rate for each Class for the related Distribution Date; (ii) the aggregate amount of the distribution to each Class of Certificates on such Distribution Date; (iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining; (iv) the amount of the distribution set forth in paragraph (i) above in respect of principal and the amount thereof in respect of the Class Principal Carryover Shortfall, and any remaining Class Principal Carryover Shortfall; (v) the amount of Excess Interest paid as principal; (vi) the Servicing Fee and the Trustee Fee (including the separate amounts payable to each of the Trustee and its Custodian); (vii) the Pool Balance as of the close of business on the last day of the preceding Due Period; (viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal above; (ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date; (x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and the calculation thereof; (xi) the aggregate amount of Principal Prepayments received during the related Prepayment Period; (xii) the amount of all Curtailments that were received during the Due Period; (xiii) the principal portion of all Monthly Payments received during the Due Period; (xiv) the interest portion of all Monthly Payments received on the Mortgage Loans during the Due Period; (xv) the amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date; (xvi) the amount to be distributed to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for the Distribution Date; (xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due Period; (xviii) the amount of all payments or reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer); (xix) the number of Mortgage Loans outstanding at the beginning and at the end of the related Due Period; (xx) the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool Balance; (xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth); (xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan Account; (xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer); (xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class; (xxv) the amount on deposit in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and (xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off Date. The Trustee will make the Remittance Report (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way Remittance Reports 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto). (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was a Holder 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 (iii) and (iv) 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 make available to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force. (e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable. (f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Renaissance Mort Acc Corp Renaissance Home Eq Ln Tr 2004 1), Pooling and Servicing Agreement (Delta Financial Corp)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireServicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Swap Provider, the Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date (the “Remittance ReportMonthly Statement”) containing the information set forth below with respect to such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:):
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iiiiv) the amount any fees and expenses of the distribution set forth in paragraph (i) above in respect of interest Trust accrued and the amount thereof in respect of any Class Interest Carryover Shortfall, paid on such Distribution Date and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the amount of the distribution set forth in paragraph (i) above in respect of principal to whom such fees and the amount thereof in respect of the Class Principal Carryover Shortfall, and any remaining Class Principal Carryover Shortfallexpenses were paid;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period (including the general purpose of such Advances);
(vi) the Servicing Fee and the Trustee Fee (including the separate amounts payable to each of the Trustee and its Custodian);
(vii) the Pool Balance as of the close of business on the last day of the preceding Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal above;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and the calculation thereof;
(xi) the aggregate amount of Principal Prepayments interest and scheduled principal received during or advanced by the related Prepayment Period;
(xii) the amount of all Curtailments that were received during the Due Period;
(xiii) the principal portion of all Monthly Payments received during the Due Period;
(xiv) the interest portion of all Monthly Payments received on the Mortgage Loans during the Due Period;
(xv) the amount of the Monthly Advances and the Compensating Interest payment Servicer with respect to be made on the Determination Date;
(xvi) the amount to be distributed to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for the Distribution Date;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due Period;
(xviiivii) with respect to each Loan Group, the amount of all payments or reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer);
(xix) the number of Mortgage Loans outstanding related group balance at the beginning and Close of Business at the end of the related Due Period;
(xxviii) the amount of Liquidation Loan Losses experienced during the preceding Due Period number, aggregate Principal Balance, weighted average remaining term to maturity and the Cumulative Net Losses as a percentage weighted average Mortgage Rate of the Cut-Off Date Pool BalanceMortgage Loans as of the related Determination Date;
(xxiix) the number and aggregate unpaid principal balance of Mortgage Loans (except those Mortgage Loans that are liquidated as of the end of the preceding calendar month, related Prepayment Period) that were (as determined using the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent OTS method) (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance A) Delinquent (exclusive of Mortgage Loans in bankruptcy; 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 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;
(x) the Delinquency Percentage;
(xi) the total number and cumulative principal balance of all Liquidated Mortgage Loans as of the Close of Business of the last day of the preceding Prepayment Period, prior to the reduction of each principal balance to zero;
(xii) 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;
(xiii) 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;
(xiv) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the number and cumulative amount of Realized Losses;
(xv) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xvi) the Certificate Principal Balance of Mortgage Loans which are REO Propertyeach Class of Class A Certificates, each separately set forth)class of Mezzanine Certificates and the Class C Certificates, before and after giving effect to the distributions made on such Distribution Date;
(xvii) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, each class of Mezzanine Certificates and the Class 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;
(xviii) 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 3.26;
(xix) the Senior Credit Enhancement Percentage for such Distribution Date;
(xx) the Net WAC Rate Carryover Amount for each class of Class A Certificates and each class of Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xxi) the amount of any Net Swap Payments or Swap Termination Payments (a) due from the Trust and (b) due from the Swap Provider;
(xxii) for whether the Distribution Stepdown Date or a Trigger Event is in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan Accounteffect;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by total cashflows received (including amounts received from the Servicer during Supplemental Interest Trust Trustee under the related Due Period (as reported by the ServicerInterest Rate Swap Agreement);
(xxiv) the amount of Net Rate Cap Carryover distributed respective Pass-Through Rates applicable to each Class of Offered Class A and Mezzanine Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, for such Distribution Date and the amount Pass-Through Rate applicable to each Class of Net Rate Cap Carryover remaining Class A Certificates and Mezzanine Certificates for each such Classthe immediately succeeding Distribution Date;
(xxv) the amount on deposit in the Net WAC Rate Cap Fund, and the amounts of each deposit and withdrawal from such Carryover Reserve Account; and
(xxvi) for each Pre-Funding Distribution the applicable Record Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available Accrual Period and Determination Date for calculating distributions for such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off Date. The Trustee will make the Remittance Report 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 parties to this Agreement Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are 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 Remittance Reports 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 Remittance Report 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 heretothereto). 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 shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Holder 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 (iv) 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 make available to the Class R Certificateholders in NIMS Insurer and the same manner as the Remittance Report is made available to all Residual Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer For each Distribution Date, through and including the Distribution Date in December 2007, the Trustee shall furnish 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 Seller and each Certificateholder (if requested in writing)Trustee, during shall obtain the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall financial information required to be necessary, reasonable or appropriate with respect delivered by the Swap Provider pursuant to the Certificateholder 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 otherwise with respect to the purposes of this Agreementgreater than 10%, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled promptly notify the Depositor and the Depositor shall, within 5 Business Days of such Distribution Date, deliver to be reimbursed the Trustee the financial information provided to it by such Certificateholder the Swap Provider for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced inclusion in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by Form 10-D relating to such Distribution Date. If on any Distribution Date after December 2007, the Servicer pursuant Significance Percentage is greater than 10%, the Trustee shall include the Significance Percentage on the statement to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreementrelated 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) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireServicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Swap Provider, the Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date (the “Remittance ReportMonthly Statement”) containing the information set forth below with respect to such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:):
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iiiiv) the amount any fees and expenses of the distribution set forth in paragraph (i) above in respect of interest Trust accrued and the amount thereof in respect of any Class Interest Carryover Shortfall, paid on such Distribution Date and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the amount of the distribution set forth in paragraph (i) above in respect of principal to whom such fees and the amount thereof in respect of the Class Principal Carryover Shortfall, and any remaining Class Principal Carryover Shortfallexpenses were paid;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period (including the general purpose of such Advances);
(vi) the Servicing Fee and the Trustee Fee (including the separate amounts payable to each of the Trustee and its Custodian);
(vii) the Pool Balance as of the close of business on the last day of the preceding Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal above;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and the calculation thereof;
(xi) the aggregate amount of Principal Prepayments interest and scheduled principal received during or advanced by the related Prepayment Period;
(xii) the amount of all Curtailments that were received during the Due Period;
(xiii) the principal portion of all Monthly Payments received during the Due Period;
(xiv) the interest portion of all Monthly Payments received on the Mortgage Loans during the Due Period;
(xv) the amount of the Monthly Advances and the Compensating Interest payment Servicer with respect to be made on the Determination Date;
(xvi) the amount to be distributed to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for the Distribution Date;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due Period;
(xviiivii) with respect to each Loan Group, the amount of all payments or reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer);
(xix) the number of Mortgage Loans outstanding related group balance at the beginning and Close of Business at the end of the related Due Period;
(xxviii) the amount of Liquidation Loan Losses experienced during the preceding Due Period number, aggregate Principal Balance, weighted average remaining term to maturity and the Cumulative Net Losses as a percentage weighted average Mortgage Rate of the Cut-Off Date Pool BalanceMortgage Loans as of the related Determination Date;
(xxiix) the number and aggregate unpaid principal balance of Mortgage Loans (except those Mortgage Loans that are liquidated as of the end of the preceding calendar month, related Prepayment Period) that were (as determined using the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent OTS method) (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance A) Delinquent (exclusive of Mortgage Loans in bankruptcy; 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 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;
(x) the Delinquency Percentage;
(xi) the total number and cumulative principal balance of all Liquidated Mortgage Loans as of the Close of Business of the last day of the preceding Prepayment Period, prior to the reduction of each principal balance to zero;
(xii) 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;
(xiii) 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;
(xiv) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the number and cumulative amount of Realized Losses;
(xv) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xvi) the Certificate Principal Balance of Mortgage Loans which are REO Propertyeach Class of Class A Certificates, each separately set forth)class of Mezzanine Certificates and the Class C Certificates, before and after giving effect to the distributions made on such Distribution Date;
(xvii) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, each class of Mezzanine Certificates and the Class 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;
(xviii) 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 3.26;
(xix) the Senior Credit Enhancement Percentage for such Distribution Date;
(xx) the Net WAC Rate Carryover Amount for each class of Class A Certificates and each class of Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xxi) the amount of any Net Swap Payments or Swap Termination Payments (a) due from the Trust and (b) due from the Swap Provider;
(xxii) for whether the Distribution Stepdown Date or a Trigger Event is in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan Accounteffect;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by total cashflows received (including amounts received from the Servicer during Supplemental Interest Trust Trustee under the related Due Period (as reported by the ServicerInterest Rate Swap Agreement);
(xxiv) the amount of Net Rate Cap Carryover distributed respective Pass-Through Rates applicable to each Class of Offered Class A Certificates, each Class of Mezzanine Certificates (other than and the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, C Certificates for such Distribution Date and the amount Pass-Through Rate applicable to each Class of Net Rate Cap Carryover remaining Class A Certificates and each class of Mezzanine Certificates for each such Classthe immediately succeeding Distribution Date;
(xxv) the amount on deposit in the Net WAC Rate Cap Fund, and the amounts of each deposit and withdrawal from such Carryover Reserve Account; and
(xxvi) for each Pre-Funding Distribution the applicable Record Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available Accrual Period and Determination Date for calculating distributions for such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off Date. The Trustee will make the Remittance Report 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 parties to this Agreement Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇w▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are 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 Remittance Reports 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 Remittance Report 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 heretothereto).
. In the case of information furnished pursuant to subclauses (bi) Within through (iii) above, the amounts shall be expressed in a reasonable period separate section of time after the end report as a dollar amount for each Class for each $1,000 original dollar amount as of each calendar yearthe Cut-off Date. In addition, the Trustee shall 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 Holder 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 (iii) and (iv) 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 that substantially comparable information shall be prepared and furnished by known to the Trustee and if applicable, material modifications, extensions or waivers to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution DateMortgage Loan terms, the Trustee shall make available to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together with such other information as the Trustee deems necessary fees, penalties 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 payments during the preceding 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 month or applicable portion thereof during which such Person was a Class R Certificateholderthat have become material over time. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the For all purposes of this Agreement, all such reports or with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and reported by the Trustee shall 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 entitled Delinquent with respect to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, a Monthly Payment due on a Due Date if such reports are Monthly Payment is not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished made by the Servicer pursuant to this Agreement shall be deemed confidential and close of a proprietary naturebusiness on the Mortgage Loan's next succeeding Due Date, and shall a Mortgage Loan would be more than 30-days Delinquent with respect to such Monthly Payment if such Monthly Payment were not be copied or distributed except made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the extent required Depositor that it is not subject to any delinquency recognition policy established by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreementits 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) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireServicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Swap Provider, the Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date (the “Remittance ReportMonthly Statement”) containing the information set forth below with respect to such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:):
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iiiiv) the amount any fees and expenses of the distribution set forth in paragraph (i) above in respect of interest Trust accrued and the amount thereof in respect of any Class Interest Carryover Shortfall, paid on such Distribution Date and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the amount of the distribution set forth in paragraph (i) above in respect of principal to whom such fees and the amount thereof in respect of the Class Principal Carryover Shortfall, and any remaining Class Principal Carryover Shortfallexpenses were paid;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period (including the general purpose of such Advances);
(vi) the Servicing Fee and the Trustee Fee (including the separate amounts payable to each of the Trustee and its Custodian);
(vii) the Pool Balance as of the close of business on the last day of the preceding Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal above;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and the calculation thereof;
(xi) the aggregate amount of Principal Prepayments interest and scheduled principal received during or advanced by the related Prepayment Period;
(xii) the amount of all Curtailments that were received during the Due Period;
(xiii) the principal portion of all Monthly Payments received during the Due Period;
(xiv) the interest portion of all Monthly Payments received on the Mortgage Loans during the Due Period;
(xv) the amount of the Monthly Advances and the Compensating Interest payment Servicer with respect to be made on the Determination Date;
(xvi) the amount to be distributed to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for the Distribution Date;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due Period;
(xviiivii) with respect to each Loan Group, the amount of all payments or reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer);
(xix) the number of Mortgage Loans outstanding related group balance at the beginning and Close of Business at the end of the related Due Period;
(xxviii) the amount of Liquidation Loan Losses experienced during the preceding Due Period number, aggregate principal balance, weighted average remaining term to maturity and the Cumulative Net Losses as a percentage weighted average Mortgage Rate of the Cut-Off Date Pool BalanceMortgage Loans as of the related Determination Date;
(xxiix) the number and aggregate unpaid principal balance of Mortgage Loans (except those Mortgage Loans that are liquidated as of the end of the preceding calendar month, related Prepayment Period) that were (as determined using the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent OTS method) (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance A) Delinquent (exclusive of Mortgage Loans in bankruptcy; 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 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;
(x) the Delinquency Percentage;
(xi) the total number and cumulative principal balance of all Liquidated Mortgage Loans as of the Close of Business of the last day of the preceding Prepayment Period, prior to the reduction of each principal balance to zero;
(xii) 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;
(xiii) 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;
(xiv) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the number and cumulative amount of Realized Losses;
(xv) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xvi) the Certificate Principal Balance of Mortgage Loans which are REO Propertyeach Class of Class A Certificates, each separately set forth)class of Mezzanine Certificates and the Class C Certificates, before and after giving effect to the distributions made on such Distribution Date;
(xvii) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, each class of Mezzanine Certificates and the Class 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;
(xviii) 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 3.26;
(xix) the Senior Credit Enhancement Percentage for such Distribution Date;
(xx) the Net WAC Rate Carryover Amount for each class of Class A Certificates and each class of Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xxi) the amount of any Net Swap Payments or Swap Termination Payments (a) due from the Trust and (b) due from the Swap Provider;
(xxii) for whether the Distribution Stepdown Date or a Trigger Event is in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan Accounteffect;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer)total cashflows received;
(xxiv) the amount of Net Rate Cap Carryover distributed respective Pass-Through Rates applicable to each Class of Offered Class A Certificates, each Class of Mezzanine Certificates (other than and the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, C Certificates for such Distribution Date and the amount Pass-Through Rate applicable to each Class of Net Rate Cap Carryover remaining Class A Certificates and each class of Mezzanine Certificates for each such Classthe immediately succeeding Distribution Date;
(xxv) (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 Net WAC Rate Cap Fund, and the amounts of each deposit and withdrawal from such Carryover Reserve Account; and
(xxvixxviii) for each Pre-Funding Distribution the applicable Record Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available Accrual Period and Determination Date for calculating distributions for such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off Date. The Trustee will make the Remittance Report 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 parties to this Agreement Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “▇w▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee’s 's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are 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 Remittance Reports 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 '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 Remittance Report 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 heretothereto). 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 shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Holder 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 (iv) 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 make available to the Class R Certificateholders in NIMS Insurer and the same manner as the Remittance Report is made available to all Residual Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer For each Distribution Date, through and including the Distribution Date in December 2006, the Trustee shall furnish 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 Seller and each Certificateholder (if requested in writing)Trustee, during shall obtain the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall financial information required to be necessary, reasonable or appropriate with respect delivered by the Swap Provider pursuant to the Certificateholder 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 otherwise with respect to the purposes of this Agreementgreater than 10%, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled promptly notify the Depositor and the Depositor shall, within 5 Business Days of such Distribution Date, deliver to be reimbursed the Trustee the financial information provided to it by such Certificateholder the Swap Provider for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced inclusion in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by Form 10-D relating to such Distribution Date. If on any Distribution Date after December 2006, the Servicer pursuant Significance Percentage is greater than 10%, the Trustee shall include the Significance Percentage on the statement to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreementrelated 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) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, based on the Servicer shall deliver to Mortgage Loan information contained in the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due PeriodRemittance Report, as applicable, and such other information as the Trustee shall reasonably require, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and post on its website at www.ctslink.com, a statement (the “Remittance Report”"Distribution Date Statement") containing the information set forth below with respect as to ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ns made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal, separately identified and the Certificate Rate for each amount of the distribution made on such Distribution Date to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges, Originator Prepayment Charge Payment Amounts and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates on allocable to interest or Class CE Distributable Amount, separately identified;
(iii) the Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency and the Targeted Overcollateralization Amount as of such Distribution Date and the Monthly Excess Interest Amount and Monthly Excess Cashflow Amount for such Distribution Date;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in respect of principal and Master Servicer during the amount thereof in respect of the Class Principal Carryover Shortfall, and any remaining Class Principal Carryover Shortfallrelated Collection Period;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Collection Period, cumulative unreimbursed Advances and Servicing Advances and cumulative Nonrecoverable Advances;
(vi) the Servicing Fee and Pool Balance, at the Trustee Fee (including close of business at the separate amounts payable to each end of the Trustee and its Custodian)related Collection Period;
(vii) the Pool Balance number, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Due Date;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 to 59 days past due on a contractual basis, (b) 60 to 89 days past due on a contractual basis, (c) 90 or more days past due on a contractual basis, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy as of the close of business on the last day of the calendar month preceding Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal abovesuch Distribution Date;
(ix) with respect to any Mortgage Loan that became an REO Property during the Overcollateralization Amount and preceding calendar month, the Required Overcollateralization Amount loan number of such Mortgage Loan, the unpaid Principal Balance of the REO Property as of the close of business on the Distribution Date, after giving effect to distributions last Business Day of principal on such Distribution Datecalendar month and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred 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 is continuing and cumulative principal balance of all REO Properties as of the calculation thereofclose of business of the last day of the preceding Collection Period;
(xi) separately stated for each Loan Group, the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) separately stated for each Loan Group, the aggregate amount of all Curtailments that were received Realized Losses incurred during the Due Periodrelated Collection Period and the cumulative amount of Realized Losses;
(xiii) the principal portion Certificate Principal Balance of all Monthly Payments received during each Class of Certificates, after giving effect to the Due Perioddistributions, 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 interest portion Accrued Certificate Interest in respect of all Monthly Payments received 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 the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the Monthly Advances and extent not covered by payments by the Compensating Interest payment Master Servicer pursuant to be made on the Determination DateSection 3.23;
(xvi) the amount to be distributed to of the Class P Certificates, Class BIO and Class R Certificateholders, respectively for the Distribution DateTrustee Fee paid;
(xvii) the weighted average Cap Carryover Amounts distributed on such Distribution Date, the amounts remaining term after giving effect to maturity of the Mortgage Loans distributions thereof on such Distribution Date and the weighted average Loan Rate as amount of all Cap Carryover Amounts covered by withdrawals from the first day of the related Due PeriodReserve Account on such Distribution Date;
(xviii) the amount of all payments or reimbursements any Overcollateralization Deficiency after giving effect to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)distribution of principal on such Distribution Date;
(xix) whether a Trigger Event has occurred and is continuing, and the number of Mortgage Loans outstanding at the beginning and at the end cumulative Realized Losses, as a percentage of the related Due Periodoriginal Pool Balance;
(xx) the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool BalanceAvailable Funds;
(xxi) as the rate at which interest accrues for each Class of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)Certificates for such Distribution Date;
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit information contained in the First Payment Loan AccountLiquidation Report for such Distribution Date;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified purchased by the Servicer Master Servicer, the Originator or the Seller during the related Due Prepayment Period (as reported by and indicating the Servicer)section of this Agreement requiring or allowing the purchase of each such Mortgage Loan;
(xxiv) the amount aggregate Principal Balance of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from Mortgage Loans repurchased by the cap provider Master Servicer during the related Prepayment Period in connection with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such ClassSection 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 deposit in each related Mortgage Note and the Net Rate Cap 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 amounts Mortgage Insurance Policy during the related Collection Period and the amount of each deposit and withdrawal from such Accountany 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
(xxvixxviii) for each Pre-Funding Distribution Date, the remaining amount in of Subsequent Recoveries received during the Pre-Funding Account. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Daterelated Prepayment Period. The Trustee 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 the case of information furnished pursuant to subclauses (iii), (iii), (ivii) and (vixiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 1,000 original dollar amount as of the related Cut-Off off Date. The Trustee will make the Remittance Report (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way Remittance Reports 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto).
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was a Holder 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 (iiii), (ii), (xiv) and (ivxvii) 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 make available forward to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders Certificateholder a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders Class R Certificateholder by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
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) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on the Mortgage Loan information as contained in the Remittance Report, the Trustee shall reasonably require(i) prepare and 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, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare a statement (as to the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds and the Certificate Rate for amount of the distribution made on such Distribution Date to the Holders of each Class for the related Distribution Dateof Certificates allocable to principal or reduction of Notional Amount, separately identified;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates on allocable to interest or Class X Distributable Amount, separately identified;
(iii) the Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency and the Overcollateralization Target Amount as of such Distribution Date and the Monthly Excess Interest Amount and Monthly Excess Cashflow Amount for such Distribution Date;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the amount of the distribution set forth in paragraph (i) above in respect of principal and the amount thereof in respect of the Class Principal Carryover Shortfall, and any remaining Class Principal Carryover Shortfall[reserved];
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Collection Period;
(vi) the Servicing Fee and Pool Balance at the Trustee Fee (including close of business at the separate amounts payable to each end of the Trustee and its Custodian)related Collection Period;
(vii) the Pool number, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Due Date;
(viii) the number and aggregate unpaid Principal Balance of Mortgage Loans (a) 30 to 59 days past due on a contractual basis, (b) 60 to 89 days past due on a contractual basis, (c) 90 or more days past due on a contractual basis, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy as of the close of business on the last day of the calendar month preceding Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal abovesuch Distribution Date;
(ix) with respect to any Mortgage Loan that became an REO Property during the Overcollateralization Amount preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Required Overcollateralization Amount 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, after giving effect to distributions and, cumulatively, the total number and cumulative principal balance of principal on such Distribution Date;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and all REO Properties as of the calculation thereofclose of business of the last day of the preceding Collection Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) the aggregate amount of all Curtailments that were received 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 Due Periodrelated Collection Period and the amounts thereof allocable to the Class N Certificates and the Class X Certificates;
(xiii) the principal portion aggregate amount of all Monthly Payments received Realized Losses incurred during the Due Periodrelated Collection Period and the cumulative amount of Realized Losses;
(xiv) the interest portion Certificate Principal Balance or Notional Amount, as applicable, of all Monthly Payments received each Class of Certificates, after giving effect to the distributions, and allocations of Realized Losses or Applied Realized Loss Amounts, as applicable, made on the Mortgage Loans during the Due Periodsuch 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, the Class B-3 Certificates and the Class 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 amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Dateany LIBOR Carryover Amounts;
(xvi) the aggregate amount to be distributed of any Prepayment Interest Shortfalls for such Distribution Date, to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for extent not covered by payments by the Distribution DateServicer pursuant to Section 3.23;
(xvii) the weighted average remaining term to maturity amount of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due PeriodTrustee Fee paid;
(xviii) the amount of all payments or reimbursements LIBOR Carryover Amounts distributed on such Distribution Date and the amounts remaining after giving effect to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)distributions thereof on such Distribution Date;
(xix) any Overcollateralization Deficiency after giving effect to the number distribution of Mortgage Loans outstanding at the beginning and at the end of the related Due Periodprincipal on such Distribution Date;
(xx) the amount of Liquidation Loan Losses experienced during the preceding Due Period whether a Trigger Event has occurred and is continuing, and the Cumulative Net Losses cumulative Realized Losses, as a percentage of the Cut-Off Date original Pool Balance;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)Available Funds;
(xxii) the rate at which interest accrues for the each Class of Certificates for such Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan AccountDate;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer)Liquidation Report for such Distribution Date;
(xxiv) the amount aggregate Principal Balance of Net Rate Cap Carryover distributed to each Class Mortgage Loans purchased by the Servicer or Seller during the related Collection Period and indicating the Section of Offered Certificates (other than this Agreement requiring or allowing the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount purchase of Net Rate Cap Carryover remaining for each such Class;Mortgage Loan; and
(xxv) the amount on deposit aggregate Principal Balance of the Mortgage Loans repurchased by the Servicer (or an affiliate) during the related Collection Period in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Accountconnection with Section 3.16. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 95 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 (ii), i) through (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 1,000 original dollar amount as of the related Cut-Off off Date. The Trustee will make the Remittance Report (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way Remittance Reports 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto).
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was a Holder 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 (iiii), (ii), (xv) and (ivxviii) 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 make available forward to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Residual Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Residual Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
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) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireServicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS Insurer, the Servicer, the Swap Provider and the Rating Agencies, a statement (as to the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the amount fees and expenses of the distribution set forth in paragraph (i) above in respect of principal Trust Fund accrued and the amount thereof in respect of the Class Principal Carryover Shortfall, paid on such Distribution Date and any remaining Class Principal Carryover Shortfallto whom such fees and expenses were paid;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period (including the general purpose of such Advances);
(vi) the Servicing Fee and the Trustee Fee (including the separate amounts payable to each of the Trustee and its Custodian);
(vii) the Pool Balance as of the close of business on the last day of the preceding Due Period;
(viii) the Class aggregate Principal Balance of each Class of Certificates after giving effect to payments allocated to principal above;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and the calculation thereof;
(xi) the aggregate amount of Principal Prepayments received during the related Prepayment Period;
(xii) the amount of all Curtailments that were received during the Due Period;
(xiii) the principal portion of all Monthly Payments received during the Due Period;
(xiv) the interest portion of all Monthly Payments received on the Mortgage Loans during the Due Period;
(xv) the amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date;
(xvi) the amount to be distributed to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for the Distribution Date;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate any REO Properties as of the first day of the related Due Period;
(xviii) the amount of all payments or reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer);
(xix) the number of Mortgage Loans outstanding at the beginning and at the end of the related Due Period;
(xxvii) the amount of Liquidation Loan Losses experienced during the preceding Due Period number, aggregate Stated Principal Balance, weighted average remaining term to maturity and the Cumulative Net Losses as a percentage weighted average Mortgage Rate of the Cut-Off Date Pool BalanceMortgage Loans as of the related Determination Date;
(xxiviii) the number and aggregate unpaid Stated Principal Balance of Mortgage Loans (not including a Liquidated Mortgage Loan as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent Prepayment Period) that were (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance A) Delinquent (exclusive of Mortgage Loans in bankruptcy; 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 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) the total number and cumulative Stated Principal Balance of Mortgage Loans all REO Properties as of the Close of Business of the last day of the calendar month preceding the related Distribution Date;
(x) 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 which are REO Propertywill include the cumulative amount of Realized Losses 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 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;
(xv) the Monthly Interest Distributable Amount in respect of each separately set forthClass of Floating Rate Certificates and the Class C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to each Class 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 Servicer pursuant to Section 3.24;
(xvii) the Net WAC Rate Carryover Amount for each Class of Floating Rate Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xviii) whether the Stepdown Date or a Trigger Event has occurred;
(xix) the total 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);
(xx) the respective Pass-Through Rates applicable to each Class of Floating Rate Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of 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) for the Distribution Date in April 2004 and May 2004, amount of any Net Swap Payments or Swap Termination Payments paid to the amount, if any, on deposit in the First Payment Loan Account;Swap Provider; and
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer);
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution applicable Record Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available Accrual Period and any other applicable determination dates for calculating distributions for such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off Date. The Trustee will make the Remittance Report 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 parties to this Agreement Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇w▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇1-▇▇▇▇866-846-4526. Parties that are 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 Remittance Reports 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 Remittance Report 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 heretothereto). In the case of information furnished pursuant to subclauses (i) and (ii) 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 shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Holder 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 (iiii) and (ivii) 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 make available to the Class R Certificateholders in NIMS Insurer and the same manner as the Remittance Report is made available to all Residual Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and On each Distribution Date, the Trustee shall furnish make available an updated electronic loan-level data tape to the DepositorBloomberg Financial Markets, the Seller Inc., Loan Performance and Intex Solutions in a format acceptable to each Certificateholder (if requested in writing)of Bloomberg Financial Markets, during the term of this AgreementInc., such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by Loan Performance and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary natureIntex Solutions, and shall not be copied or distributed except supply such electronic loan-level data tape to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of each Certificateholder who requests such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreementinformation.
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) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, based, as applicable, on information provided to it by the Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS Insurer, the Servicer shall deliver and the Rating Agencies, a statement as to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses distributions made on such Distribution Date:
(i) through the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular 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 Servicer Prepayment Charge Payment Amounts;
(xxviii) below 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 fees and expenses of the Trust Fund accrued and paid on such Distribution Date and to whom such fees and expenses were paid;
(v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances);
(vi) the aggregate Principal Balance of the Mortgage Loans and any REO Properties as of the end of the preceding Prepayment Period or relted Due Period;
(vii) the number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date;
(viii) the number and aggregate unpaid 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 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 applicable, and such other information well as the Trustee shall reasonably require, aggregate principal balance of Mortgage Loans that were liquidated and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare a statement (the “Remittance Report”) containing the information set forth below with respect to such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:net proceeds resulting therefrom;
(iix) Available Funds the total number and cumulative Stated Principal Balance of all REO Properties as of the Certificate Rate for each Class for Close of Business of the last day of the calendar month preceding the related Distribution Date;
(iix) the aggregate amount of Principal Prepayments made during the distribution to 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 Losses 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 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;
(iiixv) the amount of the distribution set forth in paragraph (i) above Monthly Interest Distributable Amount in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the amount of the distribution set forth in paragraph (i) above in respect of principal and the amount thereof in respect of the Class Principal Carryover Shortfall, and any remaining Class Principal Carryover Shortfall;
(v) the amount of Excess Interest paid as principal;
(vi) the Servicing Fee and the Trustee Fee (including the separate amounts payable to each of the Trustee and its Custodian);
(vii) the Pool Balance as of the close of business on the last day of the preceding Due Period;
(viii) the Class Principal Balance of each Class of Class A Certificates, Mezzanine Certificates after giving effect and the Class C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to payments allocated to principal aboveeach Class of Class A Certificates, Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(ixxvi) the Overcollateralization Amount and the Required Overcollateralization Amount as aggregate amount of the close of business on the any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Servicer pursuant to Section 3.24;
(xvii) the Net WAC Rate Carryover Amount for each Class of Class A and Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after giving effect to distributions of principal reimbursements therefor on such Distribution Date;
(xxviii) whether a Cumulative Loss Event the Stepdown Date or a Delinquency Trigger Event has occurred and is continuing and the calculation thereof;
(xi) the aggregate amount of Principal Prepayments received during the related Prepayment Period;
(xii) the amount of all Curtailments that were received during the Due Period;
(xiii) the principal portion of all Monthly Payments received during the Due Period;
(xiv) the interest portion of all Monthly Payments received on the Mortgage Loans during the Due Period;
(xv) the amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date;
(xvi) the amount to be distributed to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for the Distribution Date;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due Period;
(xviii) the amount of all payments or reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)occurred;
(xix) the number of Mortgage Loans outstanding at total cashflows received and the beginning and at the end of the related Due Periodgeneral sources thereof;
(xx) the amount respective Pass-Through Rates applicable to each Class of Liquidation Loan Losses experienced during the preceding Due Period Class A Certificates, Mezzanine Certificates and the Cumulative Net Losses as a percentage Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Class A and Mezzanine Certificates for the Cut-Off Date Pool Balanceimmediately succeeding Distribution Date;
(xxi) as the amount of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquentany Net Swap Payments or Swap Termination Payments; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth);and
(xxii) the applicable Record Dates, Accrual Periods and Determination Dates for the calculating distributions for such Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan Account;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer);
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off Date. The Trustee will make the Remittance Report 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 parties to this Agreement Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/invr”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are 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 Remittance Reports 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 Remittance Report 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 heretothereto). In the case of information furnished pursuant to subclauses (i) and (ii) 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 shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Holder 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 (iiii) and (ivii) 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 make available to the Class R Certificateholders in NIMS Insurer and the same manner as the Remittance Report is made available to all Residual Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
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) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, 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 Servicers) the Trust Administrator shall prepare and such other information as make available to each Holder of the Trustee shall reasonably requireRegular Certificates, each Servicer, the Credit Risk Manager and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge ScheduleRating Agencies, if required, at such time. Not later than each Distribution Date the Trustee shall prepare a statement (as to the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the amount fees and expenses of the distribution set forth in paragraph (i) above in respect of principal Trust Fund accrued and the amount thereof in respect of the Class Principal Carryover Shortfall, paid on such Distribution Date and any remaining Class Principal Carryover Shortfallto whom such fees and expenses were paid;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period (including the general purpose of such Advances);
(vi) the Servicing Fee and the Trustee Fee (including the separate amounts payable to each of the Trustee and its Custodian);
(vii) the Pool Balance as of the close of business on the last day of the preceding Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal above;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and the calculation thereof;
(xi) the aggregate amount of Principal Prepayments received during the related Prepayment Period;
(xii) the amount of all Curtailments that were received during the Due Period;
(xiii) the principal portion of all Monthly Payments received during the Due Period;
(xiv) the interest portion of all Monthly Payments received on the Mortgage Loans during the Due Period;
(xv) the amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date;
(xvi) the amount to be distributed to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for the Distribution Date;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due Period;
(xviii) the amount of all payments or reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer);
(xix) the number of Mortgage Loans outstanding at the beginning and Close of Business at the end of the related Due Period;
(xxvii) the amount of Liquidation Loan Losses experienced during the preceding Due Period number, aggregate Stated Principal Balance, weighted average remaining term to maturity and the Cumulative Net Losses as a percentage weighted average Mortgage Rate of the Cut-Off Date Pool BalanceMortgage Loans as of the related Determination Date;
(xxiviii) the number and aggregate unpaid Stated Principal Balance of Mortgage Loans (not including a Liquidated Mortgage Loan as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent Prepayment Period) that were (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance A) Delinquent (exclusive of Mortgage Loans in bankruptcy; 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 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) the total number and cumulative Stated Principal Balance of Mortgage Loans all REO Properties as of the Close of Business of the last day of the calendar month preceding the related Distribution Date;
(x) 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 aggregate amount of Realized Losses incurred during the related Prepayment Period, which are REO Propertywill 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 Subsequent Recoveries received since the Closing Date;
(xii) 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 separately set forthClass of Floating Rate Certificates and the Class C Certificates, before and after giving effect to the distributions made on such Distribution Date;
(xiv) the Monthly Interest Distributable Amount in respect of the Floating Rate Certificates and the Class C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Floating Rate Certificates for such Distribution Date;
(xv) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the related Servicer pursuant to Section 3.24 or pursuant to the related Servicing Agreement;
(xvi) the Credit Enhancement Percentage for such Distribution Date;
(xvii) the Net WAC Rate Carryover Amount for the Floating Rate Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xviii) 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;
(xix) the total 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);
(xx) the respective Pass-Through Rates applicable to the Floating Rate Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to the 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) for the Distribution Date in April 2004 and May 2004, amount of any Net Swap Payments or Swap Termination Payments paid to the amount, if any, on deposit in the First Payment Loan Account;Swap Provider; and
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer);
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution applicable Record Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available Accrual Period and any other applicable determination dates for calculating distributions for such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off Date. The Trustee Trust Administrator will make the Remittance Report 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 parties to this Agreement Rating Agencies via the TrusteeTrust Administrator’s internet website. The TrusteeTrust Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the TrusteeTrust Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee Trust Administrator shall have the right to change the way Remittance Reports 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 TrusteeTrust Administrator’s internet website, the Trustee Trust Administrator may require registration and the acceptance of a disclaimer. The Trustee Trust Administrator will not be liable for the dissemination of information in accordance with this Agreement. The Trustee 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 Remittance Report 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 heretothereto). In the case of information furnished pursuant to subclauses (i) and (ii) 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 shall Trust Administrator shall, upon written request, furnish to each Person who at any time during the calendar year was a Holder 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 (iiii) and (ivii) 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 make available to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Residual Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person Trust Administrator pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
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) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer Trustee shall deliver prepare and make available to each Holder of the Regular Certificates, the Servicer, the NIMS Insurer, the indenture trustee under the Indenture and the Rating Agencies a statement by electronic medium (as set forth in the penultimate paragraph of this Section 4.03(a)), based on information provided to the Trustee by electronic means a computer file containing the loan level information necessary to permit Servicer or the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due PeriodSwap Counterparty, as applicable, and such other information as to the Trustee shall reasonably require, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare a statement (the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the record dates, the accrual period, the determination date and the Certificate Rate for each Class for the related Distribution Datedistribution date;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates on such Distribution Dateallocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts;
(iii) the amount of the distribution set forth in paragraph made on such Distribution Date to the Holders of each Class of Regular Certificates (i) above in respect of other than the Class P Certificates), allocable to interest and the amount thereof in respect of any Class Interest Carryover ShortfallPass-Through Rates, and the amount of any Class Interest Carryover Shortfall remainingseparately identified;
(iv) the amount of Overcollateralized Amount, the distribution set forth in paragraph (i) above in respect of principal Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the amount thereof in respect Overcollateralization Target Amount as of such Distribution Date and the Class Principal Carryover Shortfall, and any remaining Class Principal Carryover ShortfallExcess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(v) by Loan Group and in the aggregate amount of Excess Interest paid servicing compensation received by the Servicer with respect to the related Due Period and such other customary information as principalthe Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(vi) the Servicing Fee Group I Interest Remittance Amount and the Trustee Fee (including Group II Interest Remittance Amount and the separate amounts payable to each of Group I Principal Remittance Amount and the Trustee and its Custodian)Group II Principal Remittance Amount for such Distribution Date;
(vii) the Pool Balance as of the close of business on the last day of the preceding Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal above;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and the calculation thereof;
(xi) the aggregate amount of Principal Prepayments received during the related Prepayment Period;
(xii) the amount of all Curtailments that were received during the Due Period;
(xiii) the principal portion of all Monthly Payments received during the Due Period;
(xiv) the interest portion of all Monthly Payments received on the Mortgage Loans during the Due Period;
(xv) the amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date;
(xvi) the amount to be distributed to the Class P Certificates, Class BIO and Class R Certificateholders, respectively Servicing Advances for the Distribution Date;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due Period;
(xviii) , the amount of all payments or reimbursements to the Servicer pursuant to Sections 3.03(ii) unrecovered Advances and (vi) (as reported by the Servicer);
(xix) the number of Mortgage Loans outstanding at the beginning and at the end of the related Due Period;
(xx) the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool Balance;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth);
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan Account;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer);
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ Advances (after giving effect to Advances and ▇▇▇▇▇▇▇▇) ▇ Advances made on the Distribution Date) outstanding and the amount of Nonrecoverable Advances and Servicing Advances for such Distribution Date;
(viii) the number and aggregate Stated Principal Balance of the Group I Mortgage Loans, the Group II Mortgage Loans and all Mortgage Loans at the Close of Business at the end of the related Due Period and at the beginning of the related Due Period;
(ix) 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;
(x) by Loan Group and in the aggregate, the number and aggregate unpaid principal balance of Mortgage Loans (a) delinquent 30‑59 days, (b) delinquent 60‑89 days, (c) delinquent 90-119 days and (d) 120 or more days in each case, as of the last day of the preceding calendar month provided, however that any aggregate unpaid principal balance of Mortgage Loans shall be reported as of the last day of the related Due Period, (d) as to which foreclosure proceedings have been commenced and (e) with respect to which the related Mortgagor has filed for protection under applicable bankruptcy laws, with respect to whom bankruptcy proceedings are pending or with respect to whom bankruptcy protection is in force;
(xi) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(xii) 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;
(xiii) by Loan Group and in the aggregate, the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xiv) by Loan Group and in the aggregate, the aggregate amount of principal and interest Realized Losses incurred during the related Prepayment Period and the cumulative amount of principal and interest Realized Losses;
(xv) the aggregate amount of Extraordinary Trust Fund Expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date;
(xvi) the Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates, before and after giving effect to the distributions made on such Distribution Date, and the Notional Amount of the Class C Certificates, after giving effect to the distributions made on such Distribution Date;
(xvii) the Monthly Interest Distributable Amount in respect of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates and the Mezzanine Certificates for such Distribution Date;
(xviii) by Loan Group and in the aggregate, the aggregate amount of any Net Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Servicer pursuant to Section 3.24, and the aggregate amount of any Relief Act Interest Shortfalls for such Distribution Date;
(xix) the Credit Enhancement Percentage for such Distribution Date;
(xx) the related 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;
(xxi) the Trustee Fee, the Servicer Fee and the PMI Insurer Fee on such Distribution Date;
(xxii) whether a Stepdown Date or a Trigger Event has occurred;
(xxiii) the Available Funds;
(xxiv) 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;
(xxv) by Loan Group and in the aggregate, the Principal Balance of Mortgage Loans repurchased by the Seller;
(xxvi) any other information that is required by the Code and regulations thereunder to be made available to Certificateholders;
(xxvii) the amount on deposit in the Reserve Fund;
(A) the dollar 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), (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 (C) the amount of coverage remaining under the PMI Policy;
(A) the dollar amount of claims made under the PMI Policy that were denied during the related Prepayment Period (and the number of Mortgage Loans to which such denials related) and (B) the aggregate dollar amount of claims made under the PMI Policy that were denied since the Cut-off Date (and the number of Mortgage Loans to which such denials related);
(xxx) the amount of Subsequent Recoveries and Gross Subsequent Recoveries for the related Prepayment Period and the cumulative amount of Subsequent Recoveries and Gross Subsequent Recoveries in the aggregate and for each of Loan Group I and Loan Group II;
(xxxi) the Group I Swap Payment, the Group II Swap Payment, the Swap Payment, the Counterparty Payment, the Group I Net Swap Payment, the Group II Net Swap Payment, the Net Swap Payment and the Net Counterparty Payment for such Distribution Date; the Group I Swap Termination Payment paid on such Distribution Date, the Group II Swap Termination Payment paid on such Distribution Date, the Swap Termination Payment and the Swap Termination Payment remaining unpaid from prior Distribution Dates, and in each case whether payable by the Supplemental Interest Trust Trustee or by the Swap Counterparty; and any Counterparty Payments unpaid from prior Distribution Dates; and
(xxxii) the Group I Final Maturity Reserve Amount, the Group II Final Maturity Reserve Amount, the Supplemental Final Maturity Reserve Amount, the Aggregate Final Maturity Reserve Amount and the aggregate amount on deposit in the Final Maturity Reserve Account for such Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off Date. The Trustee will make the Remittance Report such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders Certificateholders, the Servicer, the NIMS Insurer, the Swap Counterparty and the parties to this Agreement Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇.▇▇▇”/invr. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇1‑800‑735‑7777. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way Remittance Reports 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 In the case of information furnished pursuant to access the Trustee’s internet websitesubclauses (i) through (iii) above, the Trustee may require registration and amounts shall be expressed in a separate section of the acceptance report as a dollar amount for each Class for each $1,000 original dollar amount as 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto)Closing Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall shall, upon written request, furnish to each Person who at any time during the calendar year was a Holder 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 (iiii) and through (ivii) 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 make available forward to the Class R Certificateholders in Holders of the same manner as Residual Certificates and the Remittance Report is made available to all Certificateholders NIMS Insurer a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 CertificateholderHolder of a Residual Certificate, 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 CertificateholderHolder of a Residual Certificate. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and On each Distribution Date the Trustee shall furnish 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 Depositor, the Seller Trustee and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainableBloomberg.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Long Beach Mortgage Loan Trust 2006-8), Pooling and Servicing Agreement (Long Beach Mortgage Loan Trust 2006-6)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Period, as applicable, and such other information as the Trustee shall reasonably require, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare a statement (the “Remittance Report”) containing the information set forth below with respect to such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds and the each Class’ Certificate Rate for each Class for the related Distribution Date;
(ii) the aggregate amount of the distribution to each Class of Certificates on such Distribution Date;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the amount of the distribution set forth in paragraph (i) above in respect of principal and the amount thereof in respect of the Class Principal Carryover Shortfall, and any remaining Class Principal Carryover Shortfall;
(v) the amount of Excess Interest paid as principal;
(vi) the Servicing Fee and the Trustee Fee (including the separate amounts payable to each of the Trustee and its Custodian);
(vii) the Pool Balance as of the close of business on the last day of the preceding Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal above;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and the calculation thereof;
(xi) the aggregate amount of Principal Prepayments received during the related Prepayment Period;
(xii) the amount of all Curtailments that were received during the Due Period;
(xiii) the principal portion of all Monthly Payments received during the Due Period;
(xiv) the interest portion of all Monthly Payments received on the Mortgage Loans during the Due Period;
(xv) the amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date;
(xvi) the amount to be distributed to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for the Distribution Date;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due Period;
(xviii) the amount of all payments or reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer);
(xix) the number of Mortgage Loans outstanding at the beginning and at the end of the related Due Period;
(xx) the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool Balance;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth);
(xxii) for the Distribution Date Dates in April 2004 July 2003 and May 2004August 2003, the amount, if any, on deposit in the First Payment Loan Account;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer);
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap AgreementsAgreement, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 1,000 original dollar amount as of the related Cut-Off Date. The Trustee will make the Remittance Report (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders Certificateholders, and the parties to this Agreement via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way Remittance Reports 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto).
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was a Holder 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 (iii) and (iv) 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 make available forward to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons Trustee or and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Home Equity Loan Asset-Backed Certificates Series 2003-2), Pooling and Servicing Agreement (Home Equity Loan Asset-Backed Certificates Series 2003-2)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireServicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS Insurer, the Servicer and the Rating Agencies, a statement (as to the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (other than the Class P Certificates) allocable to interest, separately identified;
(iii) the Overcollateralized 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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period;
(vi) the Servicing Fee and Pool Balance at the Trustee Fee (including Close of Business at the separate amounts payable to each end of the Trustee and its Custodian)related Due Period;
(vii) the Pool Balance number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the close related Determination Date and the number and aggregate Stated Principal Balance of business on all Subsequent Mortgage Loans added during the last day of the preceding Due Funding Period;
(viii) the Class number and aggregate unpaid 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 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 Class case as of Certificates after giving effect to payments allocated to 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 abovebalance of Mortgage Loans that were liquidated and the net proceeds resulting therefrom;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date[reserved];
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred the total number and is continuing and cumulative Stated Principal Balance of all REO Properties as of the calculation thereofClose of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part;
(xii) the aggregate amount of all Curtailments that were Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses and the aggregate amount of Subsequent Recoveries received during the Due Periodrelated Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date;
(xiii) the principal portion aggregate amount of all Monthly Payments received during extraordinary Trust Fund expenses withdrawn from the Due PeriodCollection Account for such Distribution Date;
(xiv) the interest portion Certificate Principal Balance of all Monthly Payments received each Class of Adjustable-Rate Certificates and the Class C Certificates, after giving effect to the distributions made on the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the amount Monthly Interest Distributable Amount in respect of the Monthly Advances each Class of Adjustable-Rate Certificates and the Compensating Class C Certificates for such Distribution Date and the Unpaid Interest payment Shortfall Amount, if any, with respect to be made on each Class of Adjustable-Rate Certificates and the Determination Class C Certificates for such Distribution Date;
(xvi) the aggregate amount to be distributed of any Prepayment Interest Shortfalls for such Distribution Date, to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for extent not covered by payments by the Distribution DateServicer pursuant to Section 3.24;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due PeriodCredit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for each Class of Adjustable-Rate Certificates, if any, for such Distribution Date and the amount of all payments or remaining unpaid after reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the number distribution of Mortgage Loans outstanding at the beginning and at the end of the related Due Periodprincipal on such Distribution Date;
(xx) when the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as Stepdown Date or a percentage of the Cut-Off Date Pool BalanceTrigger Event has occurred;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)Available Funds;
(xxii) the respective Pass-Through Rates applicable to each Class of Adjustable-Rate Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Adjustable-Rate Certificates for the immediately succeeding Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan AccountDate;
(xxiii) payments, if any, made under the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer)Cap Contract;
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report to Accounts and the Servicer, Interest Coverage Accounts; and
(xxv) for the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) distribution occurring on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by Date immediately following the Servicer. In end of the case of information furnished pursuant to subclauses (ii), (iii), (iv) and (vi) aboveFunding Period, the amounts shall be expressed balance on deposit in a separate section of the report 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 dollar amount for each Class for each $1 original dollar amount as mandatory distribution of the related Cut-Off principal, if any, on such Distribution Date. The Trustee will make the Remittance Report 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 parties to this Agreement Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “h▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are 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 Remittance Reports 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 Remittance Report 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 heretothereto). 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 shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Holder 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 (iiii) and (ivii) 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 make available to the Class R Certificateholders in NIMS Insurer and the same manner as the Remittance Report is made available to all Residual Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
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) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireMaster Servicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date 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 “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds 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 Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Master Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period;
(vi) the Servicing Fee and Pool Balance at the Trustee Fee (including Close of Business at the separate amounts payable to each end of the Trustee and its Custodian)related Due Period;
(vii) the Pool Balance number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the close related Determination Date and the number and aggregate principal balance of business on the last day of all Subsequent Mortgage Loans added during the preceding Due Prepayment Period;
(viii) the Class Principal Balance 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 Class case as of Certificates after giving effect to payments allocated to principal abovethe 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 Overcollateralization Amount preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Required Overcollateralization Amount Principal Balance of such Mortgage Loan as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Datedate it became an REO Property;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred the total number and is continuing and cumulative principal balance of all REO Properties as of the calculation thereofClose of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) the aggregate amount of all Curtailments that were received Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the principal portion aggregate amount of all Monthly Payments received during extraordinary Trust Fund expenses withdrawn from the Due PeriodCollection Account for such Distribution Date;
(xiv) the interest portion Certificate Principal Balance of all Monthly Payments received 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 the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the amount Monthly Interest Distributable Amount in respect of the Monthly Advances Class A Certificates, the Mezzanine Certificates, the Class C Certificates and the Compensating Class S Certificates for such Distribution Date and the Unpaid Interest payment Shortfall Amount, if any, with respect to be made on the Determination Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount to be distributed of any Prepayment Interest Shortfalls for such Distribution Date, to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for extent not covered by payments by the Distribution DateMaster Servicer pursuant to Section 3.26;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due PeriodCredit 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 of all payments or remaining unpaid after reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the number distribution of Mortgage Loans outstanding at the beginning and at the end of the related Due Periodprincipal on such Distribution Date;
(xx) when the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as Stepdown Date or a percentage of the Cut-Off Date Pool BalanceTrigger Event has occurred;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)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 in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan AccountDate;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer);
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap FundPre-Funding Account, the Interest Coverage Account and the amounts of each deposit and withdrawal from such AccountReserve Fund; and
(xxvixxiv) for each Pre-the distribution occurring on the Distribution Date immediately following the end of the related Funding Distribution DatePeriod, the remaining amount balance on deposit in the Pre-Funding Account. The Trustee shall make available such report Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report Class A Certificates as a dollar amount for each Class for each $1 original dollar amount as mandatory prepayment of the related Cut-Off principal, if any, on such Distribution Date. The Trustee will make the Remittance Report such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement Rating Agencies via the Trustee’s 's internet websitewebsite and its fax-on-demand service. The Trustee’s internet website shall initially 's fax-on- demand service may be located at “accessed by calling (301) 815-6610. The Trustee's intern▇▇▇.▇ ▇▇▇▇▇▇▇.▇ ▇▇▇”ll initially be located at "www.ctslink.com". Assistance in using usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇r the website fax-on-demand service can be obtained by calling the Trustee’s 's customer service desk at (▇▇▇301) ▇▇▇815-▇▇▇▇6600. Parties that are unable to use the 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 Remittance Reports 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 In the case of information furnished pursuant to access the Trustee’s internet websitesubclauses (i) through (iii) above, the Trustee may require registration and amounts shall be expressed in a separate section of the acceptance report as a dollar amount for each Class for each $1,000 original dollar amount as 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto)Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall shall, upon written request, furnish to each Person who at any time during the calendar year was a Holder 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 (iv) 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 make available forward to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
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) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, based, as applicable, on information provided to it by the Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS Insurer, the Servicer shall deliver and the Rating Agencies, a statement as to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses distributions made on such Distribution Date:
(i) through the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular 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 Servicer Prepayment Charge Payment Amounts;
(xxviii) below 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, 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 fees and expenses of the Trust Fund accrued and paid on such Distribution Date and to whom such fees and expenses were paid;
(v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances);
(vi) the aggregate Principal Balance of the Mortgage Loans and any REO Properties as of the end of the preceding Prepayment Period or relted Due Period, as applicable, and such other information as the Trustee shall reasonably require, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare a statement (the “Remittance Report”) containing the information set forth below with respect to such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds and the Certificate Rate for each Class for the related Distribution Date;
(ii) the aggregate amount of the distribution to each Class of Certificates on such Distribution Date;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the amount of the distribution set forth in paragraph (i) above in respect of principal and the amount thereof in respect of the Class Principal Carryover Shortfall, and any remaining Class Principal Carryover Shortfall;
(v) the amount of Excess Interest paid as principal;
(vi) the Servicing Fee and the Trustee Fee (including the separate amounts payable to each of the Trustee and its Custodian);
(vii) the Pool aggregate Principal Balance of any 2nd lien Mortgage Loans;
(viii) the number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the close related Determination Date and the number and aggregate Stated Principal Balance of business all Subsequent Mortgage Loans added during the Funding Period;
(ix) the number and aggregate unpaid 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 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 Due Period;
such Distribution Date and (viiiD) REO Properties, as well as the Class Principal Balance aggregate principal balance of each Class of Certificates after giving effect to payments allocated to principal above;
(ix) the Overcollateralization Amount Mortgage Loans that were liquidated and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Datenet proceeds resulting therefrom;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred the total number and is continuing and cumulative Stated Principal Balance of all REO Properties as of the calculation thereofClose of Business of the last day of the calendar month preceding the related Distribution Date;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part;
(xii) the amount of all Curtailments that were received during the Due PeriodDelinquency Percentage;
(xiii) the principal portion aggregate amount of all Monthly Payments Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses and the aggregate amount of Subsequent Recoveries received during the Due Periodrelated Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date;
(xiv) the interest portion aggregate amount of all Monthly Payments received on extraordinary Trust Fund expenses withdrawn from the Mortgage Loans during Collection Account or the Due PeriodDistribution Account for such Distribution Date;
(xv) the amount Certificate Principal Balance of the Monthly Advances each Class of Class A Certificates, Mezzanine Certificates and the Compensating Interest payment Class C Certificates, before and after giving effect to be the distributions, and allocations of Realized Losses, made on the Determination such Distribution Date;
(xvi) the amount to be distributed to Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine Certificates and the Class P C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to each Class of Class A Certificates, Mezzanine Certificates and the Class BIO and Class R Certificateholders, respectively C Certificates for the such Distribution Date;
(xvii) the weighted average remaining term aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to maturity of the Mortgage Loans and extent not covered by payments by the weighted average Loan Rate as of the first day of the related Due PeriodServicer pursuant to Section 3.24;
(xviii) the Net WAC Rate Carryover Amount for each Class of Class A Certificates and Mezzanine Certificates, if any, for such Distribution Date and the amount of all payments or remaining unpaid after reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)therefor on such Distribution Date;
(xix) whether the number of Mortgage Loans outstanding at Stepdown Date or a Trigger Event has occurred and the beginning and at the end of the related Due PeriodRealized Loss Percentage for such Distribution Date;
(xx) the amount of Liquidation Loan Losses experienced during the preceding Due Period total cashflows received and the Cumulative Net Losses as a percentage of general sources thereof (including amounts received from the Cut-Off Date Pool BalanceSupplemental 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) as the respective Pass-Through Rates applicable to each Class of the end of the preceding calendar monthClass A Certificates, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; Mezzanine Certificates and the number Class C Certificates for such Distribution Date and Principal Balance the Pass-Through Rate applicable to each Class of Mortgage Loans which are REO Property, each separately set forth)Class A Certificates and Mezzanine Certificates for the immediately succeeding Distribution Date;
(xxii) for the Distribution Date in April 2004 and May 2004, the amountpayments, if any, on deposit in made under the First Payment Loan AccountInterest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract;
(xxiii) the number and aggregate Principal Balance amount of Mortgage Loans, other than Mortgage Loans in default any Net Swap Payments or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer)Swap Termination Payments;
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates)applicable Record Dates, stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, Accrual Periods and the amount of Net Rate Cap Carryover remaining Determination Dates for each calculating distributions for such ClassDistribution Date;
(xxv) the amount on deposit in the Net Rate Cap Fund, Pre-Funding Accounts and the amounts of each deposit and withdrawal from such AccountInterest Coverage Accounts; and
(xxvi) for each the distribution occurring on the Distribution Date immediately following the end of the Funding Period, the balance on deposit in the Group I Pre-Funding Distribution Date, Account and/or the remaining amount in the Group II Pre-Funding Account. The Trustee shall make available such report 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 Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report related Class A Certificates as a dollar amount for each Class for each $1 original dollar amount as mandatory distribution of the related Cut-Off principal, if any, on such Distribution Date. The Trustee will make the Remittance Report 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 parties to this Agreement Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “h▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are 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 Remittance Reports 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 Remittance Report 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 heretothereto). 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) and (ii) 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 shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Holder 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 (iiii) and (ivii) 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 make available to the Class R Certificateholders in NIMS Insurer and the same manner as the Remittance Report is made available to all Residual Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
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. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireMaster Servicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available by electronic medium (as set forth in the penultimate paragraph of this Section 4.03(a)) to each Holder of the Regular Certificates, the Trustee, the Master Servicer, the NIMS Insurer and the Rating Agencies, a statement (as to the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Master Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the amount of Excess Interest paid as principalreserved;
(vi) the Servicing Fee and the Trustee Fee (including the separate amounts payable to each of the Trustee and its Custodian);
(vii) the Pool Balance as of the close of business on the last day of the preceding Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal above;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and the calculation thereof;
(xi) the aggregate amount of Principal Prepayments received during the related Prepayment Period;
(xii) the amount of all Curtailments that were received during the Due Period;
(xiii) the principal portion of all Monthly Payments received during the Due Period;
(xiv) the interest portion of all Monthly Payments received on the Mortgage Loans during the Due Period;
(xv) the amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date;
(xvi) the amount to be distributed to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for the Distribution Date;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due Period;
(xviiivii) the amount aggregate Stated Principal Balance of all payments or reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer);
(xix) the number of Mortgage Loans outstanding at the beginning and Close of Business at the end of the related Due Period;
(xxviii) the amount of Liquidation Loan Losses experienced during the preceding Due Period number, aggregate principal balance, weighted average remaining term to maturity and the Cumulative Net Losses as a percentage weighted average Mortgage Rate of the Cut-Off Date Pool BalanceMortgage Loans as of the related Determination Date;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth);
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan Account;
(xxiiiix) the number and aggregate unpaid principal balance of Mortgage Loans (a) delinquent 30-59 days, (b) delinquent 60-89 days, (c) delinquent 90 or more days in each case, as of the last day of the preceding calendar month provided, however that any aggregate unpaid principal balance of Mortgage Loans shall be reported as of the last day of the related Due Period, (d) as to which foreclosure proceedings have been commenced and (e) with respect to which the related Mortgagor has filed for protection under applicable bankruptcy laws, with respect to whom bankruptcy proceedings are pending or with respect to whom bankruptcy protection is in force;
(x) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the unpaid principal balance and the Principal Balance of such Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by Loan as of the Servicer date it became an REO Property;
(xi) 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;
(xii) the aggregate amount of Principal Prepayments made during the related Due Period (as reported by the Servicer)Prepayment Period;
(xxivxiii) the aggregate amount of Net Rate Cap Carryover distributed to each Class Realized Losses incurred during the related Prepayment Period and the cumulative amount of Offered Certificates Realized Losses;
(other than xiv) the aggregate amount of Extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date;
(xv) the Certificate Principal Balance of the Class A-IO A Certificates), stating separately any amounts received from the cap provider Mezzanine Certificates and the Class C Certificates, after giving effect to the distributions made on such Distribution Date, and the Notional Amount of the Class C Certificates, after giving effect to the distributions made on such Distribution Date; (xvi) the Monthly Interest Distributable Amount in respect of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Interest Rate Cap Agreements, Class A Certificates and the amount of Net Rate Cap Carryover remaining Mezzanine Certificates for each such Class;
(xxv) the amount on deposit in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off Date. The Trustee will make the Remittance Report (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way Remittance Reports 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto).
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was a Holder 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 (iii) and (iv) 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 make available to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Long Beach Securities Corp Asset Back Certs Ser 2003-3)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireMaster Servicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available by electronic medium (as set forth in the penultimate paragraph of this Section 4.03(a)) to each Holder of the Regular Certificates, the Trustee, the Master Servicer, the NIMS Insurer and the Rating Agencies, a statement (as to the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Master Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the amount of Excess Interest paid as principalreserved;
(vi) the Servicing Fee and the Trustee Fee (including the separate amounts payable to each of the Trustee and its Custodian);
(vii) the Pool Balance as of the close of business on the last day of the preceding Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal above;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and the calculation thereof;
(xi) the aggregate amount of Principal Prepayments received during the related Prepayment Period;
(xii) the amount of all Curtailments that were received during the Due Period;
(xiii) the principal portion of all Monthly Payments received during the Due Period;
(xiv) the interest portion of all Monthly Payments received on the Mortgage Loans during the Due Period;
(xv) the amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date;
(xvi) the amount to be distributed to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for the Distribution Date;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due Period;
(xviiivii) the amount aggregate Stated Principal Balance of all payments or reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer);
(xix) the number of Mortgage Loans outstanding at the beginning and Close of Business at the end of the related Due Period;
(viii) 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;
(ix) the number and aggregate unpaid principal balance of Mortgage Loans (a) delinquent 30-59 days, (b) delinquent 60-89 days, (c) delinquent 90 or more days in each case, as of the last day of the preceding calendar month provided, however that any aggregate unpaid principal balance of Mortgage Loans shall be reported as of the last day of the related Due Period, (d) as to which foreclosure proceedings have been commenced and (e) with respect to which the related Mortgagor has filed for protection under applicable bankruptcy laws, with respect to whom bankruptcy proceedings are pending or with respect to whom bankruptcy protection is in force;
(x) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(xi) 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;
(xii) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xiii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses;
(xiv) the aggregate amount of Extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date;
(xv) the Certificate Principal Balance of the Class AV Certificates, the Mezzanine Certificates and the Class C Certificates, after giving effect to the distributions made on such Distribution Date, and the Notional Amount of the Class C Certificates, after giving effect to the distributions made on such Distribution Date; 105
(xvi) the Monthly Interest Distributable Amount in respect of the Class AV Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class AV Certificates and the Mezzanine Certificates for such Distribution Date;
(xvii) 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 3.24, and the aggregate amount of any Relief Act Interest Shortfalls for such Distribution Date;
(xviii) the Credit Enhancement Percentage for such Distribution Date;
(xix) the Net WAC Rate Carryover Amount for the Class AV Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xx) the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool BalanceTrustee Fee on such Distribution Date;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 whether a Stepdown Date or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)a Trigger Event has occurred;
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan AccountAvailable Funds;
(xxiii) the number respective Pass-Through Rates applicable to the Class AV Certificates, the Mezzanine Certificates and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during Class C Certificates for such Distribution Date and the related Due Period (as reported by Pass-Through Rate applicable to the Servicer)Class AV Certificates and the Mezzanine Certificates for the immediately succeeding Distribution Date;
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Classreserved;
(xxv) any other information that is required by the Code and regulations thereunder to be made available to Certificateholders;
(xxvi) the amount on deposit in the Net Rate Cap Reserve Fund, ;
(A) the dollar amount of payments received related to claims under the PMI Policy during the related Prepayment Period (and the amounts number of each deposit Mortgage Loans to which such payments related) and withdrawal from (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 Accountpayments related);
(A) the dollar amount of claims made under the PMI Policy that were denied during the related Prepayment Period (and the number of Mortgage Loans to which such denials related) and (B) the aggregate dollar amount of claims made under the PMI Policy that were denied since the Cut-off Date (and the number of Mortgage Loans to which such denials related); and
(xxvixxix) for each Pre-Funding such Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided of any payment made by the Servicer. In Cap Provider under the case of information furnished pursuant to subclauses (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off DateCap Agreement. The Trustee will make the Remittance Report 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 NIMS Insurer and the parties to this Agreement Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “▇▇▇.https://www.corporatetrust.db.com/i▇▇▇. ▇▇▇▇▇▇▇.▇▇▇ ▇▇ ▇▇▇”. Assistance in using the website can ▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇an be obtained by calling the Trustee’s 's customer service desk at (▇▇▇) ▇▇▇1-▇▇▇▇800-735-7777. Parties that are unable to use the un▇▇▇▇ ▇▇ ▇▇▇ ▇▇e 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 Remittance Reports 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 In the case of information furnished pursuant to access the Trustee’s internet websitesubclauses (i) through (iii) above, the Trustee may require registration and amounts shall be expressed in a separate section of the acceptance report as a dollar amount for each Class for each $1,000 original dollar amount as 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto)Closing Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall shall, upon written request, furnish to each Person who at any time during the calendar year was a Holder 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 (iv) 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 make available forward to the Class R Certificateholders in Holders of the same manner as Residual Certificates and the Remittance Report is made available to all Certificateholders NIMS Insurer a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 CertificateholderHolder of a Residual Certificate, 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 CertificateholderHolder of a Residual Certificate. Such obligation of the Trustee shall be deemed to have been satisfied to the extent 107 that substantially comparable information shall be prepared by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and On each Distribution Date the Trustee shall furnish 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 Depositor, the Seller Trustee and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainableBloomberg.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Long Beach Securities Corp Certs Series 2003-4)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, based on the Servicer shall deliver to Mortgage Loan information contained in the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due PeriodRemittance Report, as applicable, and such other information as the Trustee shall reasonably require, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and post on its website at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇, a statement (the “Remittance Report”"Distribution Date Statement") containing as to the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal or reduction of Principal Balance, separately identified and the Certificate Rate for each amount of the distribution made on such Distribution Date to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges, Servicer Prepayment Charge Payment Amounts and Transferor Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates on allocable to interest or Class CE Distributable Amount, separately identified;
(iii) the Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency and the Targeted Overcollateralization Amount as of such Distribution Date and the Monthly Excess Interest Amount and Monthly Excess Cashflow Amount for such Distribution Date;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in respect of principal and Servicer during the amount thereof in respect of the Class Principal Carryover Shortfall, and any remaining Class Principal Carryover Shortfallrelated Collection Period;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Collection Period, cumulative unreimbursed Advances and Servicing Advances and cumulative Nonrecoverable Advances;
(vi) the Servicing Fee and Pool Balance, at the Trustee Fee (including close of business at the separate amounts payable to each end of the Trustee and its Custodian)related Collection Period;
(vii) the Pool Balance number, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Due Date;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 to 59 days past due on a contractual basis, (b) 60 to 89 days past due on a contractual basis, (c) 90 or more days past due on a contractual basis, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy as of the close of business on the last day of the calendar month preceding Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal abovesuch Distribution Date;
(ix) with respect to any Mortgage Loan that became an REO Property during the Overcollateralization Amount preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Required Overcollateralization Amount 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, after giving effect to distributions and, cumulatively, the total number and cumulative principal balance of principal on such Distribution Date;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and all REO Properties as of the calculation thereofclose of business of the last day of the preceding Collection Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) the aggregate amount of all Curtailments that were Realized Losses incurred during the related Collection Period, the cumulative amount of Realized Losses and the aggregate amount of Subsequent Recoveries received during the Due Periodrelated Collection Period and the cumulative amount of Subsequent Recoveries;
(xiii) the principal portion Certificate Principal Balance, or Principal Balance, as applicable, of all Monthly Payments received during each Class of Certificates, after giving effect to the Due Perioddistributions, 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 interest portion Accrued Certificate Interest in respect of all Monthly Payments received each Class of Certificates for such Distribution Date and any related Net WAC Rate Carryover Amounts, and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the Monthly Advances and extent not covered by payments by the Compensating Interest payment Servicer pursuant to be made on the Determination DateSection 3.23;
(xvi) the amount to be distributed to of the Class P Certificates, Class BIO and Class R Certificateholders, respectively for the Distribution DateTrustee Fee paid;
(xvii) the weighted average Net WAC Rate Carryover Amount for each Class distributed on such Distribution Date, the amount of Net WAC Rate Carryover Amount remaining term after giving effect to maturity of the Mortgage Loans distributions thereof on such Distribution Date and the weighted average Loan amount of all Net WAC Rate as of Carryover Amounts on the first day of Class M-3, Class M-4, Class M-5, Class M-6 and Class M-7 Certificates covered by withdrawals from the related Due PeriodReserve Account on such Distribution Date;
(xviii) the amount of all payments or reimbursements any Overcollateralization Deficiency after giving effect to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)distribution of principal on such Distribution Date;
(xixA) whether a Trigger Event has occurred and is continuing, (B) the number Credit Enhancement Percentage, (C) the three-month rolling average percentage of Mortgage Loans outstanding at the beginning and at Pool Balance, as of the end of each of the related Due Periodpreceding three Collection Periods, represented by the aggregate Principal Balance of all 60+ Day Delinquent Loans, (D) the percentage obtained by dividing such percentage reported pursuant to (C) by the Credit Enhancement Percentage, and (E) the cumulative Realized Losses, as a percentage of the original Pool Balance;
(xx) the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool BalanceAvailable Funds for such Distribution Date;
(xxi) as the rate at which interest accrues for each Class of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)Certificates for such Distribution Date;
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit information contained in the First Payment Loan AccountLiquidation Report for such Distribution Date;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Loans purchased by the 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; 100
(xxiv) the aggregate Principal Balance of the Mortgage Loans in default or imminent default, that were modified repurchased by the Servicer during the related Due Prepayment Period (as reported by the Servicer);
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider in connection with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;Section 3.16; and
(xxv) the amount on deposit Mortgage Loan identifying number of each Mortgage Loan with a Prepayment Charge that was the subject of a Principal Prepayment in full during the Net Rate Cap Fundrelated Collection Period, the Prepayment Charge listed on, or calculated pursuant to, each related Mortgage Note and the amounts of Prepayment Charge collected and/or the Servicer Prepayment Charge Payment Amount paid by the Servicer or Transferor Prepayment Charge Payment Amount paid by the Transferor with respect to each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution DateMortgage Loan. 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 (iii), (iii), (ivii) and (vixiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 1,000 original dollar amount as of the related Cut-Off off Date. The Trustee will make the Remittance Report (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way Remittance Reports 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto).
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was a Holder 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 (iiii), (ii), (xiv) and (ivxvii) 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 make available to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders Certificateholder a copy of the reports forwarded made available to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders Class R Certificateholder by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Asset Backed Funding Corp Abfc Asset Backed Ser 2004-Ahl1)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireServicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Servicer and the Rating Agencies, a statement (as to the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the amount fees and expenses of the distribution set forth in paragraph (i) above in respect of principal Trust Fund accrued and the amount thereof in respect of the Class Principal Carryover Shortfall, paid on such Distribution Date and any remaining Class Principal Carryover Shortfallto whom such fees and expenses were paid;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period (including the general purpose of such Advances);
(vi) the Servicing Fee and the Trustee Fee (including the separate amounts payable to each of the Trustee and its Custodian);
(vii) the Pool Balance as of the close of business on the last day of the preceding Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal above;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and the calculation thereof;
(xi) the aggregate amount of Principal Prepayments received during the related Prepayment Period;
(xii) the amount of all Curtailments that were received during the Due Period;
(xiii) the principal portion of all Monthly Payments received during the Due Period;
(xiv) the interest portion of all Monthly Payments received on the Mortgage Loans during the Due Period;
(xv) the amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date;
(xvi) the amount to be distributed to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for the Distribution Date;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due Period;
(xviii) the amount of all payments or reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer);
(xix) the number of Mortgage Loans outstanding at the beginning and Close of Business at the end of the related Due Period;
(vii) the number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date;
(viii) the number and aggregate unpaid 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 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) the total number and cumulative Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the calendar month preceding the related Distribution Date;
(x) 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 aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses 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;
(xii) 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 made on such Distribution Date;
(xiv) the Monthly Interest Distributable Amount in respect of the Floating Rate Certificates and the Class C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Floating Rate Certificates for such Distribution Date;
(xv) 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 3.24;
(xvi) the Credit Enhancement Percentage for such Distribution Date;
(xvii) the Net WAC Rate Carryover Amount for the Floating Rate Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xviii) 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;
(xix) the total cashflows received and the general sources thereof;
(xx) the amount of Liquidation Loan Losses experienced during respective Pass-Through Rates applicable to the preceding Due Period Floating Rate Certificates and the Cumulative Net Losses as a percentage of Class C Certificates for such Distribution Date and the CutPass-Off Date Pool BalanceThrough Rate applicable to the Floating Rate Certificates for the immediately succeeding Distribution Date;
(xxi) as the amount of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquentany Net Swap Payments or Swap Termination Payments; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth);and
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan Account;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer);
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution applicable Record Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available Accrual Period and any other applicable determination dates for calculating distributions for such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off Date. The Trustee will make the Remittance Report such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “h▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are 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 Remittance Reports 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 Remittance Report 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 heretothereto). In the case of information furnished pursuant to subclauses (i) and (ii) 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 shall, upon written request, furnish to each Person who at any time during the calendar year was a Holder 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 (iiii) and (ivii) 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 make available to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Residual Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Soundview Home Loan Trust 2006-A)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as the Trustee shall reasonably require, and the Seller hereby agrees provided to provide the Trustee and it by the Servicer with an amended Prepayment Charge Schedulepursuant to Sections 3.19 and 4.04, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Servicer and the Rating Agencies, a statement (as to the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period;
(vi) the Servicing Fee and Pool Balance at the Trustee Fee (including Close of Business at the separate amounts payable to each end of the Trustee and its Custodian)related Due Period;
(vii) the Pool Balance number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the close related Determination Date and the number and aggregate Stated Principal Balance of business on all Subsequent Mortgage Loans added during the last day of the preceding Due Funding Period;
(viii) the Class number and aggregate unpaid 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 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 Class case as of Certificates after giving effect to payments allocated to principal abovethe Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date[Reserved];
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred the total number and is continuing and cumulative Stated Principal Balance of all REO Properties as of the calculation thereofClose of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) the aggregate amount of all Curtailments that were Realized Losses incurred during the related Prepayment Period, the cumulative amount of Realized Losses and the aggregate amount of Subsequent Recoveries received during the Due Periodrelated Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date;
(xiii) the principal portion aggregate amount of all Monthly Payments received during extraordinary Trust Fund expenses withdrawn from the Due PeriodCollection Account for such Distribution Date;
(xiv) the interest portion Certificate Principal Balance of all Monthly Payments received the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates, after giving effect to the distributions made on the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the amount Monthly Interest Distributable Amount in respect of the Monthly Advances each Class of Class A Certificates, each Class of Mezzanine Certificates, each Class of Class B Certificates and the Compensating Class C Certificates for such Distribution Date and the Unpaid Interest payment Shortfall Amount, if any, with respect to be made on the Determination Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount to be distributed to the Class P Certificates, Class BIO and Class R Certificateholders, respectively of any Net Prepayment Interest Shortfalls for the such Distribution Date;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due PeriodCredit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the Class A Certificates, the Mezzanine Certificates and the Class B Certificates, if any, for such Distribution Date and the amount of all payments or remaining unpaid after reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the number distribution of Mortgage Loans outstanding at the beginning and at the end of the related Due Periodprincipal on such Distribution Date;
(xx) when the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as Stepdown Date or a percentage of the Cut-Off Date Pool BalanceTrigger Event has occurred;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)Available Funds;
(xxii) the respective Pass-Through Rates applicable to each Class of Class A Certificates, each Class of Mezzanine Certificates, each Class of Class B Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Class A Certificates and each Class of Mezzanine Certificates and the Class B Certificates for the immediately succeeding Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan AccountDate;
(xxiii) payments, if any, made under the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer)Cap Contract;
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report to Accounts and the Servicer, Interest Coverage Accounts; and
(xxv) for the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) distribution occurring on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by Date immediately following the Servicer. In end of the case of information furnished pursuant to subclauses (ii), (iii), (iv) and (vi) aboveFunding Period, the amounts shall be expressed balance on deposit in a separate section each of the report Pre-Funding Accounts that have not been used to purchase Subsequent Mortgage Loans and that is being distributed to the related Class A Certificates as a dollar amount for each Class for each $1 original dollar amount as mandatory distribution of the related Cut-Off principal, if any, on such Distribution Date. The Trustee will make the Remittance Report such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “"▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇.▇▇▇”/invr". Assistance in using the website can be obtained by calling the Trustee’s 's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are 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 Remittance Reports 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 '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 Remittance Report 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 heretothereto). 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 shall, upon written request, furnish to each Person who at any time during the calendar year was a Holder 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 (iiii) and (ivii) 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 make available to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Residual Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireMaster Servicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date 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 “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Master Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period;
(vi) the Servicing Fee and Pool Balance at the Trustee Fee (including Close of Business at the separate amounts payable to each end of the Trustee and its Custodian)related Due Period;
(vii) the Pool Balance number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the close related Determination Date and the number and aggregate principal balance of business on the last day of all Subsequent Mortgage Loans added during the preceding Due Prepayment Period;
(viii) the Class Principal Balance number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO
(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 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 Class case as of Certificates after giving effect to payments allocated to principal abovethe Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date[reserved];
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred the total number and is continuing and cumulative principal balance of all REO Properties as of the calculation thereofClose of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) the aggregate amount of all Curtailments that were received Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the principal portion aggregate amount of all Monthly Payments received during extraordinary Trust Fund expenses withdrawn from the Due PeriodCollection Account for such Distribution Date;
(xiv) the interest portion Certificate Principal Balance of all Monthly Payments received the Class A Certificates, the Mezzanine Certificates and the Class C Certificates, after giving effect to the distributions made on the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the amount Monthly Interest Distributable Amount in respect of the Monthly Advances Class A Certificates, the Mezzanine Certificates and the Compensating Class C Certificates for such Distribution Date and the Unpaid Interest payment Shortfall Amount, if any, with respect to be made on the Determination Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount to be distributed of any Prepayment Interest Shortfalls for such Distribution Date, to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for extent not covered by payments by the Distribution DateMaster Servicer pursuant to Section 3.26;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due PeriodCredit 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 of all payments or remaining unpaid after reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)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 outstanding at the beginning to which such payments related) and at the end of the related Due Period;
(xxB) the cumulative amount of Liquidation Loan Losses experienced during payments received related to claims under the preceding Due Period PMI Policy since the Closing Date (and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool Balance;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans to which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forthsuch payments related);
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan Account;
(xxiiiA) the dollar amount of claims made under the PMI Policy that were denied during the Prepayment Period (and the number and aggregate Principal Balance of Mortgage Loans, other than 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 in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicerto which such denials related);
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap FundPre-Funding Account, the Interest Coverage Account and the amounts of each deposit and withdrawal from such AccountReserve Fund; and
(xxvi) for each Pre-the distribution occurring on the Distribution Date immediately following the end of the Funding Distribution DatePeriod, the remaining amount balance on deposit in the Pre-Funding Account. The Trustee shall make available such report Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report Class A Certificates as a dollar amount for each Class for each $1 original dollar amount as mandatory prepayment of the related Cut-Off principal, if any, on such Distribution Date. The Trustee will make the Remittance Report 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 parties to this Agreement Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “"www.ctslink.com". Assistance in usin▇ ▇▇▇.▇ ▇▇▇▇▇▇▇ ▇.▇▇▇”. Assistance in using the website can an be obtained by calling the Trustee’s 's customer service desk at (▇▇▇301) ▇▇▇815-▇▇▇▇6600. Parties that are 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 Remittance Reports 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 In the case of information furnished pursuant to access the Trustee’s internet websitesubclauses (i) through (iii) above, the Trustee may require registration and amounts shall be expressed in a separate section of the acceptance report as a dollar amount for each Class for each $1,000 original dollar amount as 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto)Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall shall, upon written request, furnish to the NIMs Insurer and each Person who at any time during the calendar year was a Holder 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 (iv) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the 91 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 make available forward to the NIMs Insurer and the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Option One Mort Accep Corp Asset Backed Cert Ser 2001-1)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireMaster Servicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer, the Rating Agencies and the Certificate Insurer, a statement (as to the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds 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 Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Master Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period;
(vi) the Servicing Fee Pool Balance and the Trustee Fee (including Pool Balance of MI Loans and Non-MI Loans, each at the separate amounts payable to each Close of Business at the end of the Trustee and its Custodian)related Due Period;
(vii) the Pool Balance number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the MI Loans and Non-MI Loans, respectively, as of the close related Determination Date;
(viii) the total number and aggregate unpaid principal balance of business the Mortgage Loans and the MI Loans and Non-MI Loans, respectively, 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 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 Due Period;
such Distribution Date, and (viiiD) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal aboveREO Properties;
(ix) with respect to any Mortgage Loan that became an REO Property during the Overcollateralization Amount preceding Prepayment Period, the unpaid principal balance and the Required Overcollateralization Amount Principal Balance of such Mortgage Loan as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Datedate it became an REO Property;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred the total number and is continuing cumulative principal balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period and the calculation thereoftotal number and cumulative principal balance of REO Properties that were MI Loans and Non-MI Loans respectively;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) the aggregate amount of all Curtailments that were received Realized Losses incurred during the Due related Prepayment Period, the cumulative amount of Realized Losses and the aggregate amount of Realized Losses incurred on MI Loans and Non-MI Loans respectively;
(xiii) the principal portion aggregate amount of all Monthly Payments received Realized Losses incurred during the Due Periodtwelve months preceding such Distribution Date (or such fewer number of calendar months which have occurred since the Cut-off Date);
(xiv) the interest portion aggregate amount of all Monthly Payments received on extraordinary Trust Fund expenses withdrawn from the Mortgage Loans during the Due PeriodCollection Account or Distribution Account for such Distribution Date;
(xv) the amount Certificate Principal Balance of the Monthly Advances Class A Certificates and the Compensating Interest payment Notional Amount of the Class S Certificates, after giving effect to be the distributions made on the Determination such Distribution Date;
(xvi) the amount to be distributed to Interest Distributable Amount and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of the Class P Certificates, A Certificates and the Class BIO and Class R Certificateholders, respectively for the S Certificates on such Distribution Date;
(xvii) the weighted average remaining term to maturity aggregate amount of the Mortgage Loans any Prepayment Interest Shortfalls and the weighted average Loan Rate as of Unpaid Interest Shortfall Amount for such Distribution Date, to the first day of extent not covered by payments by the related Due PeriodMaster Servicer pursuant to Section 3.26;
(xviii) the amount of all payments or reimbursements aggregate Premium Amount to be paid to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)Certificate Insurer;
(xix) the number of Mortgage Loans outstanding at the beginning and at the end of the related Due PeriodNet WAC Rate;
(xx) the amount of Liquidation Loan Losses experienced during the preceding Due Period Net WAC Rate Carryover Amount, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xxi) any Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xxii) whether the Step Up Cumulative Net Losses Loss Test and/or Step Up Rolling Loss Test have been met and the cumulative realized losses, as a percentage of the Cut-Off Date original Pool Balance;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth);
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan Account;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer)Available Funds;
(xxiv) the amount of Net Pass-Through Rate Cap Carryover distributed to each Class of Offered Certificates (other than for the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining A Certificates for each such ClassDistribution Date;
(xxv) [reserved];
(xxvi) the aggregate Principal Balance of the Mortgage Loans, and the MI Loans and Non-MI Loans, respectively, purchased by the Master Servicer, Originator or Sponsor during the related Prepayment Period and indicating the Section of this Agreement requiring or allowing the purchase of each such Mortgage Loan;
(xxvii) the number of delinquent Mortgage Loans, and MI Loans and Non-MI Loans, respectively, sold during the preceding Prepayment Period, the aggregate outstanding principal balance of such MI Loans and Non-MI Loans and the aggregate sale price;
(xxviii) the amount on deposit in the Net Rate Reserve Account;
(xxix) the amount of the Reserve Account Addition;
(xxx) amounts received under the Cap Fund, and the amounts of each deposit and withdrawal from such AccountAgreements; and
(xxvixxxi) for each Pre-Funding Distribution Dateclaims filed, claims made, claims rejected or reduced under the MI Policy in the six month periods ending at the end of the preceding month, the remaining second preceding month and the third preceding month, by dollar amount, as a percentage of the Original Pool Balance, and as a percentage of the total number of Mortgage Loans.
(xxxii) dollar amount of claims paid under the MI Policy and dollar amount of claims rejected or reduced under the MI Policy in the Pre-Funding Account. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided prior twelve months divided by the Servicer. In the case of information furnished pursuant to subclauses (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section balance of the report as a dollar amount for each Class for each $1 original dollar amount as MI Loans at the beginning of the related Cut-Off Date. such twelve month period; and The Trustee will make the Remittance Report such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders Certificateholders, the Rating Agencies and the parties to this Agreement Certificate Insurer via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “"www.ctslink.com". Assistance in usin▇ ▇▇▇.▇ ▇▇▇▇▇▇▇ ▇.▇▇▇”. Assistance in using the website can an be obtained by calling the Trustee’s 's customer service desk at (▇▇▇301) ▇▇▇815-▇▇▇▇6600. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way Remittance Reports 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 In the case of information furnished pursuant to access the Trustee’s internet websitesubclauses (i) through (iii) above, the Trustee may require registration and amounts shall be expressed in a separate section of the acceptance report as a dollar amount for each Class for each $1,000 original dollar amount as 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto)Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall shall, upon written request, furnish to each Person who at any time during the calendar year was a Holder 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 (iv) 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 make available forward to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and Trustee hereby agrees to disclose the Trustee shall furnish Premium Amount to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainableany Person upon request.
(f) Reports If and computer diskettes when the aggregate principal amount of Realized Losses on the MI Loans is equal to or files furnished by greater than $5,289,733.14, the Servicer pursuant to this Agreement Trustee shall be deemed confidential and give notice in writing of a proprietary nature, and shall not be copied or distributed except such fact to the extent required by law or to Sponsor, the Rating Agencies. No Person entitled to receive copies of Master Servicer, the MI Insurer and the Certificate Insurer no later than 5 days after the occurrence after such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreementevent.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Financial Asset Securities Corp)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, based on the Servicer shall deliver to Mortgage Loan information contained in the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due PeriodRemittance Report, as applicable, and such other information as the Trustee shall reasonably require, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and post on its website at www.ctslink.com, a statement (the “Remittance Report”"Distribution Date Statement") containing the information set forth below with respect as to ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ns made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal, separately identified and the Certificate Rate for each amount of the distribution made on such Distribution Date to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges, Originator Prepayment Charge Payment Amounts and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates on allocable to interest or Class CE Distributable Amount, separately identified;
(iii) the Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency and the Overcollateralization Target Amount as of such Distribution Date and the Monthly Excess Interest Amount and Monthly Excess Cashflow Amount for such Distribution Date;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in respect of principal and Master Servicer during the amount thereof in respect of the Class Principal Carryover Shortfall, and any remaining Class Principal Carryover Shortfallrelated Collection Period;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Collection Period, cumulative unreimbursed Advances and Servicing Advances and cumulative Nonrecoverable Advances;
(vi) the Servicing Fee and Pool Balance, at the Trustee Fee (including close of business at the separate amounts payable to each end of the Trustee and its Custodian)related Collection Period;
(vii) the Pool Balance number, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Due Date;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 to 59 days past due on a contractual basis, (b) 60 to 89 days past due on a contractual basis, (c) 90 or more days past due on a contractual basis, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy as of the close of business on the last day of the calendar month preceding Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal abovesuch Distribution Date;
(ix) with respect to any Mortgage Loan that became an REO Property during the Overcollateralization Amount preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Required Overcollateralization Amount 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, after giving effect to distributions and, cumulatively, the total number and cumulative principal balance of principal on such Distribution Date;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and all REO Properties as of the calculation thereofclose of business of the last day of the preceding Collection Period;
(xi) separately stated for each Loan Group, the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) separately stated for each Loan Group, the aggregate amount of all Curtailments that were received Realized Losses incurred during the Due Periodrelated Collection Period and the cumulative amount of Realized Losses;
(xiii) the principal portion Certificate Principal Balance of all Monthly Payments received during each Class of Certificates, after giving effect to the Due Perioddistributions, 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 interest portion Accrued Certificate Interest in respect of all Monthly Payments received 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 the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the Monthly Advances and extent not covered by payments by the Compensating Interest payment Master Servicer pursuant to be made on the Determination DateSection 3.23;
(xvi) the amount to be distributed to of the Class P Certificates, Class BIO and Class R Certificateholders, respectively for the Distribution DateTrustee Fee paid;
(xvii) the weighted average Cap Carryover Amounts distributed on such Distribution Date, the amounts remaining term after giving effect to maturity of the Mortgage Loans distributions thereof on such Distribution Date and the weighted average Loan Rate as amount of all Cap Carryover Amounts covered by withdrawals from the first day of the related Due PeriodReserve Account on such Distribution Date;
(xviii) the amount of all payments or reimbursements any Overcollateralization Deficiency after giving effect to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)distribution of principal on such Distribution Date;
(xix) whether a Trigger Event has occurred and is continuing, and the number of Mortgage Loans outstanding at the beginning and at the end cumulative Realized Losses, as a percentage of the related Due Periodoriginal Pool Balance;
(xx) the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool BalanceAvailable Funds;
(xxi) as the rate at which interest accrues for each Class of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)Certificates for such Distribution Date;
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit information contained in the First Payment Loan AccountLiquidation Report for such Distribution Date;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified purchased by the Servicer Master Servicer, the Originator or the Seller during the related Due Prepayment Period (as reported by and indicating the Servicer)Section of this Agreement requiring or allowing the purchase of each such Mortgage Loan;
(xxiv) the amount aggregate Principal Balance of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from Mortgage Loans repurchased by the cap provider Master Servicer during the related Prepayment Period in connection with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such ClassSection 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 deposit in the Net Rate Cap Fund, each related Mortgage Note and the amounts of Prepayment 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 deposit and withdrawal from such AccountMortgage Loan; and
(xxvixxvii) for each Pre-Funding Distribution Datethe amount of any claims made, and any claims rejected, under the remaining amount in Mortgage Insurance Policy during the Pre-Funding Account. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Daterelated Collection Period. The Trustee 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 the case of information furnished pursuant to subclauses (iii), (iii), (ivii) and (vixiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 1,000 original dollar amount as of the related Cut-Off off Date. The Trustee will make the Remittance Report (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way Remittance Reports 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto).
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was a Holder 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 (iiii), (ii), (xiv) and (ivxvii) 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 make available forward to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders Certificateholder a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders Class R Certificateholder by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Asset Backed Funding Corp Abfc Asset Back Cert Ser 2003 Opt1)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, based on the Servicer shall deliver to Mortgage Loan information contained in the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due PeriodRemittance Report, as applicable, and such other information as the Trustee shall reasonably require, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and post on its website at www.ctslink.com, a statement (the “Remittance Report”"Distribution Date Statement") containing the information set forth below with respect to as t▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇ions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal, separately identified and the Certificate Rate for each amount of the distribution made on such Distribution Date to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges, Originator Prepayment Charge Payment Amounts and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates on allocable to interest or Class CE Distributable Amount, separately identified;
(iii) the Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency and the Targeted Overcollateralization Amount as of such Distribution Date and the Monthly Excess Interest Amount and Monthly Excess Cashflow Amount for such Distribution Date;
(iiiiv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in respect of interest and Servicer during the amount thereof in respect of any Class Interest Carryover Shortfall, related Collection Period and the amount of any Class Compensating Interest Carryover Shortfall remaining;
(iv) paid by the amount of the distribution set forth in paragraph (i) above in respect of principal and the amount thereof in respect of the Class Principal Carryover Shortfall, and any remaining Class Principal Carryover ShortfallServicer;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Collection Period, cumulative unreimbursed Advances and Servicing Advances and cumulative Nonrecoverable Advances;
(vi) the Servicing Fee and Pool Balance, at the Trustee Fee (including close of business at the separate amounts payable to each end of the Trustee and its Custodian)related Collection Period;
(vii) the Pool Balance number, weighted average remaining term to maturity, the weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Due Date;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 to 59 days past due on a contractual basis, (b) 60 to 89 days past due on a contractual basis, (c) 90 or more days past due on a contractual basis, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy as of the close of business on the last day of the calendar month preceding Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal abovesuch Distribution Date;
(ix) with respect to any Mortgage Loan that became an REO Property during the Overcollateralization Amount and preceding calendar month, the Required Overcollateralization Amount loan number of such Mortgage Loan, the unpaid Principal Balance of the REO Property as of the close of business on the Distribution Date, after giving effect to distributions last Business Day of principal on such Distribution Datecalendar month and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred 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 is continuing and cumulative principal balance of all REO Properties as of the calculation thereofclose of business of the last day of the preceding Collection Period;
(xi) separately stated for each Loan Group, the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) separately stated for each Loan Group, the aggregate amount of all Curtailments that were received Realized Losses incurred during the Due Periodrelated Collection Period and the cumulative amount of Realized Losses;
(xiii) the principal portion Certificate Principal Balance of all Monthly Payments received during each Class of Certificates, after giving effect to the Due Perioddistributions, 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 interest portion Accrued Certificate Interest in respect of all Monthly Payments received 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 the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the Monthly Advances and extent not covered by payments by the Compensating Interest payment Servicer pursuant to be made on the Determination DateSection 3.23;
(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 to be distributed to of all Cap Carryover Amounts covered by withdrawals from the Class P Certificates, Class BIO and Class R Certificateholders, respectively for Swap Account or the Cap Carryover Reserve Account on such Distribution Date;
(xvii) any Overcollateralization Deficiency after giving effect to the weighted average remaining term to maturity distribution of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due Periodprincipal on such Distribution Date;
(xviii) whether a Trigger Event has occurred and is continuing, and the amount cumulative Realized Losses, as a percentage of all payments or reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)original Pool Balance;
(xix) the number of Mortgage Loans outstanding at the beginning and at the end of the related Due PeriodAvailable Funds;
(xx) the amount rate at which interest accrues for each Class of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool BalanceCertificates for such Distribution Date;
(xxi) as of the end of information contained in the preceding calendar month, Liquidation Report for such Distribution Date;
(xxii) the number and aggregate Principal Balance of Mortgage Loans which are 30-59 days delinquent; purchased by the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth);
(xxii) for the Distribution Date in April 2004 and May 2004Servicer, the amountOriginator or the Seller during the related Prepayment Period and indicating the section of this Agreement or the Originator Mortgage Loan Purchase Agreement, if anyas applicable, on deposit in requiring or allowing the First Payment Loan Accountpurchase of each such Mortgage Loan;
(xxiii) the number and aggregate Principal Balance amount of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer)Credit Risk Manager Fee paid;
(xxiv) the amount Mortgage Loan identifying number of Net Rate Cap Carryover distributed to each Class Mortgage Loan with a Prepayment Charge that was the subject of Offered Certificates (other than a Principal Prepayment in full during the Class A-IO Certificates)related Prepayment Period, stating separately any amounts received from the cap provider 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 the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such ClassMortgage Loan;
(xxv) the amount on deposit in 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 Rate Swap Agreement's "significance percentage" of the Pool Balance;
(xxvii) the amount and recipient of any Net Rate Cap Swap Payments and Swap Termination Payments;
(xxviii) the date of such Distribution Date and the 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 amounts of parties to whom these payments are made;
(xxx) for each deposit Class, the applicable Record Date and withdrawal from such AccountInterest Accrual Period; and
(xxvixxxi) for each Preunless such information is otherwise set forth in Form 10-Funding D relating to such Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report any material breaches of representations and warranties relating to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) Mortgage Loans or material breaches of transaction covenants or representations and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Datewarranties. 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 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 may consult with the Depositor and rely on the Depositor's determination of materiality. In the case of information furnished pursuant to subclauses (iii), (iii), (ivii) and (vixiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 1,000 original dollar amount as of the related Cut-Off off Date. The Trustee will also make available copies of the Remittance Report 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 (and, at its option, any additional files containing the same information in an alternative formatbut no later than one Business Day) available each month to Certificateholders and the parties to this Agreement via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “after t▇▇▇.▇ ▇▇▇▇▇▇▇.▇ ▇▇▇”. Assistance in using ▇ filed such reports with the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way Remittance Reports 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto)Commission.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Holder 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 (iiii), (ii), (xiv) and (ivxvi) 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 make available forward to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders each Residual Certificateholder a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders each Residual Certificateholder by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(ed) The Servicer and For all purposes of this Agreement including, but not limited to, providing the Trustee shall furnish to the Depositor, the Seller and each Certificateholder information set forth in clause (if requested in writingviii) of Section 4.06(a), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to any Mortgage Loan, delinquencies shall be determined and reported based on the Certificateholder or otherwise 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 purposes 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 Agreement, all such reports or information to be provided delinquency recognition policy is its current policy and is not less restrictive than any delinquency recognition policy established by the primary safety and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reportssoundness regulator, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary natureany, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this AgreementServicer.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (ABFC 2006-Opt3 Trust)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Two Business Day Days prior to each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee by electronic means a computer file containing Yield Maintenance Counterparty (and on the loan level information necessary Auction Distribution Date, to permit 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 to calculate and the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due PeriodRating Agencies, a statement based, as applicable, and such other on loan-level information as provided to it by the Trustee shall reasonably requireMaster Servicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare a statement (the “Remittance ReportDistribution Date Statement”) containing as to the information set forth below with respect distributions to be made or made, as applicable, on such Distribution Date, which information . Information in the Distribution Date Statement relating to or based on amounts available in the Yield Maintenance Account shall be based solely upon the loan level on information furnished provided by the Servicer upon which Yield Maintenance Counterparty regarding any Yield Maintenance Amounts required to be paid by the Trustee Yield Maintenance Counterparty for the related Distribution Date pursuant to the Yield Maintenance Agreements. The Distribution Date Statement shall conclusively rely without independent verification thereofinclude the following:
(i) Available Funds and the Certificate Rate for amount of the distribution made on such Distribution Date to the Holders of each Class for the related Distribution Dateof Certificates allocable to principal;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates allocable to interest, including any Required Reserve Fund Deposits;
(iii) the Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the following Distribution Date;
(iv) the aggregate amount of servicing compensation received by each Servicer 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 Period and the amount of unreimbursed Advances;
(vi) the Available Funds Cap for each Class of Senior Certificates (other than the Class A-X Certificates) on such Distribution Date;
(iiivii) the amount Loan Group Balance and related Net WAC for each Loan Group at the Close of Business at the end of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remainingrelated Due Period;
(ivviii) the amount aggregate Principal Balance of the distribution set forth in paragraph (i) above in respect One-Year CMT Indexed Mortgage Loans at the Close of principal and Business at the amount thereof in respect end of the Class Principal Carryover Shortfall, and any remaining Class Principal Carryover Shortfallrelated Due Period;
(vix) the amount aggregate Principal Balance of Excess Interest paid as principalthe 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;
(vix) [reserved]
(xi) for each Loan Group, the Servicing Fee number, weighted average remaining term to maturity and the Trustee Fee (including the separate amounts payable to each weighted average Loan Rate of the Trustee and its Custodian)related Mortgage Loans as of the related Due Date;
(viixii) the Pool Balance number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month;
(xiii) 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 Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal above;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and the calculation thereof;
(xixiv) the aggregate amount of Principal Prepayments received and Prepayment Penalty Amounts with respect to each Loan Group made during the related Prepayment Period;
(xii) the amount of all Curtailments that were received during the Due Period;
(xiii) the principal portion of all Monthly Payments received during the Due Period;
(xiv) the interest portion of all Monthly Payments received on the Mortgage Loans during the Due Period;
(xv) the aggregate amount of Realized Losses incurred during the Monthly Advances related Due Period and the Compensating Interest payment to be made on the Determination Datecumulative amount of Realized Losses;
(xvi) the amount Class Certificate Principal Balance of each Class of Certificates and the Apportioned Principal Balances of the Subordinate Certificates after giving effect to be distributed to the Class P Certificatesany distributions made thereon, Class BIO and Class R Certificateholders, respectively for the on such Distribution Date;
(xvii) the weighted average remaining term to maturity Interest Distributable Amount in respect of the Mortgage Loans each Class of Certificates, for such Distribution Date and the weighted average Loan Rate as respective portions thereof, if any, remaining unpaid following the distributions made in respect of the first day of the related Due Periodsuch Certificates on such Distribution Date;
(xviii) the aggregate amount of all payments or reimbursements to any Net Interest Shortfalls and the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)Unpaid Interest Shortfall Amount for such Distribution Date;
(xix) the Available Funds with respect to each Loan Group;
(xx) 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;
(xxi) 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;
(xxii) 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);
(xxiii) current Recoveries on such Distribution Date;
(xxiv) cumulative Recoveries as of such Distribution Date;
(A) the amounts paid to each Class of Senior Certificates (other than the Class A-X Certificate) from Yield Maintenance Amounts received from the Yield Maintenance Counterparty for such period in reduction of any Available Funds Cap Shortfalls, expressed as a per annum rate and as a dollar amount, (B) the amounts paid to the Class A-X Certificates from the excess Yield Maintenance Amounts expressed as a per annum rate and as a dollar amount and (C) the notional balances on each Yield Maintenance Agreement for such Distribution Date;
(xxvi) the amount of any Unpaid Available Funds Cap Shortfall (if applicable) and the related accrued interest thereon, with respect to the Class A-1, Class A-2, Class A-3 and Class A-4 Certificates following the distributions and allocations made in respect of such Certificates on such Distribution Date;
(xxvii) 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 Master Servicer by the Securities Administrator; and
(xxviii) the total number of Mortgage Loans outstanding in the aggregate and the aggregate Stated Principal Balance in the aggregate and separately for each of the Three-Year, Five-Year, Seven-Year and Ten-Year Hybrid Mortgage Loans, in each case at the beginning and close of business at the end of the related Due Period;
(xx) the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool Balance;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth);
(xxii) for . The Securities Administrator will make the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan Account;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer);
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off Date. The Trustee will make the Remittance Report Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the other parties to this Agreement via the TrusteeSecurities Administrator’s internet website. The TrusteeSecurities Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇”. .” Assistance in using the website can be obtained by calling the TrusteeSecurities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are 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 Remittance Reports such 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. As a condition In the case of information furnished pursuant to access the Trustee’s internet websitesubclauses (i) and (ii) above, the Trustee may require registration and amounts shall be expressed in a separate section of the acceptance report as a dollar amount for each Class for each $1,000 original dollar amount as 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto)Cut-Off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall Securities Administrator shall, upon written request, furnish to each Person who at any time during the calendar year was a Holder 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 (iiii), (ii) and (iv) 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 make available supply an electronic tape to the Class R Certificateholders Bloomberg Financial Markets, Inc. in the same manner as the Remittance Report is made available a format acceptable to all Certificateholders Bloomberg Financial Markets, Inc. on a copy of the reports forwarded to the Holders of the Regular Certificates in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary naturemonthly basis, and shall not be copied or distributed except supply an electronic tape to the extent required by law or Loan Performance and Intex Solutions in a format acceptable to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this AgreementLoan Performance and Intex Solutions on a monthly basis.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2005-2)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireServicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Servicer and the Rating Agencies, a statement (as to the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period;
(vi) the Servicing Fee and Pool Balance at the Trustee Fee (including Close of Business at the separate amounts payable to each end of the Trustee and its Custodian)related Due Period;
(vii) the Pool Balance number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the close related Determination Date;
(viii) the number and aggregate unpaid Stated Principal Balance of business 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 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 Due Period;
such Distribution Date and (viiiD) REO Properties, as well as the Class Principal Balance aggregate principal balance of each Class of Certificates after giving effect to payments allocated to principal aboveMortgage Loans that were liquidated and the net proceeds resulting therefrom;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date[reserved];
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred the total number and is continuing cumulative Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period and the calculation thereofnumber and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part;
(xii) the aggregate amount of all Curtailments that were Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses and the aggregate 115 amount of Subsequent Recoveries received during the Due Periodrelated Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date;
(xiii) the principal portion aggregate amount of all Monthly Payments received during extraordinary Trust Fund expenses withdrawn from the Due PeriodCollection Account for such Distribution Date;
(xiv) the interest portion Certificate Principal Balance of all Monthly Payments received each Class of Floating Rate Certificates and the Class C Certificates, after giving effect to the distributions made on the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the amount Monthly Interest Distributable Amount in respect of the Monthly Advances each Class of Floating Rate Certificates and the Compensating Class C Certificates for such Distribution Date and the Unpaid Interest payment Shortfall Amount, if any, with respect to be made on each Class of Floating Rate Certificates and the Determination Class C Certificates for such Distribution Date;
(xvi) the aggregate amount to be distributed of any Prepayment Interest Shortfalls for such Distribution Date, to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for extent not covered by payments by the Distribution DateServicer pursuant to Section 3.24;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due PeriodCredit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for each Class of Floating Rate Certificates, if any, for such Distribution Date and the amount of all payments or remaining unpaid after reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the number distribution of Mortgage Loans outstanding at the beginning and at the end of the related Due Periodprincipal on such Distribution Date;
(xx) when the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as Stepdown Date or a percentage of the Cut-Off Date Pool BalanceTrigger Event has occurred;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)Available Funds;
(xxii) the respective Pass-Through Rates applicable to each Class of Floating Rate Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Floating Rate Certificates for the immediately succeeding Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan AccountDate;
(xxiii) payments, if any, made under the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer);Cap Contract; and
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap Fund, Pre-Funding Accounts and the amounts of each deposit and withdrawal from such AccountInterest Coverage Accounts; and
(xxvixxv) for each the distribution occurring on the Distribution Date immediately following the end of the Funding Period, the balance on deposit in the Group I Pre-Funding Distribution Date, Account and/or the remaining amount in the Group II Pre-Funding Account. The Trustee shall make available such report 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 Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report related Class A Certificates as a dollar amount for each Class for each $1 original dollar amount as mandatory distribution of the related Cut-Off principal, if any, on such Distribution Date. The Trustee will make the Remittance Report such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “"▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇.▇▇▇”/invr". Assistance in using the website can be obtained by calling the Trustee’s 's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are 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 Remittance Reports 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 '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 Remittance Report 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 heretothereto). In the case of information furnished pursuant to subclauses (i) and (ii) 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 shall, upon written request, furnish to each Person who at any time during the calendar year was a Holder 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 (iiii) and (ivii) 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 make available to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Residual Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Soundview Home Loan Trust 2005-1)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireServicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Servicer and the Rating Agencies, a statement (as to the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period;
(vi) the Servicing Fee and Pool Balance at the Trustee Fee (including Close of Business at the separate amounts payable to each end of the Trustee and its Custodian)related Due Period;
(vii) the Pool Balance number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the close related Determination Date;
(viii) the number and aggregate unpaid Stated Principal Balance of business 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 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 Due Period;
such Distribution Date and (viiiD) REO Properties, as well as the Class Principal Balance aggregate principal balance of each Class of Certificates after giving effect to payments allocated to principal aboveMortgage Loans that were liquidated and the net proceeds resulting therefrom;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date[reserved];
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred the total number and is continuing and cumulative Stated Principal Balance of all REO Properties as of the calculation thereofClose of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part;
(xii) the aggregate amount of all Curtailments that were Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses and the aggregate amount of Subsequent Recoveries received during the Due Periodrelated Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date;
(xiii) the principal portion aggregate amount of all Monthly Payments received during extraordinary Trust Fund expenses withdrawn from the Due PeriodCollection Account for such Distribution Date;
(xiv) the interest portion Certificate Principal Balance of all Monthly Payments received each Class of Floating Rate Certificates and the Class C Certificates, after giving effect to the distributions made on the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the amount Monthly Interest Distributable Amount in respect of the Monthly Advances each Class of Floating Rate Certificates and the Compensating Class C Certificates for such Distribution Date and the 103 Unpaid Interest payment Shortfall Amount, if any, with respect to be made on each Class of Floating Rate Certificates and the Determination Class C Certificates for such Distribution Date;
(xvi) the aggregate amount to be distributed of any Prepayment Interest Shortfalls for such Distribution Date, to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for extent not covered by payments by the Distribution DateServicer pursuant to Section 3.26;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due PeriodCredit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for each Class of Floating Rate Certificates, if any, for such Distribution Date and the amount of all payments or remaining unpaid after reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the number distribution of Mortgage Loans outstanding at the beginning and at the end of the related Due Periodprincipal on such Distribution Date;
(xx) when the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as Stepdown Date or a percentage of the Cut-Off Date Pool BalanceTrigger Event has occurred;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)Available Funds;
(xxii) the respective Pass-Through Rates applicable to each Class of Floating Rate Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Floating Rate Certificates for the immediately succeeding Distribution Date in April 2004 and May 2004, the amountDate; and
(xxiii) payments, if any, on deposit in made under the First Payment Loan Account;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer);
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such AccountContract; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off Date. The Trustee will make the Remittance Report such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “"▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇.▇▇▇”/invr". Assistance in using the website can be obtained by calling the Trustee’s 's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are 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 Remittance Reports 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 '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 Remittance Report 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 heretothereto).
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was a Holder 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 (iii) and (iv) 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 make available to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Soundview Home Loan Trust 2004-Wmc1)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireServicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Servicer and the Rating Agencies, a statement (as to the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems 103 necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period;
(vi) the Servicing Fee and Pool Balance at the Trustee Fee (including Close of Business at the separate amounts payable to each end of the Trustee and its Custodian)related Due Period;
(vii) the Pool Balance number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the close related Determination Date;
(viii) the number and aggregate unpaid principal balance of business 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 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 Due Period;
such Distribution Date and (viiiD) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal aboveREO Properties;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date;[reserved]
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred the total number and is continuing and cumulative principal balance of all REO Properties as of the calculation thereofClose of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) the aggregate amount of all Curtailments that were received Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the principal portion aggregate amount of all Monthly Payments received during extraordinary Trust Fund expenses withdrawn from the Due PeriodCollection Account for such Distribution Date;
(xiv) the interest portion Certificate Principal Balance of all Monthly Payments received the Class A Certificates, the Mezzanine Certificates and the Class C Certificates, after giving effect to the distributions made on the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the amount Monthly Interest Distributable Amount in respect of the Monthly Advances each Class of Class A Certificates, each Class of Mezzanine Certificates and the Compensating Class C Certificates for such Distribution Date and the Unpaid Interest payment Shortfall Amount, if any, with respect to be made on the Determination Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount to be distributed of any Prepayment Interest Shortfalls for such Distribution Date, to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for extent not covered by payments by the Distribution Date;Servicer pursuant to Section 3.26; 104
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due PeriodCredit 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 of all payments or remaining unpaid after reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the number distribution of Mortgage Loans outstanding at the beginning and at the end of the related Due Periodprincipal on such Distribution Date;
(xx) when the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as Stepdown Date or a percentage of the Cut-Off Date Pool BalanceTrigger Event has occurred;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)Available Funds;
(xxii) the respective Pass-Through Rates applicable to each Class of Class A Certificates, each Class of Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Class A Certificates and each Class of Mezzanine Certificates for the immediately succeeding Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan Account;Date; and
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer);
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off Date. [reserved] The Trustee will make the Remittance Report such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “"▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇”/invr". Assistance in using the website can be obtained by calling the Trustee’s 's customer service desk at (▇▇▇800) ▇▇▇735-▇▇▇▇7777. Parties that are 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 Remittance Reports 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 '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 Remittance Report 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 heretothereto).
. In the case of information furnished pursuant to subclauses (bi) Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was a Holder 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 through (iii) and (iv) above, aggregated for such calendar year or applicable portion thereof during which such Person was the amounts shall be expressed in a Certificateholder. Such obligation separate section 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 report as a dollar amount for each Class for each $1,000 original dollar amount as of the Code as are in force from time to timeCut-off Date.
(c) On each Distribution Date, the Trustee shall make available to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Financial Asset Sec Corp Fremont Home Ln Tr 2003-2)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, based on the Servicer shall deliver to Mortgage Loan information contained in the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due PeriodRemittance Report, as applicable, and such other information as the Trustee shall reasonably require, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and post on its website at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇▇▇▇, a statement (the “Remittance Report”"Distribution Date Statement") containing as to the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal or reduction of Principal Balance, separately identified and the Certificate Rate for each amount of the distribution made on such Distribution Date to the Holders of the Class for the related Distribution DateN Certificates allocable to Prepayment Charges, Servicer Prepayment Charge Payment Amounts and Transferor Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates on allocable to interest or Class X Distributable Amount, separately identified;
(iii) the Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency and the Targeted Overcollateralization Amount as of such Distribution Date and the Monthly Excess Interest Amount and Monthly Excess Cashflow Amount for such Distribution Date;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in respect of principal and Servicer during the amount thereof in respect of the Class Principal Carryover Shortfall, and any remaining Class Principal Carryover Shortfallrelated Collection Period;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Collection Period, cumulative unreimbursed Advances and Servicing Advances and cumulative Nonrecoverable Advances;
(vi) the Servicing Fee and Pool Balance, at the Trustee Fee (including close of business at the separate amounts payable to each end of the Trustee and its Custodian)related Collection Period;
(vii) the Pool Balance number, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Due Date;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 to 59 days past due on a contractual basis, (b) 60 to 89 days past due on a contractual basis, (c) 90 or more days past due on a contractual basis, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy as of the close of business on the last day of the calendar month preceding Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal abovesuch Distribution Date;
(ix) with respect to any Mortgage Loan that became an REO Property during the Overcollateralization Amount preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Required Overcollateralization Amount 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, after giving effect to distributions and, cumulatively, the total number and cumulative principal balance of principal on such Distribution Date;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and all REO Properties as of the calculation thereofclose of business of the last day of the preceding Collection Period;
(xi) separately stated for each Loan Group, the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) separately stated for each Loan Group, the aggregate amount of all Curtailments that were received Realized Losses incurred during the Due Periodrelated Collection Period and the cumulative amount of Realized Losses;
(xiii) the principal portion Certificate Principal Balance, or Principal Balance, as applicable, of all Monthly Payments received during each Class of Certificates, after giving effect to the Due Perioddistributions, 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 interest portion Accrued Certificate Interest in respect of all Monthly Payments received 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 the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the Monthly Advances and extent not covered by payments by the Compensating Interest payment Servicer pursuant to be made on the Determination DateSection 3.23;
(xvi) the amount to be distributed to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for the Distribution Date;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due Period;
(xviii) the amount of all payments or reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer);
(xix) the number of Mortgage Loans outstanding at the beginning and at the end of the related Due Period;
(xx) the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool Balance;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth);
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan Account;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer);
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off Date. The Trustee will make the Remittance Report (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way Remittance Reports 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto).
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was a Holder 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 (iii) and (iv) 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 make available to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.Fee paid;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Abfc Asset Backed Certificates Series 2003-Ahl1)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee by electronic means Trustee, each Certificateholder, each Seller, the Master Servicer and the Rating Agencies, a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodstatement based, as applicable, and such other on loan-level information as the Trustee shall reasonably require, and the Seller hereby agrees to provide the Trustee and obtained from the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date pursuant to the Trustee shall prepare a statement provision by the Servicer of its Remittance Report (the “Remittance ReportDistribution Date Statement”) containing as to the information set forth below with respect distributions to be made or made, as applicable, on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds and the Certificate Rate for amount of the distribution made on such Distribution Date to the Holders of each Class for the related Distribution Dateof Certificates allocable to principal;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates on such Distribution Dateallocable to interest;
(iii) the amount of Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remainingfollowing Distribution Date;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph Servicer during the related Due Period (i) above in respect of principal and the amount without taking into account any reduction thereof in respect of Compensating Interest) and such other customary information as the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period and the amount of unreimbursed Advances;
(vi) the Servicing Fee Special Hazard Loss Coverage Amount, the Fraud Loss Coverage Amount and the Trustee Fee (including the separate amounts payable to Bankruptcy Loss Coverage Amount, each as of the Trustee and its Custodian)related Determination Date;
(vii) 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;
(viii) 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) for each Loan Group, 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) [RESERVED];
(xi) for each Loan Group the number, weighted average remaining term to maturity and weighted average Loan Rate of the related Mortgage Loans as of the related Due Date;
(xii) the number and aggregate unpaid principal balance of Mortgage Loans in the aggregate and for each Loan Group (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, 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 Business Day of the calendar month preceding the Distribution Date, and, 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 Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal above;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and the calculation thereof;
(xixiv) the aggregate amount of Principal Prepayments received and the Net Realized Losses for each Class of Certificates on such Distribution Date, with respect to each Loan Group made during the related Prepayment Period;
(xii) the amount of all Curtailments that were received during the Due Period;
(xiii) the principal portion of all Monthly Payments received during the Due Period;
(xiv) the interest portion of all Monthly Payments received on the Mortgage Loans during the Due Period;
(xv) the aggregate amount of Realized Losses incurred during the Monthly Advances related Due Period and the Compensating Interest payment to be made on the Determination Datecumulative amount of Realized Losses;
(xvi) the amount Class Certificate Principal Balance of each Class of Certificates and the Apportioned Principal Balances of the Subordinate Certificates after giving effect to be distributed to the Class P Certificatesany distributions made thereon, Class BIO and Class R Certificateholders, respectively for the on such Distribution Date;
(xvii) the weighted average remaining term to maturity Interest Distributable Amount in respect of the Mortgage Loans each Class of Certificates, for such Distribution Date and the weighted average Loan Rate as respective portions thereof, if any, remaining unpaid following the distributions made in respect of the first day of the related Due Periodsuch Certificates on such Distribution Date;
(xviii) the aggregate amount of all payments or reimbursements to any Net Interest Shortfalls, the Servicer pursuant to Sections 3.03(ii) Unpaid Interest Shortfall Amount, and (vi) (as reported by the Servicer)Interest Shortfall for such Distribution Date;
(xix) the number of Mortgage Loans outstanding at the beginning and at the end of the related Due PeriodAvailable Funds with respect to each Loan Group;
(xx) the amount Pass-Through Rate for each Class of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool BalanceCertificates for such Distribution Date;
(xxi) as of the end of the preceding calendar month, the number and aggregate Principal Balance of Mortgage Loans which are 30-59 days delinquent; purchased hereunder by each Seller during the number related Due Period, and Principal Balance indicating the relevant Section of this Agreement, as applicable, requiring or allowing the purchase of each such Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)Loan;
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan Accountamount of any Principal Deficiency Amounts or Accrued Interest Amounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(f)(i);
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer);current Recoveries allocable to each Loan Group; and
(xxiv) the amount of Net Rate Cap Carryover distributed cumulative Recoveries allocable to each Class of Offered Certificates Loan Group. The Securities Administrator will make the Distribution Date Statement (other than and, at its option, any additional files containing the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect same information in an alternative format) available each month to the Interest Rate Cap Agreements, Certificateholders and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) other parties to this Agreement via the amount on deposit in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding AccountSecurities Administrator’s internet website. The Trustee Securities Administrator’s internet website shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (initially be located at ▇▇▇ “▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (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 above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such reports are distributed in order to make such distribution more convenient and/or more accessible to the parties, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on and the Distribution DateSecurities Administrator shall provide timely and adequate notification to all parties regarding any such change. The Securities Administrator’s obligations pursuant to this Section 5.04 are limited to the extent of its receipt of all necessary information from the Servicer. The Trustee and the Securities Administrator 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 (ii), (iii), (ivi) and (viii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 1,000 original dollar amount as of the related Cut-Off Date. The Trustee will make the Remittance Report (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way Remittance Reports 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto).
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall Securities Administrator shall, upon written request, furnish to each Person who at any time during the calendar year was a Holder 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 (iiii) and (ivii) 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 make available supply an electronic tape to the Class R Certificateholders Bloomberg Financial Markets, Inc. in the same manner as the Remittance Report is made available a format acceptable to all Certificateholders Bloomberg Financial Markets, Inc. on a copy of the reports forwarded monthly basis, and shall supply an electronic tape to the Holders of the Regular Certificates Loan Performance and Intex Solutions in respect of such Distribution Date a format acceptable to Loan Performance and Intex Solutions on a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together with such other information as the Trustee deems necessary or appropriatemonthly basis.
(d) Within a reasonable period of time after the end On or before January 31st of each year, the Servicer, on behalf of the Trust, shall provide the Securities Administrator with written notice listing all Distribution Date statements with respect to Distribution Dates occurring in the prior calendar year that were included in a Form 8-K filing pursuant to Section 3.28, provided however, that if no Form 10-K is required to be filed for such prior calendar year, the Trustee no written notice shall deliver to be required. No later than March 15th of 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not written notice is provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to Securities Administrator, the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders Securities Administrator shall use sign a certification (in the information therein form attached hereto as Exhibit P), for the purpose of soliciting the customers benefit of the Seller or for any other purpose except as set forth in this AgreementPerson(s) signing the Form 10-K Certification, regarding certain aspects of the Form 10-K Certification.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Greenwich Capital Acc Inc Provident Fund Mort Loan Tr 2004 1)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as the Trustee shall reasonably require, and the Seller hereby agrees provided to provide the Trustee and it by the Servicer with an amended Prepayment Charge Schedulepursuant to Sections 3.19 and 4.04, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Servicer and the Rating Agencies, a statement (as to the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, Date which information shall be based solely upon include the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereoffollowing information:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period;
(vi) the Servicing Fee and Pool Balance at the Trustee Fee (including Close of Business at the separate amounts payable to each end of the Trustee and its Custodian)related Due Period;
(vii) the Pool Balance number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the close related Determination Date and the number and aggregate Stated Principal Balance of business on all Subsequent Mortgage Loans added during the last day of the preceding Due Funding Period;
(viii) the Class number and aggregate unpaid 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 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 Class case as of Certificates after giving effect to payments allocated to principal abovethe Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date[Reserved];
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred the total number and is continuing and cumulative Stated Principal Balance of all REO Properties as of the calculation thereofClose of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) the aggregate amount of all Curtailments that were Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses since the Closing Date and the aggregate amount of Subsequent Recoveries received during the Due Periodrelated Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date;
(xiii) the principal portion aggregate amount of all Monthly Payments received during extraordinary Trust Fund expenses withdrawn from the Due PeriodCollection Account for such Distribution Date;
(xiv) the interest portion Certificate Principal Balance of all Monthly Payments received the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates, after giving effect to the distributions made on the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the amount Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, each Class of Mezzanine Certificates, the Monthly Advances Class B Certificates and the Compensating Class C Certificates for such Distribution Date and the Unpaid Interest payment Shortfall Amount, if any, with respect to be made on the Determination Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount to be distributed to the Class P Certificates, Class BIO and Class R Certificateholders, respectively of any Net Prepayment Interest Shortfalls for the such Distribution Date;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due PeriodCredit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for each Class of Class A Certificates, each Class of Mezzanine Certificates and the Class B Certificates, if any, for such Distribution Date and the amount of all payments or remaining unpaid after reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the number distribution of Mortgage Loans outstanding at the beginning and at the end of the related Due Periodprincipal on such Distribution Date;
(xx) when the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as Stepdown Date or a percentage of the Cut-Off Date Pool BalanceTrigger Event has occurred;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)Available Funds;
(xxii) the respective Pass-Through Rates applicable to each Class of Class A Certificates, each Class of Mezzanine Certificates, the Class B Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Class A Certificates, each Class of Mezzanine Certificates and the Class B Certificates for the immediately succeeding Distribution Date in April 2004 and May 2004, the amountDate; and
(xxiii) payments, if any, on deposit in made under the First Payment Loan Account;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer)Cap Contract;
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report to Accounts; and
(xxv) for the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) distribution occurring on the Distribution Date immediately following the end of the 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 distribution of principal, if any, on such Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off Date. 117 The Trustee will make the Remittance Report such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement Rating Agencies via the Trustee’s internet website. The Trustee’s 's internet website shall initially to be located at “"▇▇▇.▇▇▇▇▇▇▇.▇▇▇”". Assistance in using the website can be obtained by calling the Trustee’s 's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are 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 Remittance Reports 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 '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 Remittance Report 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 heretothereto). 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 shall, upon written request, furnish to each Person who at any time during the calendar year was a Holder 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 (iv) 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 make available to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Residual Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2004-Ffh2)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireMaster Servicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available by electronic medium (as set forth in the penultimate paragraph of this Section 4.03(a)) to each Holder of the Regular Certificates, the Trustee, the Master Servicer and the Rating Agencies, a statement (as to the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds 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 Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Master Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the amount of Excess Interest paid as principalClass B/M-8 Early Distribution Amount for such Distribution Date;
(vi) the Servicing Fee and the Trustee Fee (including the separate amounts payable to each of the Trustee and its Custodian);
(vii) the Pool Balance as of the close of business on the last day of the preceding Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal above;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and the calculation thereof;
(xi) the aggregate amount of Principal Prepayments received during the related Prepayment Period;
(xii) the amount of all Curtailments that were received during the Due Period;
(xiii) the principal portion of all Monthly Payments received during the Due Period;
(xiv) the interest portion of all Monthly Payments received on the Mortgage Loans during the Due Period;
(xv) the amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date;
(xvi) the amount to be distributed to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for the Distribution Date;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due Period;
(xviiivii) the amount aggregate Stated Principal Balance of all payments or reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer);
(xix) the number of Mortgage Loans outstanding at the beginning and Close of Business at the end of the related Due Period;
(viii) 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;
(ix) the number and aggregate unpaid principal balance of Mortgage Loans (a) delinquent 30-59 days, (b) delinquent 60-89 days, (c) delinquent 90 or more days in each case, as of the last day of the preceding calendar month provided, however that any aggregate unpaid principal balance of Mortgage Loans shall be reported as of the last day of the related Due Period, (d) as to which foreclosure proceedings have been commenced and (e) with respect to which the related Mortgagor has filed for protection under applicable bankruptcy laws, with respect to whom bankruptcy proceedings are pending or with respect to whom bankruptcy protection is in force;
(x) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(xi) 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;
(xii) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xiii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses; 100
(xiv) the aggregate amount of Extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date;
(xv) the Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates, after giving effect to the distributions made on such Distribution Date, and the Notional Amount of the Class S Certificates and the Class C Certificates, after giving effect to the distributions made on such Distribution Date;
(xvi) the Monthly Interest Distributable Amount in respect of the Class A Certificates, the Class S Certificates, the Mezzanine Certificates, the Class B Certificates and the Class 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 B Certificates for such Distribution Date;
(xvii) 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 3.24, and the aggregate amount of any Relief Act Interest Shortfalls for such Distribution Date;
(xviii) the Credit Enhancement Percentage for such Distribution Date;
(xix) the related Net WAC Rate Carryover Amount for the Class A Certificates, the Mezzanine Certificates and the Class B Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xx) the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool BalanceTrustee Fee on such Distribution Date;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 whether a Stepdown Date or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)a Trigger Event has occurred;
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan AccountAvailable Funds;
(xxiii) the number respective Pass-Through Rates applicable to the Class A Certificates, the Class S Certificates, the Mezzanine Certificates, the Class B Certificates and aggregate Principal Balance of Mortgage Loansthe Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to the Class A Certificates, other than Mortgage Loans in default or imminent defaultthe Class S Certificates, that were modified by the Servicer during Mezzanine Certificates and the related Due Period (as reported by Class B Certificates for the Servicer)immediately succeeding Distribution Date;
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Classreserved;
(xxv) any other information that is required by the Code and regulations thereunder to be made available to Certificateholders;
(xxvi) the amount on deposit in the Net Rate Cap Reserve Fund, ;
(xxvii) the amount of Subsequent Recoveries and Gross Subsequent Recoveries for the related Prepayment Period and the amounts cumulative amount of each deposit Subsequent Recoveries and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off DateGross Subsequent Recoveries. The Trustee will make the Remittance Report 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 and the parties to this Agreement Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇”/invr. Assistance in using the website can be obtained by calling the Trustee’s 's customer service desk at (▇-▇▇▇) -▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way Remittance Reports 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 In the case of information furnished pursuant to access the Trustee’s internet websitesubclauses (i) through (iii) above, the Trustee may require registration and amounts shall be expressed in a separate section of the acceptance report as a dollar amount for each Class for each $1,000 original dollar amount as 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto)Closing Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall shall, upon written request, furnish to each Person who at any time during the calendar year was a Holder 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 (iv) 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 make available forward to the Holders of the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders Certificates a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 Holder of a Class R CertificateholderCertificate, 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 Holder of a Class R CertificateholderCertificate. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and On each Distribution Date the Trustee shall furnish 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 Depositor, the Seller Trustee and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainableBloomberg.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Long Beach Sec Corp Asset-Backed Certs Series 2004-A)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireServicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS Insurer, the Servicer and the Rating Agencies, a statement (as to the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period;
(vi) the Servicing Fee and Pool Balance at the Trustee Fee (including Close of Business at the separate amounts payable to each end of the Trustee and its Custodian)related Due Period;
(vii) the Pool Balance number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the close related Determination Date;
(viii) the number and aggregate unpaid Stated Principal Balance of business 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 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 Due Period;
such Distribution Date and (viiiD) REO Properties, as well as the Class Principal Balance aggregate principal balance of each Class of Certificates after giving effect to payments allocated to principal aboveMortgage Loans that were liquidated and the net proceeds resulting therefrom;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date[reserved];
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred the total number and is continuing cumulative Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period and the calculation thereofnumber and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part;
(xii) the aggregate amount of all Curtailments that were Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses and the aggregate amount of Subsequent Recoveries received during the Due Periodrelated Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date;
(xiii) the principal portion aggregate amount of all Monthly Payments received during extraordinary Trust Fund expenses withdrawn from the Due PeriodCollection Account for such Distribution Date;
(xiv) the interest portion Certificate Principal Balance of all Monthly Payments received each Class of Floating Rate Certificates and the Class C Certificates, after giving effect to the distributions made on the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the amount Monthly Interest Distributable Amount in respect of the Monthly Advances each Class of Floating Rate Certificates and the Compensating Class C Certificates for such Distribution Date and the Unpaid Interest payment Shortfall Amount, if any, with respect to be made on each Class of Floating Rate Certificates and the Determination Class C Certificates for such Distribution Date;
(xvi) the aggregate amount to be distributed of any Prepayment Interest Shortfalls for such Distribution Date, to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for extent not covered by payments by the Distribution DateServicer pursuant to Section 3.24;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due PeriodCredit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for each Class of Floating Rate Certificates, if any, for such Distribution Date and the amount of all payments or remaining unpaid after reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the number distribution of Mortgage Loans outstanding at the beginning and at the end of the related Due Periodprincipal on such Distribution Date;
(xx) when the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as Stepdown Date or a percentage of the Cut-Off Date Pool BalanceTrigger Event has occurred;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)Available Funds;
(xxii) the respective Pass-Through Rates applicable to each Class of Floating Rate Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Floating Rate Certificates for the immediately succeeding Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan AccountDate;
(xxiii) payments, if any, made under the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer)Cap Contract;
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report to Accounts and the Servicer, Interest Coverage Accounts; and
(xxv) for the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) distribution occurring on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by Date immediately following the Servicer. In end of the case of information furnished pursuant to subclauses (ii), (iii), (iv) and (vi) aboveFunding Period, the amounts shall be expressed balance on deposit in a separate section of the report 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 dollar amount for each Class for each $1 original dollar amount as mandatory distribution of the related Cut-Off principal, if any, on such Distribution Date. The Trustee will make the Remittance Report 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 parties to this Agreement Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “h▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are 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 Remittance Reports 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 Remittance Report 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 heretothereto). In the case of information furnished pursuant to subclauses (i) and (ii) 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 shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Holder 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 (iiii) and (ivii) 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 make available to the Class R Certificateholders in NIMS Insurer and the same manner as the Remittance Report is made available to all Residual Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Greenpoint Mortgage Funding Trust 2005-Hy1)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireServicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Servicer and the Rating Agencies, a statement (as to the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution Date;P Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts; 121
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period;
(vi) the Servicing Fee and Pool Balance at the Trustee Fee (including Close of Business at the separate amounts payable to each end of the Trustee and its Custodian)related Due Period;
(vii) the Pool Balance number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the close related Determination Date and the number and aggregate Stated Principal Balance of business on all Subsequent Mortgage Loans added during the last day of the preceding Due Funding Period;
(viii) the Class number and aggregate unpaid 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 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 Class case as of Certificates after giving effect to payments allocated to 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 abovebalance of Mortgage Loans that were liquidated and the net proceeds resulting therefrom;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date[reserved];
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred the total number and is continuing and cumulative Stated Principal Balance of all REO Properties as of the calculation thereofClose of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part;
(xii) the aggregate amount of all Curtailments that were Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses and the aggregate amount of Subsequent Recoveries received during the Due Periodrelated Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date;
(xiii) the principal portion aggregate amount of all Monthly Payments received during extraordinary Trust Fund expenses withdrawn from the Due PeriodCollection Account for such Distribution Date;
(xiv) the interest portion Certificate Principal Balance of all Monthly Payments received each Class of Floating Rate Certificates and the Class C Certificates, after giving effect to the distributions made on the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the amount Monthly Interest Distributable Amount in respect of the Monthly Advances each Class of Floating Rate Certificates and the Compensating Class C Certificates for such Distribution Date and the Unpaid Interest payment Shortfall Amount, if any, with respect to be made on each Class of Floating Rate Certificates and the Determination Class C Certificates for such Distribution Date;
(xvi) the aggregate amount to be distributed of any Prepayment Interest Shortfalls for such Distribution Date, to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for extent not covered by payments by the Distribution DateServicer pursuant to Section 3.26;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due PeriodCredit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for each Class of Floating Rate Certificates, if any, for such Distribution Date and the amount of all payments or remaining unpaid after reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the number distribution of Mortgage Loans outstanding at the beginning and at the end of the related Due Periodprincipal on such Distribution Date;
(xx) when the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as Stepdown Date or a percentage of the Cut-Off Date Pool BalanceTrigger Event has occurred;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)Available Funds;
(xxii) the respective Pass-Through Rates applicable to each Class of Floating Rate Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Floating Rate Certificates for the immediately succeeding Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan AccountDate;
(xxiii) payments, if any, made under the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer)Cap Contract;
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report to Accounts; and
(xxv) for the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) distribution occurring on the Distribution Date immediately following the end of the 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 distribution of principal, if any, on such Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off Date. 123 The Trustee will make the Remittance Report such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “"▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇.▇▇▇”/invr". Assistance in using the website can be obtained by calling the Trustee’s 's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are 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 Remittance Reports 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 '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 Remittance Report 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 heretothereto). 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 shall, upon written request, furnish to each Person who at any time during the calendar year was a Holder 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 (iiii) and (ivii) 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 make available to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Residual Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.124
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Fremont Home Loan Trust 2004-4)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on the Mortgage Loan information as contained in the Remittance Report, the Trustee shall reasonably require(i) prepare and forward by mail to each Holder of the Regular Certificates and (ii) make available on its website at ▇▇▇.▇▇▇▇▇▇.▇▇▇/▇▇▇ for access by each Holder of the Regular Certificates, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare a statement (as to the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds and the Certificate Rate for amount of the distribution made on such Distribution Date to the Holders of each Class for the related Distribution Dateof Certificates allocable to principal or reduction of Notional Amount, separately identified;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates on allocable to interest or Class X Distributable Amount, separately identified;
(iii) the Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency and the Overcollateralization Target Amount as of such Distribution Date and the Monthly Excess Interest Amount and Monthly Excess Cashflow Amount for such Distribution Date;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the amount of the distribution set forth in paragraph (i) above in respect of principal and the amount thereof in respect of the Class Principal Carryover Shortfall, and any remaining Class Principal Carryover Shortfall[reserved];
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Collection Period;
(vi) the Servicing Fee and Pool Balance at the Trustee Fee (including close of business at the separate amounts payable to each end of the Trustee and its Custodian)related Collection Period;
(vii) the Pool number, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Due Date;
(viii) the number and aggregate unpaid Principal Balance of Mortgage Loans (a) 30 to 59 days past due on a contractual basis, (b) 60 to 89 days past due on a contractual basis, (c) 90 or more days past due on a contractual basis, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy as of the close of business on the last day of the calendar month preceding Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal abovesuch Distribution Date;
(ix) with respect to any Mortgage Loan that became an REO Property during the Overcollateralization Amount preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Required Overcollateralization Amount 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, after giving effect to distributions and, cumulatively, the total number and cumulative principal balance of principal on such Distribution Date;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and all REO Properties as of the calculation thereofclose of business of the last day of the preceding Collection Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) the aggregate amount of all Curtailments that were received 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 Due Periodrelated Collection Period and the amounts thereof allocable to the Class N Certificates and the Class X Certificates;
(xiii) the principal portion aggregate amount of all Monthly Payments received Realized Losses incurred during the Due Periodrelated Collection Period and the cumulative amount of Realized Losses;
(xiv) the interest portion Certificate Principal Balance or Notional Amount, as applicable, of all Monthly Payments received each Class of Certificates, after giving effect to the distributions, and allocations of Realized Losses or Applied Realized Loss Amounts, as applicable, made on the Mortgage Loans during the Due Periodsuch 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 and the Class 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 amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Dateany LIBOR Carryover Amounts;
(xvi) the aggregate amount to be distributed of any Prepayment Interest Shortfalls for such Distribution Date, to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for extent not covered by payments by the Distribution DateServicer pursuant to Section 3.23;
(xvii) the weighted average remaining term to maturity amount of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due PeriodTrustee Fee paid;
(xviii) the amount of all payments or reimbursements LIBOR Carryover Amounts distributed on such Distribution Date and the amounts remaining after giving effect to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)distributions thereof on such Distribution Date;
(xix) any Overcollateralization Deficiency after giving effect to the number distribution of Mortgage Loans outstanding at the beginning and at the end of the related Due Periodprincipal on such Distribution Date;
(xx) the amount of Liquidation Loan Losses experienced during the preceding Due Period whether a Trigger Event has occurred and is continuing, and the Cumulative Net Losses cumulative Realized Losses, as a percentage of the Cut-Off Date original Pool Balance;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)Available Funds;
(xxii) the rate at which interest accrues for the each Class of Certificates for such Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan AccountDate;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer)Liquidation Report for such Distribution Date;
(xxiv) the amount aggregate Principal Balance of Net Rate Cap Carryover distributed to each Class Mortgage Loans purchased by the Servicer or Seller during the related Collection Period and indicating the Section of Offered Certificates (other than this Agreement requiring or allowing the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount purchase of Net Rate Cap Carryover remaining for each such Class;Mortgage Loan; and
(xxv) the amount on deposit aggregate Principal Balance of the Mortgage Loans repurchased by the Servicer (or an affiliate) during the related Collection Period in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Dateconnection with Section 3.16. 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 (ii), i) through (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 1,000 original dollar amount as of the related Cut-Off off Date. The Trustee will make the Remittance Report (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way Remittance Reports 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto).
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was a Holder 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 (iiii), (ii), (xv) and (ivxx) 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 make available forward to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Residual Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Residual Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Series 2004-Cb3)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireServicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Servicer and the Rating Agencies, a statement (as to the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period;
(vi) the Servicing Fee and Pool Balance at the Trustee Fee (including Close of Business at the separate amounts payable to each end of the Trustee and its Custodian)related Due Period;
(vii) the Pool Balance number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the close related Determination Date;
(viii) the number and aggregate unpaid Stated Principal Balance of business 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 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 Due Period;
such Distribution Date and (viiiD) REO Properties, as well as the Class Principal Balance aggregate principal balance of each Class of Certificates after giving effect to payments allocated to principal aboveMortgage Loans that were liquidated and the net proceeds resulting therefrom;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date[reserved];
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred the total number and is continuing cumulative Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period and the calculation thereofnumber and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part;
(xii) the aggregate amount of all Curtailments that were Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses and the aggregate amount of Subsequent Recoveries received during the Due Periodrelated Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date;
(xiii) the principal portion aggregate amount of all Monthly Payments received during extraordinary Trust Fund expenses withdrawn from the Due PeriodCollection Account for such Distribution Date;
(xiv) the interest portion Certificate Principal Balance of all Monthly Payments received each Class of Floating Rate Certificates and the Class C Certificates, after giving effect to the distributions made on the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the amount Monthly Interest Distributable Amount in respect of the Monthly Advances each Class of Floating Rate Certificates and the Compensating Class C Certificates for such Distribution Date and the Unpaid Interest payment Shortfall Amount, if any, with respect to be made on each Class of Floating Rate Certificates and the Determination Class C Certificates for such Distribution Date;
(xvi) the aggregate amount to be distributed of any Prepayment Interest Shortfalls for such Distribution Date, to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for extent not covered by payments by the Distribution DateServicer pursuant to Section 3.24;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due PeriodCredit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for each Class of Floating Rate Certificates, if any, for such Distribution Date and the amount of all payments or remaining unpaid after reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the number distribution of Mortgage Loans outstanding at the beginning and at the end of the related Due Periodprincipal on such Distribution Date;
(xx) when the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as Stepdown Date or a percentage of the Cut-Off Date Pool BalanceTrigger Event has occurred;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)Available Funds;
(xxii) the respective Pass-Through Rates applicable to each Class of Floating Rate Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Floating Rate Certificates for the immediately succeeding Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan AccountDate;
(xxiii) payments, if any, made under the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer)Cap Contract;
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report to Accounts and the Servicer, Interest Coverage Accounts; and
(xxv) for the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) distribution occurring on the Distribution Date immediately following the end of the 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 distribution of principal, if any, on such Distribution Date. The Trustee may fully rely upon ;
(xxvi) (A) the amount of payments received related to claims under the PMI Policy during the related Prepayment Period (and shall have no liability 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 information provided by the Servicer. In the case of information furnished pursuant to subclauses (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off DateDue Period. The Trustee will make the Remittance Report such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “"h▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇.▇▇▇”/▇▇▇▇". Assistance in using the website can be obtained by calling the Trustee’s 's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are 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 Remittance Reports 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 '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 Remittance Report 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 heretothereto). In the case of information furnished pursuant to subclauses (i) and (ii) 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 shall, upon written request, furnish to each Person who at any time during the calendar year was a Holder 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 (iiii) and (ivii) 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 make available to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Residual Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Soundview Home Loan Trust 2005-Opt1)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as the Trustee shall reasonably require, and the Seller hereby agrees provided to provide the Trustee and it by the Servicer with an amended Prepayment Charge Schedulepursuant to Sections 3.19 and 4.04, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Servicer and the Rating Agencies, a statement (as to the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period;
(vi) the Servicing Fee and Pool Balance at the Trustee Fee (including Close of Business at the separate amounts payable to each end of the Trustee and its Custodian)related Due Period;
(vii) the Pool Balance number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the close related Determination Date;
(viii) the number and aggregate unpaid principal balance of business 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 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 preceding related Due Period;
Period and (viiiD) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal aboveREO Properties;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date[Reserved];
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred the total number and is continuing and cumulative principal balance of all REO Properties as of the calculation thereofClose of Business of the last day of the related Due Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) the aggregate amount of all Curtailments that were received Realized Losses incurred during the related Due PeriodPeriod and the cumulative amount of Realized Losses;
(xiii) the principal portion aggregate amount of all Monthly Payments received during extraordinary Trust Fund expenses withdrawn from the Due PeriodCollection Account for such Distribution Date;
(xiv) the interest portion Certificate Principal Balance of all Monthly Payments received the Senior Certificates, the Mezzanine Certificates and the Class C Certificates, after giving effect to the distributions made on the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the amount Monthly Interest Distributable Amount in respect of the Monthly Advances each Class of Senior Certificates, each Class of Mezzanine Certificates and the Compensating Class C Certificates for such Distribution Date and the Unpaid Interest payment Shortfall Amount, if any, with respect to be made on the Determination Senior Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount to be distributed of any Prepayment Interest Shortfalls for such Distribution Date, to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for extent not covered by payments by the Distribution DateServicer pursuant to Section 3.26;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due PeriodCredit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the Senior Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount of all payments or remaining unpaid after reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the number distribution of Mortgage Loans outstanding at the beginning and at the end of the related Due Periodprincipal on such Distribution Date;
(xx) when the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as Stepdown Date or a percentage of the Cut-Off Date Pool BalanceTrigger Event has occurred;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquentAvailable Funds; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth);and
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan Account;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer);
(xxiv) the amount of Net Rate Cap Carryover distributed respective Pass-Through Rates applicable to each Class of Offered Senior Certificates, each Class of Mezzanine Certificates (other than and the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, C Certificates for such Distribution Date and the amount of Net Pass-Through Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report applicable to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class of Senior Certificates and each Class of Mezzanine Certificates for each $1 original dollar amount as of the related Cut-Off immediately succeeding Distribution Date. The Trustee will make the Remittance Report such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “"▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇”/invr". Assistance in using the website can be obtained by calling the Trustee’s 's customer service desk at (▇▇▇800) ▇▇▇735-▇▇▇▇7777. Parties that are 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 Remittance Reports 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 '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 Remittance Report 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 heretothereto). 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 shall, upon written request, furnish to each Person who at any time during the calendar year was a Holder 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 (iv) 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 make available to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Residual Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Financial Asset Securities Corp Asset Back Cert Ser 2003-1)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, on information provided to the Trust Administrator by the Master Servicer (which in turn shall be based on information provided to the Master Servicer by the Servicer), the Trust Administrator shall prepare and such other information as make available to each Holder of the Trustee shall reasonably requireRegular Certificates, the Swap Provider, the Credit Risk Manager, the Servicer, the Certificate Insurer and the Seller hereby agrees Rating Agencies, a statement as to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at distributions made on such time. Not later than each Distribution Date the Trustee shall prepare a statement (the “Remittance ReportMonthly Statement”) containing the information set forth below with respect to such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:):
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iiiiv) the amount any fees and expenses of the distribution set forth in paragraph (i) above in respect of interest Trust accrued and the amount thereof in respect of any Class Interest Carryover Shortfall, paid on such Distribution Date and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the amount of the distribution set forth in paragraph (i) above in respect of principal to whom such fees and the amount thereof in respect of the Class Principal Carryover Shortfall, and any remaining Class Principal Carryover Shortfallexpenses were paid;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period (including the general purpose of such Advances);
(vi) the Servicing Fee and the Trustee Fee (including the separate amounts payable to each of the Trustee and its Custodian);
(vii) the Pool Balance as of the close of business on the last day of the preceding Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal above;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and the calculation thereof;
(xi) the aggregate amount of Principal Prepayments interest and scheduled principal received during or advanced by the related Prepayment Period;
(xii) the amount of all Curtailments that were received during the Due Period;
(xiii) the principal portion of all Monthly Payments received during the Due Period;
(xiv) the interest portion of all Monthly Payments received on the Mortgage Loans during the Due Period;
(xv) the amount of the Monthly Advances and the Compensating Interest payment Servicer with respect to be made on the Determination Date;
(xvi) the amount to be distributed to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for the Distribution Date;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due Period;
(xviiivii) with respect to each Loan Group, the amount of all payments or reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer);
(xix) the number of Mortgage Loans outstanding related group balance at the beginning and Close of Business at the end of the related Due Period;
(xxviii) the amount of Liquidation Loan Losses experienced during the preceding Due Period number, aggregate principal balance, weighted average remaining term to maturity and the Cumulative Net Losses as a percentage weighted average Mortgage Rate of the Cut-Off Date Pool BalanceMortgage Loans as of the related Determination Date;
(xxiix) the number and aggregate unpaid principal balance of Mortgage Loans (except those Mortgage Loans that are liquidated as of the end of the preceding calendar month, related Prepayment Period) that were (as determined using the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent OTS method) (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance A) Delinquent (exclusive of Mortgage Loans in bankruptcy; 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 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;
(x) the Delinquency Percentage;
(xi) the total number and cumulative principal balance of all Liquidated Mortgage Loans as of the Close of Business of the last day of the preceding Prepayment Period, prior to the reduction of each principal balance to zero;
(xii) 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;
(xiii) 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;
(xiv) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the number and cumulative amount of Realized Losses;
(xv) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xvi) the Certificate Principal Balance of Mortgage Loans which are REO Propertyeach Class of Class A Certificates and the Class C Certificates, before and after giving effect to the distributions made on such Distribution Date;
(xvii) the Monthly Interest Distributable Amount in respect of each separately set forth)Class of Class A Certificates and the Class C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates and the Class C Certificates for such Distribution Date;
(xviii) 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 3.26;
(xix) the Senior Credit Enhancement Percentage for such Distribution Date;
(xx) the Net WAC Rate Carryover Amount for each Class of Class A Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xxi) the amount of any Net Swap Payments or Swap Termination Payments (a) due from the Trust and (b) due from the Swap Provider;
(xxii) for whether the Distribution Stepdown Date or a Trigger Event is in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan Accounteffect;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by total cashflows received (including amounts received from the Servicer during Supplemental Interest Trust Trustee under the related Due Period (as reported by the ServicerInterest Rate Swap Agreement);
(xxiv) the amount of Net Rate Cap Carryover distributed respective Pass-Through Rates applicable to each Class of Offered Class A Certificates (other than and the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, C Certificates for such Distribution Date and the amount Pass-Through Rate applicable to each Class of Net Rate Cap Carryover remaining Class A Certificates for each such Classthe immediately succeeding Distribution Date;
(xxv) 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 Net Rate Cap Fundapplicable Record Date, Accrual Period and Determination Date for calculating distributions for such Distribution Date;
(xxix) the amounts amount of each deposit and withdrawal from such Accountany payments/draws under the Policy; and
(xxvixxx) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Accountof any Reimbursement Amounts paid and any outstanding Reimbursement Amounts. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off Date. The Trustee Trust Administrator will make the Remittance Report 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 parties to this Agreement Rating Agencies via the TrusteeTrust Administrator’s internet website. The TrusteeTrust Administrator’s internet website shall initially be located at “▇w▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the TrusteeTrust Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are 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 Remittance Reports 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 TrusteeTrust Administrator’s internet website, the Trustee Trust Administrator may require registration and the acceptance of a disclaimer. The Trustee Trust Administrator will not be liable for the dissemination of information in accordance with this Agreement. The Trustee 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 Remittance Report 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 heretothereto). 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 shall Trust Administrator shall, upon written request, furnish to the Certificate Insurer and each Person who at any time during the calendar year was a Holder 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 (iv) 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 make available to the Class R Certificateholders in Certificate Insurer and the same manner as the Remittance Report is made available to all Residual Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person Trust Administrator pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer For each Distribution Date, through and including the Trustee Distribution Date in December 2007, the Trust Administrator shall furnish 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 Seller and each Certificateholder (if requested in writing)Trust Administrator, during shall obtain the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall financial information required to be necessary, reasonable or appropriate with respect delivered by the Swap Provider pursuant to the Certificateholder 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 otherwise with respect 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 purposes of this Agreement, all such reports or Trust Administrator the financial information provided to be provided it by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder Swap Provider for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced inclusion in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by Form 10-D relating to such Distribution Date. If on any Distribution Date after December 2007, the Servicer pursuant Significance Percentage is greater than 10%, the Trust Administrator shall include the Significance Percentage on the statement to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreementrelated Distribution Date.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Option One Mortgage Loan Trust 2007-Hl1)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireMaster Servicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date 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 “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds 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 Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on such Distribution Date(other than the Class P Certificates) allocable to interest, separately identified;
(iii) the amount of Overcollateralized Amount, the distribution set forth in paragraph (i) above in respect of interest Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the amount thereof in respect Overcollateralization Target Amount as of any Class Interest Carryover Shortfall, such Distribution Date and the amount of any Class Interest Carryover Shortfall remaining;Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; 104
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Master Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period;
(vi) the Servicing Fee and Pool Balance at the Trustee Fee (including Close of Business at the separate amounts payable to each end of the Trustee and its Custodian)related Due Period;
(vii) the Pool Balance number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the close related Determination Date and the number and aggregate principal balance of business on the last day of all Subsequent Mortgage Loans added during the preceding Due Prepayment Period;
(viii) the Class Principal Balance 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 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 Class case as of Certificates after giving effect to payments allocated to principal abovethe Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date[reserved];
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred the total number and is continuing and cumulative principal balance of all REO Properties as of the calculation thereofClose of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) the aggregate amount of all Curtailments that were received Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the principal portion aggregate amount of all Monthly Payments received during extraordinary Trust Fund expenses withdrawn from the Due PeriodCollection Account for such Distribution Date;
(xiv) the interest portion Certificate Principal Balance of all Monthly Payments received the Class A Certificates, 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 the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the amount Monthly Interest Distributable Amount in respect of each class of Class A Certificates, the Monthly Advances Class S Certificates, each class of Mezzanine Certificates and the Compensating Class C Certificates for such Distribution Date and the Unpaid Interest payment Shortfall Amount, if any, with respect to be made on the Determination Class A Certificates, the Class S Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;; 105
(xvi) the aggregate amount to be distributed of any Prepayment Interest Shortfalls for such Distribution Date, to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for extent not covered by payments by the Distribution DateMaster Servicer pursuant to Section 3.26;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due PeriodCredit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for each class of Class A Certificates, the Class S Certificates and each class of Mezzanine Certificates, if any, for such Distribution Date and the amount of all payments or remaining unpaid after reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)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 each class of Class A Certificates, each class of Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each class of Class A Certificates and 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 outstanding at the beginning to which such payments related) and at the end of the related Due Period;
(xxB) the cumulative amount of Liquidation Loan Losses experienced during payments received related to claims under the preceding Due Period PMI Policy since the Closing Date (and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool Balance;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans to which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forthsuch payments related);
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan Account;
(xxiiiA) the dollar amount of claims made under the PMI Policy that were denied during the Prepayment Period (and the number and aggregate Principal Balance of Mortgage Loans, other than 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 in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicerto which such denials related);
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap FundPre-Funding Accounts, the Interest Coverage Accounts and the amounts of each deposit and withdrawal from such Net WAC Rate Carryover Reserve Account; and
(xxvi) for each the distribution occurring on the Distribution Date immediately following the end of the Funding Period, the balance on deposit in the Group I Pre-Funding Distribution Date, Account and/or the remaining amount in the Group II Pre-Funding Account. The Trustee shall make available such report 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 Servicerrelated Class A Certificates as a mandatory distribution of principal, the Sellerif any, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the such Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off Date. 106 The Trustee will make the Remittance Report 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 parties to this Agreement Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “"▇▇▇.▇▇▇▇▇▇▇.▇▇▇”". Assistance in using the website can be obtained by calling the Trustee’s 's customer service desk at (▇▇▇301) ▇▇▇815-▇▇▇▇6600. Parties that are 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 Remittance Reports 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 '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 Remittance Report 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 heretothereto). 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 shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Holder 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 (iv) 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 make available forward to the NIMS Insurer and the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.107
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Option One Mort Accept Corp Asset Backed Cert Ser 2002-3)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireMaster Servicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date 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 “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Master Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period;
(vi) the Servicing Fee and Pool Balance at the Trustee Fee (including Close of Business at the separate amounts payable to each end of the Trustee and its Custodian)related Due Period;
(vii) the Pool Balance number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the close related Determination Date;
(viii) the number and aggregate unpaid principal balance of business 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 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 Due Period;
such Distribution Date and (viiiD) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal aboveREO Properties;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date[reserved];
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred the total number and is continuing and cumulative principal balance of all REO Properties as of the calculation thereofClose of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) the aggregate amount of all Curtailments that were received Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the principal portion aggregate amount of all Monthly Payments received during extraordinary Trust Fund expenses withdrawn from the Due PeriodCollection Account for such Distribution Date;
(xiv) the interest portion Certificate Principal Balance of all Monthly Payments received the Class A Certificates, the Mezzanine Certificates and the Class C Interest, after giving effect to the distributions made on the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the amount Monthly Interest Distributable Amount in respect of the Monthly Advances each Class of Class A Certificates, each Class of Mezzanine Certificates and the Compensating Class C Certificates for such Distribution Date and the Unpaid Interest payment Shortfall Amount, if any, with respect to be made on the Determination Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount to be distributed of any Prepayment Interest Shortfalls for such Distribution Date, to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for extent not covered by payments by the Distribution DateMaster Servicer pursuant to Section 3.26;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due PeriodCredit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for each Class of Class A Certificates and each Class of Mezzanine Certificates, if any, for such Distribution Date and the amount of all payments or remaining unpaid after reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)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 each Class of Class A Certificates, each Class of Mezzanine Certificates and the Class C Interest for such Distribution Date and the Pass- Through Rate applicable to each Class of Class A Certificates and 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 outstanding at the beginning to which such payments related) and at the end of the related Due Period;
(xxB) the cumulative amount of Liquidation Loan Losses experienced during payments received related to claims under the preceding Due Period PMI Policy since the Closing Date (and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool Balance;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans to which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forthsuch payments related);
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan Account;
(xxiiiA) the dollar amount of claims made under the PMI Policy that were denied during the Prepayment Period (and the number and aggregate Principal Balance of Mortgage Loans, other than 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 in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicerto which such denials related);
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;; and
(xxv) the amount on deposit in the Net Rate Cap Fund, and Dividend Account immediately prior to the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution related Master Servicer Remittance Date, the remaining amount in deposited into the Pre-Funding Account. The Trustee shall make available such report Dividend Account on the related Master 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 Master Servicer Remittance Date (separately identifying the amount refunded to Mortgagors and the amount distributed to the Servicer, holder of the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) Dividend Account Certificate on the such Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off Date. The Trustee will make the Remittance Report such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “"▇▇▇.▇▇▇▇▇▇▇.▇▇▇”". Assistance in using the website can be obtained by calling the Trustee’s 's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are 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 Remittance Reports 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 '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 Remittance Report 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 heretothereto). 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 shall, upon written request, furnish to each Person who at any time during the calendar year was a Holder 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 (iv) 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 make available to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Residual Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Financial Assets Sec Corp First Frank Mort Ln Tr 2002-Ff1)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireServicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS Insurer, the Credit Risk Manager, the Servicer, the Swap Provider and the Rating Agencies, a statement (as to the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the amount fees and expenses of the distribution set forth in paragraph (i) above in respect of principal Trust Fund accrued and the amount thereof in respect of the Class Principal Carryover Shortfall, paid on such Distribution Date and any remaining Class Principal Carryover Shortfallto whom such fees and expenses were paid;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period (including the general purpose of such Advances);
(vi) the Servicing Fee and the Trustee Fee (including the separate amounts payable to each of the Trustee and its Custodian);
(vii) the Pool Balance as of the close of business on the last day of the preceding Due Period;
(viii) the Class aggregate Principal Balance of each Class of Certificates after giving effect to payments allocated to principal above;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and the calculation thereof;
(xi) the aggregate amount of Principal Prepayments received during the related Prepayment Period;
(xii) the amount of all Curtailments that were received during the Due Period;
(xiii) the principal portion of all Monthly Payments received during the Due Period;
(xiv) the interest portion of all Monthly Payments received on the Mortgage Loans during the Due Period;
(xv) the amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date;
(xvi) the amount to be distributed to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for the Distribution Date;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate any REO Properties as of the first day of the related Due Period;
(xviii) the amount of all payments or reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer);
(xix) the number of Mortgage Loans outstanding at the beginning and at the end of the related Due Period;
(xxvii) the amount of Liquidation Loan Losses experienced during the preceding Due Period number, aggregate Stated Principal Balance, weighted average remaining term to maturity and the Cumulative Net Losses as a percentage weighted average Mortgage Rate of the Cut-Off Date Pool BalanceMortgage Loans as of the related Determination Date;
(xxiviii) the number and aggregate unpaid Stated Principal Balance of Mortgage Loans (not including a Liquidated Mortgage Loan as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent Prepayment Period) that were (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance A) Delinquent (exclusive of Mortgage Loans in bankruptcy; 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 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) the total number and cumulative Stated Principal Balance of Mortgage Loans all REO Properties as of the Close of Business of the last day of the calendar month preceding the related Distribution Date;
(x) 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, the Cumulative Loss Percentage and the Realized Loss Percentage;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period which are REO Propertywill include the cumulative amount of Realized Losses 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 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;
(xv) the Monthly Interest Distributable Amount in respect of each separately set forthClass of Floating Rate Certificates, the Class X Certificates and the Class C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to each Class of Floating Rate Certificates, the 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 Servicer pursuant to Section 3.24;
(xvii) the Net WAC Rate Carryover Amount for each Class of Floating Rate Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xviii) whether the Stepdown Date or a Trigger Event has occurred;
(xix) the total 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);
(xx) the respective Pass-Through Rates applicable to each Class of Floating Rate Certificates, the Class X Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Floating Rate Certificates and Class X 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) for the Distribution Date in April 2004 and May 2004, amount of any Net Swap Payments or Swap Termination Payments paid to the amount, if any, on deposit in the First Payment Loan Account;Swap Provider; and
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer);
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution applicable Record Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available Accrual Period and any other applicable determination dates for calculating distributions for such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off Date. The Trustee will make the Remittance Report 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 parties to this Agreement Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.www.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇1-▇▇▇▇866-846-4526. Parties that are 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 Remittance Reports 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 Remittance Report 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 heretothereto). In the case of information furnished pursuant to subclauses (i) and (ii) 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 shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Holder 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 (iiii) and (ivii) 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 make available to the Class R Certificateholders in NIMS Insurer and the same manner as the Remittance Report is made available to all Residual Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and On each Distribution Date, the Trustee shall furnish make available an updated electronic loan-level data tape to the DepositorBloomberg Financial Markets, the Seller Inc., Loan Performance and Intex Solutions in a format acceptable to each Certificateholder (if requested in writing)of Bloomberg Financial Markets, during the term of this AgreementInc., such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by Loan Performance and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary natureIntex Solutions, and shall not be copied or distributed except supply such electronic loan-level data tape to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of each Certificateholder who requests such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreementinformation.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Soundview Home Loan Trust 2007-Opt5)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireMaster Servicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date 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 “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Master Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover Shortfall109 Trustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the amount of Excess Interest paid as principal;
(vi) the Servicing Fee and the Trustee Fee (including the separate amounts payable to each of the Trustee and its Custodian);
(vii) the Pool Balance as of the close of business on the last day of the preceding Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal above;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and the calculation thereof;
(xi) the aggregate amount of Principal Prepayments received during the related Prepayment Period;
(xii) the amount of all Curtailments that were received during the Due Period;
(xiii) the principal portion of all Monthly Payments received during the Due Period;
(xiv) the interest portion of all Monthly Payments received on the Mortgage Loans during the Due Period;
(xv) the amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date;
(xvi) the amount to be distributed to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for the Distribution Date;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due Period;
(xviiivi) the aggregate amount of all payments interest and scheduled principal received or reimbursements advanced by the Master Servicer with respect to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)related Due Period;
(xixvii) with respect to each Loan Group, the number of Mortgage Loans outstanding related group balance at the beginning and Close of Business at the end of the related Due Period;
(xxviii) the amount number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of Liquidation Loan Losses experienced 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 Due Prepayment Period;
(ix) 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 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;
(x) the total number and cumulative principal balance of all Liquidated Mortgage Loans as of the Close of Business of the last day of the preceding Prepayment Period, prior to the reduction of each principal balance to zero;
(xi) 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;
(xii) 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;
(xiii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the Cumulative cumulative amount of Realized Losses;
(xiv) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xv) the Certificate Principal Balance of each Class of Class A Certificates, each class of Mezzanine Certificates and the Class C Certificates, after giving effect to the distributions made on such Distribution Date;
(xvi) the Monthly Interest Distributable Amount in respect of each class of Class A Certificates, each class of Mezzanine Certificates and the Class 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;
(xvii) 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;
(xviii) the Credit Enhancement Percentage for such Distribution Date;
(xix) the Net Losses as a percentage WAC Rate Carryover Amount for each class of Class A Certificates and each class of Mezzanine Certificates, if any, for such Distribution Date and the Cut-Off Date Pool Balanceamount remaining unpaid after reimbursements therefor on such Distribution Date;
(xx) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date;
(xxi) as of when the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 Stepdown Date or more days delinquent (including the number and Principal Balance of Mortgage Loans which are a Trigger Event is in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)effect;
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan AccountAvailable Funds;
(xxiii) the number respective Pass-Through Rates applicable to each Class of Class A Certificates, each Class of Mezzanine Certificates and aggregate Principal Balance the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by Class A Certificates and each class of Mezzanine Certificates for the Servicer during the related Due Period (as reported by the Servicer)immediately succeeding Distribution Date;
(xxiv) (A) the amount of Net Rate Cap Carryover distributed payments received related to each Class of Offered Certificates claims under the PMI Policy during the related Prepayment Period (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the number of Mortgage Loans to which such payments related) and (B) the cumulative amount of Net Rate Cap Carryover remaining for each payments received related to claims under the PMI Policy since the Closing Date (and the number of Mortgage Loans to which such Classpayments related);
(xxvA) 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);
(xxvi) the amount on deposit in the Net Rate Cap Fund, Pre-Funding Accounts and the amounts of each deposit and withdrawal from such Net WAC Rate Carryover Reserve Account; and
(xxvixxvii) for each the distribution occurring on the Distribution Date immediately following the end of the Funding Period, the balance on deposit in the Group I Pre-Funding Distribution Date, Account and/or the remaining amount in the Group II Pre-Funding Account. The Trustee shall make available such report 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 Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report related Class A Certificates as a dollar amount for each Class for each $1 original dollar amount as mandatory distribution of the related Cut-Off principal, if any, on such Distribution Date. The Trustee will make the Remittance Report 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 parties to this Agreement Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “"www.ctslink.com". Assistance in us▇▇▇ ▇.▇▇ ▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website ▇ can be obtained by calling the Trustee’s 's customer service desk at (▇▇▇301) ▇▇▇815-▇▇▇▇6600. Parties that are 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 Remittance Reports 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 '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 Remittance Report 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 heretothereto). 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 shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Holder 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 (iv) 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 make available forward to the NIMS Insurer and the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Option One Mortgage Acceptance Loan Trust 2004-2)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireMaster Servicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date 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 “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Master Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period;
(vi) the Servicing Fee and Pool Balance at the Trustee Fee (including Close of Business at the separate amounts payable to each end of the Trustee and its Custodian)related Due Period;
(vii) the Pool Balance number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the close related Determination Date;
(viii) the number and aggregate unpaid principal balance of business 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 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 Due Period;
such Distribution Date and (viiiD) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal aboveREO Properties;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date[reserved];
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred the total number and is continuing and cumulative principal balance of all REO Properties as of the calculation thereofClose of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) the aggregate amount of all Curtailments that were received Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the principal portion aggregate amount of all Monthly Payments received during extraordinary Trust Fund expenses withdrawn from the Due PeriodCollection Account for such Distribution Date;
(xiv) the interest portion Certificate Principal Balance of all Monthly Payments received the Class A Certificates, the Mezzanine Certificates and the Class C Certificates, after giving effect to the distributions made on the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the amount Monthly Interest Distributable Amount in respect of the Monthly Advances Class A Certificates, the Mezzanine Certificates and the Compensating Class C Certificates for such Distribution Date and the Unpaid Interest payment Shortfall Amount, if any, with respect to be made on the Determination Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount to be distributed of any Prepayment Interest Shortfalls for such Distribution Date, to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for extent not covered by payments by the Distribution DateMaster Servicer pursuant to Section 3.26;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due PeriodCredit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the Offered Certificates, if any, for such Distribution Date and the amount of all payments or remaining unpaid after reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the number distribution of Mortgage Loans outstanding at the beginning and at the end of the related Due Periodprincipal on such Distribution Date;
(xx) when the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as Stepdown Date or a percentage of the Cut-Off Date Pool BalanceTrigger Event has occurred;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)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 Offered Certificates for the immediately succeeding Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan Account;Date; and
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer);
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net WAC Rate Cap Fund, and the amounts of each deposit and withdrawal from such Carryover Reserve Account; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off Date. The Trustee will make the Remittance Report 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 parties to this Agreement Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “"▇▇▇.▇▇▇▇▇▇▇.▇▇▇”". Assistance in using the website can be obtained by calling the Trustee’s 's customer service desk at (▇▇▇301) ▇▇▇815-▇▇▇▇6600. Parties that are 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 Remittance Reports 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 '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 Remittance Report 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 heretothereto). 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 shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Holder 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 (iv) 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 make available to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Option One Mortgage Accept Corp Asset Backed Cer Ser 2002-4)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireMaster Servicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date 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 “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates allocable to principal, 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 and the Certificate Rate for each Class for Principal Balances of the related Distribution DateRegular Certificates before and after any distributions of principal;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Master Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period (including the general purpose of such Advances);
(vi) the Servicing Fee and the Trustee Fee (including the separate amounts payable to each of the Trustee and its Custodian);
(vii) the Pool Balance as of the close of business on the last day of the preceding Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal above;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and the calculation thereof;
(xi) the aggregate amount of Principal Prepayments interest and scheduled principal received during or advanced by the related Prepayment Period;
(xii) the amount of all Curtailments that were received during the Due Period;
(xiii) the principal portion of all Monthly Payments received during the Due Period;
(xiv) the interest portion of all Monthly Payments received on the Mortgage Loans during the Due Period;
(xv) the amount of the Monthly Advances and the Compensating Interest payment Master Servicer with respect to be made on the Determination Date;
(xvi) the amount to be distributed to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for the Distribution Date;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due Period;
(xviiivii) with respect to each Loan Group, the amount of all payments or reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer);
(xix) the number of Mortgage Loans outstanding related group balance at the beginning and Close of Business at the end of the related Due Period;
(viii) 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;
(ix) the number and aggregate unpaid principal balance of Mortgage Loans in respect of which (1) one Monthly Payment is Delinquent, (2) two Monthly Payments are Delinquent, (3) three Monthly Payments are Delinquent and (4) foreclosure proceedings have begun;
(x) the total number and cumulative principal balance of all Liquidated Mortgage Loans as of the Close of Business of the last day of the preceding Prepayment Period, prior to the reduction of each principal balance to zero;
(xi) 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;
(xii) 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;
(xiii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses;
(xiv) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xv) the Certificate Principal Balance of each Class of Class A Certificates, each class of Mezzanine Certificates and the Class C Certificates, after giving effect to the distributions made on such Distribution Date;
(xvi) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, each class of Mezzanine Certificates and the Class 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;
(xvii) 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;
(xviii) the Senior Credit Enhancement Percentage for such Distribution Date;
(xix) the Net WAC Rate Carryover Amount for each class of Class A Certificates and each class of Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xx) the amount of Liquidation Loan Losses experienced during any Net Swap Payments or Swap Termination Payments (a) due from the preceding Due Period Trust and (b) due from the Cumulative Net Losses as a percentage of the Cut-Off Date Pool BalanceSwap Provider;
(xxi) as of if the end of the preceding calendar monthStepdown Date is in effect (and if not, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; months remaining until the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forthStepdown Date);
(xxiia) for the Distribution Date in April 2004 and May 2004Delinquency Percentage, the amountnumerator and the denominator used to calculate the Delinquency Percentage and whether the Delinquency Percentage exceeds the level set forth in clause (a) of the definition of Trigger Event, if any(b) the Cumulative Realized Loss Percentage, on deposit the numerator and the denominator used to calculate the Cumulative Realized Loss Percentage and whether the Cumultaive Realized Loss Percentage exceeds the level set forth in clause (b) of the First Payment Loan Accountdefinition of Trigger Event;
(xxiii) the number total cashflows received and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer)general sources thereof;
(xxiv) the amount of Net Rate Cap Carryover distributed respective Pass-Through Rates applicable to each Class of Offered Class A Certificates, each Class of Mezzanine Certificates (other than and the Class AC Certificates for such Distribution Date (and whether such Pass-IO Certificates), stating separately any amounts received from Through Rate was limited by the cap provider with respect to the Interest Rate Cap Agreements, Net WAC Rate) and the amount Pass-Through Rate applicable to each Class of Net Rate Cap Carryover remaining Class A Certificates and each class of Mezzanine Certificates for each such Classthe immediately succeeding Distribution Date;
(xxv) the amount on deposit in the Net WAC Rate Cap Fund, and the amounts of each deposit and withdrawal from such Carryover Reserve Account; and;
(xxvi) 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;
(xxvii) the applicable Record Dates, Accrual Periods and Determination Dates for each Pre-Funding calculating distributions for such Distribution Date, ;
(xxviii) the remaining amount in fees and expenses accrued and paid on such Distribution Date and to whom such fees and expenses were paid;
(xxix) material breaches of representations and warranties regarding the Pre-Funding Account. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off DateMortgage Loans. The Trustee will make the Remittance Report such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders Certificateholders, the NIMS Insurer and the parties to this Agreement Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇”"www.ctslink.com". Assistance in using the website can be obtained by calling the Trustee’s ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇stee's customer service desk at (▇▇▇301) ▇▇▇815-▇▇▇▇6600. Parties that are unable to use the above distribution options option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way Remittance Reports such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access the Trustee’s 's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Remittance Report distribution date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party heretothereto). In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each [$________________] 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 shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Holder 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 (iv) 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 make available forward to the Class R Certificateholders in NIMS Insurer and the same manner as the Remittance Report is made available to all Residual Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Option One Mortgage Acceptance Corp)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireServicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available to each Holder of the Regular Certificates, the 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 (the “Remittance ReportMonthly Statement”) containing the information set forth below with respect to such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:):
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iiiiv) the amount any fees and expenses of the distribution set forth in paragraph (i) above in respect of interest Trust accrued and the amount thereof in respect of any Class Interest Carryover Shortfall, paid on such Distribution Date and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the amount of the distribution set forth in paragraph (i) above in respect of principal to whom such fees and the amount thereof in respect of the Class Principal Carryover Shortfall, and any remaining Class Principal Carryover Shortfallexpenses were paid;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period (including the general purpose of such Advances);
(vi) the Servicing Fee and the Trustee Fee (including the separate amounts payable to each of the Trustee and its Custodian);
(vii) the Pool Balance as of the close of business on the last day of the preceding Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal above;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and the calculation thereof;
(xi) the aggregate amount of Principal Prepayments interest and scheduled principal received during or advanced by the related Prepayment Period;
(xii) the amount of all Curtailments that were received during the Due Period;
(xiii) the principal portion of all Monthly Payments received during the Due Period;
(xiv) the interest portion of all Monthly Payments received on the Mortgage Loans during the Due Period;
(xv) the amount of the Monthly Advances and the Compensating Interest payment Servicer with respect to be made on the Determination Date;
(xvi) the amount to be distributed to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for the Distribution Date;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due Period;
(xviiivii) with respect to each Loan Group, the amount of all payments or reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer);
(xix) the number of Mortgage Loans outstanding related group balance at the beginning and Close of Business at the end of the related Due Period;
(xxviii) the amount of Liquidation Loan Losses experienced during the preceding Due Period number, aggregate principal balance, weighted average remaining term to maturity and the Cumulative Net Losses as a percentage weighted average Mortgage Rate of the Cut-Off Date Pool BalanceMortgage Loans as of the related Determination Date;
(xxiix) the number and aggregate unpaid principal balance of Mortgage Loans (except those Mortgage Loans that are liquidated as of the end of the preceding calendar month, related Prepayment Period) that were (as determined using the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent OTS method) (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance A) Delinquent (exclusive of Mortgage Loans in bankruptcy; 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 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;
(x) the Delinquency Percentage;
(xi) the total number and cumulative principal balance of all Liquidated Mortgage Loans as of the Close of Business of the last day of the preceding Prepayment Period, prior to the reduction of each principal balance to zero;
(xii) 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;
(xiii) 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;
(xiv) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the number and cumulative amount of Realized Losses;
(xv) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xvi) the Certificate Principal Balance of Mortgage Loans which are REO Propertyeach Class of Class A Certificates and the Class C Certificates, before and after giving effect to the distributions made on such Distribution Date;
(xvii) the Monthly Interest Distributable Amount in respect of each separately set forth)Class of Class A Certificates and the Class C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates and the Class C Certificates for such Distribution Date;
(xviii) 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 3.26;
(xix) the Senior Credit Enhancement Percentage for such Distribution Date;
(xx) the Net WAC Rate Carryover Amount for each Class of Class A Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xxi) the amount of any Net Swap Payments or Swap Termination Payments (a) due from the Trust and (b) due from the Swap Provider;
(xxii) for whether the Distribution Stepdown Date or a Trigger Event is in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan Accounteffect;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by total cashflows received (including amounts received from the Servicer during Supplemental Interest Trust Trustee under the related Due Period (as reported by the ServicerInterest Rate Swap Agreement);
(xxiv) the amount of Net Rate Cap Carryover distributed respective Pass-Through Rates applicable to each Class of Offered Class A Certificates (other than and the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, C Certificates for such Distribution Date and the amount Pass-Through Rate applicable to each Class of Net Rate Cap Carryover remaining Class A Certificates for each such Classthe immediately succeeding Distribution Date;
(xxv) (A) the amount of payments received related to claims under the Pool 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 Pool 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 Pool 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 Pool 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 Net WAC Rate Carryover Reserve Account;
(xxviii) the Net Rate Cap Fundapplicable Record Date, Accrual Period and Determination Date for calculating distributions for such Distribution Date;
(xxix) the amounts amount of each deposit and withdrawal from such Accountany payments/draws under the Policy; and
(xxvixxx) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) of any Reimbursement Amounts paid and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off Dateany outstanding Reimbursement Amounts. The Trustee will make the Remittance Report 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 NIMS Insurer, the Swap Provider, the Credit Risk Manager and the parties to this Agreement Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are 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 Remittance Reports 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 Remittance Report 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 heretothereto).
. In the case of information furnished pursuant to subclauses (bi) Within through (iii) above, the amounts shall be expressed in a reasonable period separate section of time after the end report as a dollar amount for each Class for each $1,000 original dollar amount as of each calendar yearthe Cut-off Date. In addition, the Trustee shall 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 Holder 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 (iii) and (iv) 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 that substantially comparable information shall be prepared and furnished by known to the Trustee and if applicable, material modifications, extensions or waivers to Certificateholders pursuant to any requirements of the Code as are in force from time to time.
(c) On each Distribution DateMortgage Loan terms, the Trustee shall make available to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together with such other information as the Trustee deems necessary fees, penalties 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 payments during the preceding 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 month or applicable portion thereof during which such Person was a Class R Certificateholderthat have become material over time. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the For all purposes of this Agreement, all such reports or with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and reported by the Trustee shall based on the OTS methodology. By way of example, a Mortgage Loan would be entitled Delinquent with respect to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, a Monthly Payment due on a Due Date if such reports are Monthly Payment is not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished made by the Servicer pursuant to this Agreement shall be deemed confidential and Close of a proprietary natureBusiness on the Mortgage Loan's next succeeding Due Date, and shall a Mortgage Loan would be more than 30-days Delinquent with respect to such Monthly Payment if such Monthly Payment were not be copied or distributed except made by the Close of Business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the extent required Depositor that it is not subject to any delinquency recognition policy established by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreementits safety and soundness regulators.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Option One Mortgage Loan Trust 2007-Fxd1)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer Trustee shall deliver make available to each Certificateholder, the Trustee by electronic means Yield Maintenance Provider, the Seller, the Credit Risk Manager, any NIMS Insurer and each Rating Agency, a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodstatement based, as applicable, and such other on loan-level information as the Trustee shall reasonably require, and the Seller hereby agrees to provide the Trustee and obtained from the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare a statement (the “Remittance ReportDistribution Date Statement”) containing 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 set forth below 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, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds and the Certificate Rate for amount of the distribution made on such Distribution Date to the Holders of each Class for the related Distribution Dateof Certificates allocable to principal;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates on such Distribution Dateallocable to interest;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining[Reserved];
(iv) the aggregate amount of Servicing Fees and Credit Risk Manager’s Fees for the distribution set forth in paragraph (i) above in respect of principal and the amount thereof in respect of the Class Principal Carryover Shortfall, and any remaining Class Principal Carryover Shortfallrelated Due Period;
(v) the amount of Excess Interest paid as principalAdvances for the related Due Period and the amount of unreimbursed Advances;
(vi) the Servicing Fee and Net WAC at the Trustee Fee (including Close of Business at the separate amounts payable to each end of the Trustee and its Custodian)related Due Period;
(vii) the Pool Balance for such Distribution Date;
(viii) the aggregate Principal Balance of the MTA Indexed Mortgage Loans at the Close of Business at the end of the related Due Period;
(ix) 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) the number, weighted average remaining term to maturity, weighted average life and weighted average Loan Rate of the related Mortgage Loans as of the related Due Date;
(xi) the number and aggregate unpaid principal balance of the related Mortgage Loans, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month, using the MBA method;
(xii) the book value (if available) 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 Due Period;
(viiixiii) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xiv) the aggregate amount of Realized Losses incurred during the related Due Period and the cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to each Class of Certificates after giving effect to 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 payments allocated to principal above;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Dateany distributions made thereon, after giving effect to distributions of principal on such Distribution Date;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and the calculation thereof;
(xi) the aggregate amount of Principal Prepayments received during the related Prepayment Period;
(xii) the amount of all Curtailments that were received during the Due Period;
(xiii) the principal portion of all Monthly Payments received during the Due Period;
(xiv) the interest portion of all Monthly Payments received on the Mortgage Loans during the Due Period;
(xv) the amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date;
(xvi) the amount to be distributed to Monthly Interest Distributable Amount and the Interest Distributable Amount in respect of each related Class P of Certificates, Class BIO for such Distribution Date and Class R Certificateholdersthe respective portions thereof, respectively for if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date;
(xvii) the weighted average remaining term to maturity aggregate amount of the Mortgage Loans any Net Interest Shortfalls and the weighted average Loan Rate as of the first day of the related Due PeriodUnpaid Interest Shortfall Amount for such Distribution Date after giving effect to any distributions made thereon, on such Distribution Date;
(xviii) the amount of all payments or reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)Available Funds;
(xix) the number Pass-Through Rate and related Adjusted Cap Rate for each Class of Mortgage Loans outstanding at the beginning and at the end of the related Due PeriodCertificates for such Distribution Date;
(xx) the amount aggregate Principal Balance of Liquidation Loan Losses experienced Mortgage Loans purchased hereunder by the Seller during the preceding related Due Period Period, and indicating the Cumulative Net Losses as a percentage relevant section of the Cut-Off Date Pool BalanceMortgage Loan Purchase Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each such Mortgage Loan;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)current Recoveries;
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan Accountcumulative Recoveries;
(xxiii) the number and aggregate Principal Balance amount of Mortgage Loansany Basis Risk Shortfall, other than Mortgage Loans in default or imminent defaultif any, that were modified by the Servicer during the related Due Period (as reported by the Servicer)for each Class after giving effect to any distributions made thereon, on such Distribution Date;
(xxiv) the amount of Deferred Interest and Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates)Deferred Interest, stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Classif any;
(xxv) the amount on deposit of Net Deferred Interest, if any, added to the Class Principal Balance of the Certificates
(xxvi) the amount of any Unpaid Interest Shortfall Amount;
(xxvii) the amount of any Final Maturity Reserve Amount deposited in the Net Rate Cap FundFinal Maturity Reserve Account, and and, on the amounts Final Maturity Reserve Termination Date, the amount distributed from the Final Maturity Reserve Account to each Class of each deposit and withdrawal from such AccountCertificates;
(xxviii) the Overcollateralized Amount for that Distribution Date;
(xxix) the Overcollateralization Target Amount for that Distribution Date;
(xxx) the amount remitted by the Administrator to the Trustee pursuant to the Yield Maintenance Allocation Agreement; and
(xxvixxxi) for each Pre-Funding Distribution Date, the remaining amount in of any Class P Distributable Amount and the Pre-Funding Accountamount of any Class ES Distributable Amount. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off Date. The Trustee will make the Remittance Report Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the other parties to this Agreement via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “h▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇.▇▇▇”. /▇▇▇▇.” Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are 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 Remittance Reports such 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. As a condition In the case of information furnished pursuant to access the Trustee’s internet websitesubclauses (i) and (ii) above, the Trustee may require registration and amounts shall be expressed in a separate section of the acceptance report as a dollar amount for each Class for each $1,000 original dollar amount as of a disclaimerthe Cut-off Date. The Trustee will not be liable In addition to the information listed above, such Distribution Date Statement or the report on Form 10-D for the dissemination of information in accordance with this Agreement. The Trustee such Distribution Date 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of include any other party hereto)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 shall shall, upon written request, furnish to any NIMS Insurer and each Person who at any time during the calendar year was a Holder 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 (iiii) and (ivii) 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 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 make available supply an electronic tape to the Class R Certificateholders Bloomberg Financial Markets, Inc. in the same manner as the Remittance Report is made available a format acceptable to all Certificateholders Bloomberg Financial Markets, Inc. on a copy of the reports forwarded to the Holders of the Regular Certificates in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary naturemonthly basis, and shall not be copied or distributed except supply an electronic tape to the extent required by law or Loan Performance and Intex Solutions in a format acceptable to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this AgreementLoan Performance and Intex Solutions on a monthly basis.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (HarborView 2006-Sb1)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireMaster Servicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available by electronic medium 110 to each Holder of the Regular Certificates, the Master Servicer, the Guarantor, the NIMS Insurer and the Rating Agencies, a statement (as to the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds 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 Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Master Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the amount of Excess Interest paid as principalDeficiency Amount, the Guarantor Payments and the Guarantor Reimbursement Amount for such Distribution Date;
(vi) the Servicing Fee and the Trustee Fee (including the separate amounts payable to each of the Trustee and its Custodian);
(vii) the Pool Balance as of the close of business on the last day of the preceding Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal above;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and the calculation thereof;
(xi) the aggregate amount of Principal Prepayments received during the related Prepayment Period;
(xii) the amount of all Curtailments that were received during the Due Period;
(xiii) the principal portion of all Monthly Payments received during the Due Period;
(xiv) the interest portion of all Monthly Payments received on the Mortgage Loans during the Due Period;
(xv) the amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date;
(xvi) the amount to be distributed to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for the Distribution Date;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due Period;
(xviiivii) the amount aggregate Stated Principal Balance of all payments or reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer);
(xix) the number of Mortgage Loans outstanding at the beginning and Close of Business at the end of the related Due Period;
(xxviii) the amount number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of Liquidation the Mortgage Loans as of the related Determination Date;
(ix) the number and aggregate unpaid principal balance of Mortgage Loans (a) delinquent 30-59 days, (b) delinquent 60-89 days, (c) delinquent 90 or more days in each case, as of the last day of the preceding calendar month provided, however that any aggregate unpaid principal balance of Mortgage Loans shall be reported as of the last day of the related Due Period, (d) as to which foreclosure proceedings have been commenced and (e) with respect to which the related Mortgagor has filed for protection under applicable bankruptcy laws, with respect to whom bankruptcy proceedings are pending or with respect to whom bankruptcy protection is in force;
(x) with respect to any Mortgage Loan Losses experienced that became an REO Property during the preceding Due Prepayment Period, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(xi) 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;
(xii) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xiii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the Cumulative Net Losses as a percentage cumulative amount of Realized Losses;
(xiv) the aggregate amount of Extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date;
(xv) the Certificate Principal Balance of the Cut-Off Class A Certificates, the Mezzanine Certificates and the Class C Certificates, after giving effect to the distributions made on such Distribution Date, and the Notional Amount of the Class S Certificates and the Class C Certificates, after giving effect to the distributions made on such Distribution Date;
(xvi) the Monthly Interest Distributable Amount in respect of the Class A Certificates, the Class S Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date Pool Balanceand the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, the Class S Certificates and the Mezzanine Certificates for such Distribution Date;
(xvii) 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 3.24, and the aggregate amount of any Relief Act Interest Shortfalls for such Distribution Date;
(xviii) the Credit Enhancement Percentage for such Distribution Date;
(xix) the Net WAC Rate Carryover Amount for the Class A-1V Certificates, Class A-2 Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xx) [reserved];
(xxi) as of when the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 Stepdown Date or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)a Trigger Event has occurred;
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan AccountAvailable Funds;
(xxiii) the number respective Pass-Through Rates applicable to the Class A Certificates, the Class S Certificates, the Mezzanine Certificates and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during Class C Certificates for such Distribution Date and the related Due Period (as reported by Pass-Through Rate applicable to the Servicer);Class A Certificates and the Mezzanine Certificates for the immediately succeeding Distribution Date; and
(xxiv) the amount of Net Rate Cap Carryover distributed Guarantee Fee to each Class of Offered Certificates (other than be paid to the Class A-IO Certificates), stating separately any amounts received from the cap provider Guarantor with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining Guaranteed Certificates for each such Class;Distribution Date.
(xxv) such other information as the amount on deposit Guarantor may reasonably request in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided format as reasonably requested by the Servicer. In Guarantor and any other information that is required by the case of information furnished pursuant Code and regulations thereunder to subclauses (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off Datemade available to Certificateholders. The Trustee will make the Remittance Report 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 Guarantor, the NIMS Insurer and the parties to this Agreement Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “"http:\\▇▇▇-▇▇▇▇.▇▇▇.▇▇▇▇▇▇▇▇-▇▇▇▇.▇▇▇”/▇▇▇▇. Assistance in using the website can be obtained by calling the Trustee’s 's customer service desk at (▇-▇▇▇) -▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way Remittance Reports 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 In the case of information furnished pursuant to access the Trustee’s internet websitesubclauses (i) through (iii) above, the Trustee may require registration and amounts shall be expressed in a separate Section of the acceptance report as a dollar amount for each Class for each $1,000 original dollar amount as 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto)Closing Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall shall, upon written request, furnish to each Person who at any time during the calendar year was a Holder 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 (iv) 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 make available forward to the Class R Certificateholders in and the same manner as the Remittance Report is made available to all Certificateholders NIMS Insurer a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and . On each Distribution Date the Trustee shall furnish 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 Depositor, the Seller Trustee and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainableBloomberg.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Long Beach Securities Corp Asset Back Cert Ser 2001-2)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, based on the Servicer shall deliver to Mortgage Loan information contained in the Trustee by electronic means a computer file containing Remittance Report, the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Period, as applicable, and such other information as the Trustee shall reasonably require, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee Securities Administrator shall prepare and make available on its website at www.ctslink.com, a statement (the “Remittance Report”"Distribution Date Statement") containing the information set forth below with respect to as t▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇ions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal, separately identified and the Certificate Rate for each amount of the distribution made on such Distribution Date to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Penalties, Originator Prepayment Penalty Payment Amounts and Servicer Prepayment Penalty Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates on allocable to interest or Class CE Distributable Amount, separately identified;
(iii) the Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency and the Targeted Overcollateralization Amount as of such Distribution Date and the Monthly Excess Interest Amount and Monthly Excess Cashflow Amount for such Distribution Date;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in respect of principal and Servicer during the amount thereof in respect of the Class Principal Carryover Shortfall, and any remaining Class Principal Carryover Shortfallrelated Collection Period;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Collection Period, cumulative unreimbursed Advances and Servicing Advances and cumulative Nonrecoverable Advances;
(vi) the Servicing Fee and Pool Balance, at the Trustee Fee (including close of business at the separate amounts payable to each end of the Trustee and its Custodian)related Collection Period;
(vii) the Pool Balance number, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Due Date;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 to 59 days past due on a contractual basis, (b) 60 to 89 days past due on a contractual basis, (c) 90 or more days past due on a contractual basis, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy as of the close of business on the last day of the calendar month preceding Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal abovesuch Distribution Date;
(ix) with respect to any Mortgage Loan that became an REO Property during the Overcollateralization Amount and preceding calendar month, the Required Overcollateralization Amount loan number of such Mortgage Loan, the unpaid Principal Balance of the REO Property as of the close of business on the Distribution Date, after giving effect to distributions last Business Day of principal on such Distribution Datecalendar month and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred 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 is continuing and cumulative principal balance of all REO Properties as of the calculation thereofclose of business of the last day of the preceding Collection Period;
(xi) separately stated for each Loan Group, the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) separately stated for each Loan Group, the aggregate amount of all Curtailments that were received Realized Losses incurred during the Due Periodrelated Collection Period and the cumulative amount of Realized Losses;
(xiii) the principal portion Principal Balance of all Monthly Payments received during each Class of Certificates, after giving effect to the Due Perioddistributions, 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 interest portion Accrued Certificate Interest in respect of all Monthly Payments received 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 the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the aggregate amount of the Monthly Advances any Prepayment Interest Shortfalls and the of any Compensating Interest payment for such Distribution Date, to be made on the Determination Dateextent not covered by payments by the Servicer pursuant to Section 3.23;
(xvi) the amount to be distributed to the Interest Percentage for each Class P of Certificates, the amount of any Current Interest Shortfall and the amount of the distribution made to each Class BIO and Class R Certificateholders, respectively of Certificates pursuant to Section 4.02(e) for the such Distribution Date;
(xvii) the weighted average Cap Carryover Amounts distributed on such Distribution Date, the amounts remaining term after giving effect to maturity of the Mortgage Loans distributions thereof on such Distribution Date and the weighted average Loan Rate as amount of all Cap Carryover Amounts covered by withdrawals from the first day of the related Due Periodapplicable Reserve Account on such Distribution Date;
(xviii) the amount of all payments or reimbursements any Overcollateralization Deficiency after giving effect to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)distribution of principal on such Distribution Date;
(xix) whether a Trigger Event has occurred and is continuing, and the number of Mortgage Loans outstanding at the beginning and at the end cumulative Realized Losses, as a percentage of the related Due Periodoriginal Pool Balance;
(xx) the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool BalanceAvailable Funds;
(xxi) as the Pass-Through Rate for each Class of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)Certificates for such Distribution Date;
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit information contained in the First Payment Loan AccountLiquidation Report for such Distribution Date;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified purchased by the Servicer or the Depositor during the related Due Prepayment Period (as reported by and indicating the Servicer)section of this Agreement requiring or allowing the purchase of each such Mortgage Loan;
(xxiv) the amount aggregate Principal Balance of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from Mortgage Loans repurchased by the cap provider NIMS Insurer or the Depositor during the related Prepayment Period in connection with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such ClassSection 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 Penalty that was the subject of a Principal Prepayment in full during the related Collection Period, the Prepayment Penalty listed on deposit in the Net Rate Cap Fund, each related Mortgage Note and the amounts Prepayment Penalty collected, the Servicer Prepayment Penalty Payment Amount paid by the Servicer or the Originator Prepayment Penalty Payment Amount paid by the Originator with respect to each such Mortgage Loan;
(xxvii) the amount of each deposit and withdrawal from any Yield Maintenance Agreement Payments for such AccountDistribution Date; and
(xxvixxviii) for each Prethe amount of Subsequent Recoveries received during the related Prepayment Period. Assistance in using the Securities Administrator's website can be obtained by calling the Securities Administrator's customer service desk at (301) 815-Funding Distribution Date, the remaining amount in the Pre-Funding Account6600. The Trustee Securities Administrator shall make available provide such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇infor▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on ies that are unable to use the above distribution option by mailing to them via first class mail a paper copy of the Distribution DateDate 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 reports are distributed in order to make such distribution more convenient and/or more accessible to the parties, and the Securities Administrator shall provide timely and adequate notification to all parties regarding any such change. 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 (iii), (iii), (ivii) and (vixiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 1,000 original dollar amount as of the related Cut-Off Closing Date. The Trustee will make the Remittance Report (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way Remittance Reports 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto).
(b) Within a reasonable period of time after the end of each calendar year, the Trustee Securities Administrator shall furnish to each Person who at any time during the calendar year was a Holder 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 (iiii), (ii), (xiv) and (ivxvii) 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 make available forward to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders Certificateholder a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders Class R Certificateholder by the Trustee or Tax Matters Person Securities Administrator pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Wells Fargo Asset Securities Corp)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireServicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Servicer and the Rating Agencies, a statement (as to the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period;
(vi) the Servicing Fee and Pool Balance at the Trustee Fee (including Close of Business at the separate amounts payable to each end of the Trustee and its Custodian)related Due Period;
(vii) the Pool Balance number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the close related Determination Date;
(viii) the number and aggregate unpaid principal balance of business 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 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 Due Period;
such Distribution Date and (viiiD) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal aboveREO Properties;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date[reserved];
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred the total number and is continuing and cumulative principal balance of all REO Properties as of the calculation thereofClose of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) the aggregate amount of all Curtailments that were received Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the principal portion aggregate amount of all Monthly Payments received during extraordinary Trust Fund expenses withdrawn from the Due PeriodCollection Account for such Distribution Date;
(xiv) the interest portion Certificate Principal Balance of all Monthly Payments received the Class A Certificates, the Mezzanine Certificates and the Class C Certificates, after giving effect to the distributions made on the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the amount Monthly Interest Distributable Amount in respect of the Monthly Advances each Class of Class A Certificates, each Class of Mezzanine Certificates and the Compensating Class C Certificates for such Distribution Date and the Unpaid Interest payment Shortfall Amount, if any, with respect to be made on the Determination Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount to be distributed of any Prepayment Interest Shortfalls for such Distribution Date, to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for extent not covered by payments by the Distribution DateServicer pursuant to Section 3.26;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due PeriodCredit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for each Class of Class A Certificates and each Class of Mezzanine Certificates, if any, for such Distribution Date and the amount of all payments or remaining unpaid after reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the number distribution of Mortgage Loans outstanding at the beginning and at the end of the related Due Periodprincipal on such Distribution Date;
(xx) when the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as Stepdown Date or a percentage of the Cut-Off Date Pool BalanceTrigger Event has occurred;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquentAvailable Funds; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth);and
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan Account;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer);
(xxiv) the amount of Net Rate Cap Carryover distributed respective Pass-Through Rates applicable to each Class of Offered Class A Certificates, each Class of Mezzanine Certificates (other than and the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, C Certificates for such Distribution Date and the amount of Net Pass- Through Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report applicable to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class of Class A Certificates and each Class of Mezzanine Certificates for each $1 original dollar amount as of the related Cut-Off immediately succeeding Distribution Date. The Trustee will make the Remittance Report such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “"▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇”". Assistance in using the website can be obtained by calling the Trustee’s 's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are 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 Remittance Reports 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 '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 Remittance Report 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 heretothereto). 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 shall, upon written request, furnish to each Person who at any time during the calendar year was a Holder 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 (iv) 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 make available to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Residual Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Financial Asset Sec Corp Asset Backed Certs Series 2002-1)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee by electronic means Trustee, each Certificateholder, the Seller, the Master Servicer and the Rating Agencies, a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodstatement based, as applicable, and such other on loan-level information as the Trustee shall reasonably require, and the Seller hereby agrees to provide the Trustee and obtained from the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date pursuant to the Trustee shall prepare a statement provision by the Servicer of its Remittance Report (the “Remittance ReportDistribution Date Statement”) containing as to the information set forth below with respect distributions to be made or made, as applicable, on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds and the Certificate Rate for amount of the distribution made on such Distribution Date to the Holders of each Class for the related Distribution Dateof Certificates allocable to principal;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates on such Distribution Dateallocable to interest;
(iii) the amount of Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remainingfollowing Distribution Date;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph Servicer during the related Due Period (i) above in respect of principal and the amount without taking into account any reduction thereof in respect of Compensating Interest) and such other customary information as the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period and the amount of unreimbursed Advances;
(vi) the Servicing Fee Special Hazard Loss Coverage Amount, the Fraud Loss Coverage Amount and the Trustee Fee (including the separate amounts payable to Bankruptcy Loss Coverage Amount, each as of the Trustee and its Custodian)related Determination Date;
(vii) 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;
(viii) 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) for each Loan Group, 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) [RESERVED];
(xi) for each Loan Group the number, weighted average remaining term to maturity and weighted average Loan Rate of the related Mortgage Loans as of the related Due Date;
(xii) the number and aggregate unpaid principal balance of Mortgage Loans in the aggregate and for each Loan Group (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, 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 Business Day of the calendar month preceding the Distribution Date, and, 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 Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal above;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and the calculation thereof;
(xixiv) the aggregate amount of Principal Prepayments received and the Net Realized Losses for each Class of Certificates on such Distribution Date, with respect to each Loan Group made during the related Prepayment Period;
(xii) the amount of all Curtailments that were received during the Due Period;
(xiii) the principal portion of all Monthly Payments received during the Due Period;
(xiv) the interest portion of all Monthly Payments received on the Mortgage Loans during the Due Period;
(xv) the aggregate amount of Realized Losses incurred during the Monthly Advances related Due Period and the Compensating Interest payment to be made on the Determination Datecumulative amount of Realized Losses;
(xvi) the amount Class Certificate Principal Balance or Class Certificate Notional Amount of each Class of Certificates and the Apportioned Principal Balances of the Subordinate Certificates after giving effect to be distributed to the Class P Certificatesany distributions made thereon, Class BIO and Class R Certificateholders, respectively for the on such Distribution Date;
(xvii) the weighted average remaining term to maturity Interest Distributable Amount in respect of the Mortgage Loans each Class of Certificates, for such Distribution Date and the weighted average Loan Rate as respective portions thereof, if any, remaining unpaid following the distributions made in respect of the first day of the related Due Periodsuch Certificates on such Distribution Date;
(xviii) the aggregate amount of all payments or reimbursements to any Net Interest Shortfalls, the Servicer pursuant to Sections 3.03(ii) Unpaid Interest Shortfall Amount, and (vi) (as reported by the Servicer)Interest Shortfall for such Distribution Date;
(xix) the number of Mortgage Loans outstanding at the beginning and at the end of the related Due PeriodAvailable Funds with respect to each Loan Group;
(xx) the amount Pass-Through Rate for each Class of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool BalanceCertificates for such Distribution Date;
(xxi) as of the end of the preceding calendar month, the number and aggregate Principal Balance of Mortgage Loans which are 30-59 days delinquent; purchased hereunder by the number Seller during the related Due Period, and Principal Balance indicating the relevant Section of this Agreement, as applicable, requiring or allowing the purchase of each such Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)Loan;
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan Accountamount of any Principal Deficiency Amounts or Accrued Interest Amounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(f)(i);
(xxiii) the number amount of any Basis Risk Shortfall, if any, and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by accrued interest thereon, with respect to the Servicer)LIBOR Certificates;
(xxiv) the amount of Net Rate Cap Carryover distributed current Recoveries allocable to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;Loan Group; and
(xxv) cumulative Recoveries allocable to each Loan Group. The Securities Administrator will make the amount on deposit Distribution Date Statement (and, at its option, any additional files containing the same information in the Net Rate Cap Fund, an alternative format) available each month to Certificateholders and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution Date, other parties to this Agreement via the remaining amount in the Pre-Funding AccountSecurities Administrator’s internet website. The Trustee Securities Administrator’s internet website shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (initially be located at ▇▇▇ “▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (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 above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such reports are distributed in order to make such distribution more convenient and/or more accessible to the parties, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on and the Distribution DateSecurities Administrator shall provide timely and adequate notification to all parties regarding any such change. The Securities Administrator’s obligations pursuant to this Section 5.04 are limited to the extent of its receipt of all necessary information from the Servicer. The Trustee and the Securities Administrator 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 (ii), (iii), (ivi) and (viii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 1,000 original dollar amount as of the related Cut-Off Date. The Trustee will make the Remittance Report (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way Remittance Reports 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto).
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall Securities Administrator shall, upon written request, furnish to each Person who at any time during the calendar year was a Holder 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 (iiii) and (ivii) 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 make available supply an electronic tape to the Class R Certificateholders Bloomberg Financial Markets, Inc. in the same manner as the Remittance Report is made available a format acceptable to all Certificateholders Bloomberg Financial Markets, Inc. on a copy of the reports forwarded monthly basis, and shall supply an electronic tape to the Holders of the Regular Certificates Loan Performance and Intex Solutions in respect of such Distribution Date a format acceptable to Loan Performance and Intex Solutions on a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together with such other information as the Trustee deems necessary or appropriatemonthly basis.
(d) Within a reasonable period of time after the end On or before January 31st of each year, the Servicer, on behalf of the Trust, shall provide the Securities Administrator with written notice listing all Distribution Date statements with respect to Distribution Dates occurring in the prior calendar year that were included in a Form 8-K filing pursuant to Section 3.28, provided however, that if no Form 10-K is required to be filed for such prior calendar year, the Trustee no written notice shall deliver to be required. No later than March 15th of 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not written notice is provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to Securities Administrator, the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders Securities Administrator shall use sign a certification (in the information therein form attached hereto as Exhibit P), for the purpose of soliciting the customers benefit of the Seller or for any other purpose except as set forth in this AgreementPerson(s) signing the Form 10-K Certification, regarding certain aspects of the Form 10-K Certification.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Provident Funding Mortgage Loan Trust 2005-1)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as the Trustee shall reasonably requireprovided to it by each Servicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Servicers and the Rating Agencies, a statement (as to the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by each Servicer with respect to the distribution set forth in paragraph (i) above in respect of principal related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances and/or Monthly Advances for the related Due Period;
(vi) the Servicing Fee and Pool Balance at the Trustee Fee (including Close of Business at the separate amounts payable to each end of the Trustee and its Custodian)related Due Period;
(vii) the Pool Balance number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the close related Determination Date;
(viii) the number and aggregate unpaid Stated Principal Balance of business 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 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 Due Period;
such Distribution Date and (viiiD) REO Properties, as well as the Class Principal Balance aggregate principal balance of each Class of Certificates after giving effect to payments allocated to principal aboveMortgage Loans that were liquidated and the net proceeds resulting therefrom;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date[reserved];
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred the total number and is continuing and cumulative Stated Principal Balance of all REO Properties as of the calculation thereofClose of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part;
(xii) the aggregate amount of all Curtailments that were Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses and the aggregate amount of Subsequent Recoveries received during the Due Periodrelated Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date;
(xiii) the principal portion aggregate amount of all Monthly Payments received during extraordinary Trust Fund expenses withdrawn from the Due PeriodCollection Account for such Distribution Date;
(xiv) the interest portion Certificate Principal Balance of all Monthly Payments received each Class of Class A Certificates, the Mezzanine Certificates and the Class C Certificates, after giving effect to the distributions made on the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the amount Monthly Interest Distributable Amount in respect of the Monthly Advances Class A Certificates, the Mezzanine Certificates and the Compensating Class C Certificates for such Distribution Date and the Unpaid Interest payment Shortfall Amount, if any, with respect to be made on the Determination Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount to be distributed of any Prepayment Interest Shortfalls for such Distribution Date, to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for extent not covered by payments by the Distribution DateGMACM pursuant to Section 3.24 or by Countrywide Servicing pursuant to Section 2.04 of Exhibit B;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due PeriodCredit 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 of all payments or remaining unpaid after reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the number distribution of Mortgage Loans outstanding at the beginning and at the end of the related Due Periodprincipal on such Distribution Date;
(xx) when the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as Stepdown Date or a percentage of the Cut-Off Date Pool BalanceTrigger Event has occurred;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)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 in April 2004 and May 2004, the amountDate; and
(xxiii) payments, if any, on deposit in made under the First Payment Loan Account;
(xxiii) the number Cap Contract and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer);
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than from payments made under the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off DateContract. The Trustee will make the Remittance Report such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “h▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are 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 Remittance Reports 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 Remittance Report 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 heretothereto). In the case of information furnished pursuant to subclauses (i) and (ii) 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 shall, upon written request, furnish to each Person who at any time during the calendar year was a Holder 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 (iiii) and (ivii) 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 make available to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Residual Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Soundview Home Loan Trust 2005-B)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireMaster Servicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer, the Rating Agencies and the Certificate Insurer, a statement (as to the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds 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 Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Master Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period;
(vi) the Servicing Fee and Pool Balance at the Trustee Fee (including Close of Business at the separate amounts payable to each end of the Trustee and its Custodian)related Due Period;
(vii) the Pool Balance number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the close related Determination Date and the number and aggregate principal balance of business on the last day of all Subsequent Mortgage Loans added during the preceding Due Prepayment Period;
(viii) the Class Principal Balance 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 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 Class case as of Certificates after giving effect to payments allocated to principal abovethe 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 Overcollateralization Amount preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Required Overcollateralization Amount Principal Balance of such Mortgage Loan as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Datedate it became an REO Property;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred the total number and is continuing and cumulative principal balance of all REO Properties as of the calculation thereofClose of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) the aggregate amount of all Curtailments that were received Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the principal portion aggregate amount of all Monthly Payments received during extraordinary Trust Fund expenses withdrawn from the Due PeriodCollection Account for such Distribution Date;
(xiv) the interest portion Certificate Principal Balance of all Monthly Payments received the Class A Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the amount Interest Distributable Amount and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of the Monthly Advances Class A Certificates and the Compensating Interest payment to be made Class S Certificates on the Determination such Distribution Date;
(xvi) the aggregate amount to be distributed of any Prepayment Interest Shortfalls and the Unpaid Interest Shortfall Amount for such Distribution Date, to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for extent not covered by payments by the Distribution DateMaster Servicer pursuant to Section 3.26;
(xvii) the weighted average remaining term aggregate Premium Amount to maturity of be paid to the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due PeriodCertificate Insurer;
(xviii) the Net WAC Rate Carryover Amount, if any, for such Distribution Date and the amount of all payments or remaining unpaid after reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)therefor on such Distribution Date;
(xix) any Overcollateralization Deficiency Amount after giving effect to the number distribution of Mortgage Loans outstanding at the beginning and at the end of the related Due Periodprincipal on such Distribution Date;
(xx) whether the amount of Liquidation Loan Losses experienced during the preceding Due Period Step Up Cumulative Loss Test and/or Step Up Spread Squeeze Test have been met and the Cumulative Net Losses cumulative realized losses, as a percentage of the Cut-Off Date original Pool Balance;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)Available Funds;
(xxii) the Pass-Through Rate for the Class A Certificates for such Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan AccountDate;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer)[reserved];
(xxiv) the amount aggregate Principal Balance of Net Rate Cap Carryover distributed to each Class Mortgage Loans purchased by the Master Servicer or Seller during the related Prepayment Period and indicating the Section of Offered Certificates (other than this Agreement requiring or allowing the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount purchase of Net Rate Cap Carryover remaining for each such ClassMortgage 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 Net Rate Cap Pre-Funding Account, the Interest Coverage Account and each Reserve Fund;
(xxvii) the amount of the Reserve Fund 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 of each deposit and withdrawal from such Accountrendered under the Yield Maintenance Agreement; and
(xxvixxix) for each Pre-the distribution occurring on the Distribution Date immediately following the end of the related Funding Distribution DatePeriod, the remaining amount balance on deposit in the Pre-Funding Account. The Trustee shall make available such report Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report Class A Certificates as a dollar amount for each Class for each $1 original dollar amount as mandatory prepayment of the related Cut-Off principal, if any, on such Distribution Date. The Trustee will make the Remittance Report such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders Certificateholders, the Rating Agencies and the parties to this Agreement Certificate Insurer via the Trustee’s 's internet websitewebsite and its fax-on-demand service. The Trustee’s 's fax-on-demand service may be accessed by calling (301) 815-6610. The Trustee's internet website shall initially be located at “"▇▇▇.▇▇▇▇▇▇▇.▇▇▇”". Assistance in using the website or the fax-on-demand service can be obtained by calling the Trustee’s 's customer service desk at (▇▇▇301) ▇▇▇815-▇▇▇▇6600. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way Remittance Reports 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 In the case of information furnished pursuant to access the Trustee’s internet websitesubclauses (i) through (iii) above, the Trustee may require registration and amounts shall be expressed in a separate section of the acceptance report as a dollar amount for each Class for each $1,000 original dollar amount as 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto)Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall shall, upon written request, furnish to each Person who at any time during the calendar year was a Holder 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 (iv) 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 make available forward to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and Trustee hereby agrees to disclose the Trustee shall furnish Premium Amount to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainableany Person upon request.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Option One Mort Ln Tr 1999-3 Asset Backed Cert Ser 1999-3)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireServicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Servicer and the Rating Agencies, a statement (as to the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems 105 necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period;
(vi) the Servicing Fee and Pool Balance at the Trustee Fee (including Close of Business at the separate amounts payable to each end of the Trustee and its Custodian)related Due Period;
(vii) the Pool Balance number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the close related Determination Date;
(viii) the number and aggregate unpaid principal balance of business 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 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 Due Period;
such Distribution Date and (viiiD) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal aboveREO Properties;
(ix) payments, if any, made under the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution DateCap Contract;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred the total number and is continuing and cumulative principal balance of all REO Properties as of the calculation thereofClose of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) the aggregate amount of all Curtailments that were received Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the principal portion aggregate amount of all Monthly Payments received during extraordinary Trust Fund expenses withdrawn from the Due PeriodCollection Account for such Distribution Date;
(xiv) the interest portion Certificate Principal Balance of all Monthly Payments received the Class A Certificates, the Mezzanine Certificates, the Class P Certificates and the Class C Certificates, after giving effect to the distributions made on the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the amount Monthly Interest Distributable Amount in respect of the Monthly Advances each Class of Class A Certificates, each Class of Mezzanine Certificates and the Compensating Class C Certificates for such Distribution Date and the Unpaid Interest payment Shortfall Amount, if any, with respect to be made on the Determination Class A Certificates and the Mezzanine Certificates for such Distribution Date;
(xvi) the aggregate amount to be distributed of any Prepayment Interest Shortfalls for such Distribution Date, to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for extent not covered by payments by the Distribution Date;Servicer pursuant to Section 3.24; 106
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due PeriodCredit 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 of all payments or remaining unpaid after reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)therefor on such Distribution Date;
(xix) the number Overcollateralization Target Amount, any Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of Mortgage Loans outstanding at the beginning and at the end of the related Due Periodprincipal on such Distribution Date;
(xx) when the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as Stepdown Date or a percentage of the Cut-Off Date Pool BalanceTrigger Event has occurred;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquentAvailable Funds; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth);and
(xxii) for the Distribution Date in April 2004 and May 2004respective Pass-Through Rates applicable to the Class A Certificates, the amount, if any, on deposit in the First Payment Loan Account;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer);
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Mezzanine Certificates (other than and the Class AC Certificates for such Distribution Date and the Pass-IO Certificates), stating separately any amounts received from the cap provider with respect Through Rate applicable to the Interest Rate Cap Agreements, Class A Certificates and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class of Mezzanine Certificates for each $1 original dollar amount as of the related Cut-Off immediately succeeding Distribution Date. The Trustee will make the Remittance Report such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “"h▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇”/▇▇▇▇". Assistance in using the website can be obtained by calling the Trustee’s 's customer service desk at (▇▇▇800) ▇▇▇735-▇▇▇▇7777. Parties that are 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 Remittance Reports 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 '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 Remittance Report 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 heretothereto). 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 shall, upon written request, furnish to each Person who at any time during the calendar year was a Holder 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 (iv) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the 107 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 make available to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Residual Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Financial Asset Securities Corp Finance Amer Mo Ln Tr 2003-1)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as the Trustee shall reasonably require, and the Seller hereby agrees provided to provide the Trustee and it by the Servicer with an amended Prepayment Charge Schedulepursuant to Sections 3.19 and 4.04, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Servicer and the Rating Agencies, a statement (as to the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period;
(vi) the Servicing Fee and Pool Balance at the Trustee Fee (including Close of Business at the separate amounts payable to each end of the Trustee and its Custodian)related Due Period;
(vii) the Pool Balance number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the close related Determination Date and the number and aggregate Stated Principal Balance of business on all Subsequent Mortgage Loans added during the last day of the preceding Due Funding Period;
(viii) the Class number and aggregate unpaid 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 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 Class case as of Certificates after giving effect to payments allocated to principal abovethe Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date[Reserved];
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred the total number and is continuing and cumulative Stated Principal Balance of all REO Properties as of the calculation thereofClose of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) the aggregate amount of all Curtailments that were Realized Losses incurred during the related Prepayment Period, the cumulative amount of Realized Losses and the aggregate amount of Subsequent Recoveries received during the Due Periodrelated Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date;
(xiii) the principal portion aggregate amount of all Monthly Payments received during extraordinary Trust Fund expenses withdrawn from the Due PeriodCollection Account for such Distribution Date;
(xiv) the interest portion Certificate Principal Balance of all Monthly Payments received the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates, after giving effect to the distributions made on the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the amount Monthly Interest Distributable Amount in respect of the Monthly Advances each Class of Class A Certificates, each Class of Mezzanine Certificates, each Class of Class B Certificates and the Compensating Class C Certificates for such Distribution Date and the Unpaid Interest payment Shortfall Amount, if any, with respect to be made on the Determination Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount to be distributed to the Class P Certificates, Class BIO and Class R Certificateholders, respectively of any Net Prepayment Interest Shortfalls for the such Distribution Date;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due PeriodCredit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the Class A Certificates, the Mezzanine Certificates and the Class B Certificates, if any, for such Distribution Date and the amount of all payments or remaining unpaid after reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the number distribution of Mortgage Loans outstanding at the beginning and at the end of the related Due Periodprincipal on such Distribution Date;
(xx) when the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as Stepdown Date or a percentage of the Cut-Off Date Pool BalanceTrigger Event has occurred;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)Available Funds;
(xxii) the respective Pass-Through Rates applicable to each Class of Class A Certificates, each Class of Mezzanine Certificates, each Class of Class B Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Class A Certificates and each Class of Mezzanine Certificates and the Class B Certificates for the immediately succeeding Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan AccountDate;
(xxiii) payments, if any, made under the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer)Cap Contract;
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report to Accounts and the Servicer, Interest Coverage Accounts; and
(xxv) for the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) distributions occurring on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by Dates in the Servicer. In month following the case end of information furnished pursuant to subclauses (ii), (iii), (iv) and (vi) abovethe Funding Period, the amounts shall be expressed balance on deposit in a separate section each of the report Pre-Funding Accounts (exclusive of any investment income therein) not used to purchase Subsequent Mortgage Loans and that is being distributed to the related Class A Certificates as a dollar amount for each Class for each $1 original dollar amount as mandatory distribution of the related Cut-Off principal, if any, on such Distribution Date. The Trustee will make the Remittance Report such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “"▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇.▇▇▇”/invr". Assistance in using the website can be obtained by calling the Trustee’s 's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are 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 Remittance Reports 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 '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 Remittance Report 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 heretothereto). In the case of information furnished pursuant to subclauses (i) through (ii) 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 shall, upon written request, furnish to each Person who at any time during the calendar year was a Holder 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 (iiii) and (ivii) 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 make available to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Residual Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Meritage Mortgage Loan Trust 2005-2)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireServicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Servicer and the Rating Agencies, a statement (as to the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover Shortfall112 Trustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period;
(vi) the Servicing Fee and Pool Balance at the Trustee Fee (including Close of Business at the separate amounts payable to each end of the Trustee and its Custodian)related Due Period;
(vii) the Pool Balance number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the close related Determination Date and the number and aggregate Stated Principal Balance of business on all Subsequent Mortgage Loans added during the last day of the preceding Due Funding Period;
(viii) the Class number and aggregate unpaid 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 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 Class case as of Certificates after giving effect to payments allocated to 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 abovebalance of Mortgage Loans that were liquidated and the net proceeds resulting therefrom;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date[reserved];
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred the total number and is continuing and cumulative Stated Principal Balance of all REO Properties as of the calculation thereofClose of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part;
(xii) the aggregate amount of all Curtailments that were Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses and the aggregate amount of Subsequent Recoveries received during the Due Periodrelated Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date;
(xiii) the principal portion aggregate amount of all Monthly Payments received during extraordinary Trust Fund expenses withdrawn from the Due PeriodCollection Account for such Distribution Date;
(xiv) the interest portion Certificate Principal Balance of all Monthly Payments received each Class of Adjustable-Rate Certificates and the Class C Certificates, after giving effect to the distributions made on the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the amount Monthly Interest Distributable Amount in respect of the Monthly Advances each Class of Adjustable-Rate Certificates and the Compensating Class C Certificates for such Distribution Date and 113 the Unpaid Interest payment Shortfall Amount, if any, with respect to be made on each Class of Adjustable-Rate Certificates and the Determination Class C Certificates for such Distribution Date;
(xvi) the aggregate amount to be distributed of any Prepayment Interest Shortfalls for such Distribution Date, to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for extent not covered by payments by the Distribution DateServicer pursuant to Section 3.24;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due PeriodCredit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for each Class of Adjustable-Rate Certificates, if any, for such Distribution Date and the amount of all payments or remaining unpaid after reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the number distribution of Mortgage Loans outstanding at the beginning and at the end of the related Due Periodprincipal on such Distribution Date;
(xx) when the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as Stepdown Date or a percentage of the Cut-Off Date Pool BalanceTrigger Event has occurred;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)Available Funds;
(xxii) the respective Pass-Through Rates applicable to each Class of Adjustable-Rate Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Adjustable-Rate Certificates for the immediately succeeding Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan AccountDate;
(xxiii) payments, if any, made under the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer)Cap Contract;
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report to Accounts and the Servicer, Interest Coverage Accounts; and
(xxv) for the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) distribution occurring on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by Date immediately following the Servicer. In end of the case of information furnished pursuant to subclauses (ii), (iii), (iv) and (vi) aboveFunding Period, the amounts shall be expressed balance on deposit in a separate section of the report 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 dollar amount for each Class for each $1 original dollar amount as mandatory distribution of the related Cut-Off principal, if any, on such Distribution Date. The Trustee will make the Remittance Report such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “"▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇.▇▇▇”/invr". Assistance in using the website can be obtained by calling the Trustee’s 's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are 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 Remittance Reports 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 '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 Remittance Report 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 heretothereto). 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 shall, upon written request, furnish to each Person who at any time during the calendar year was a Holder 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 (iiii) and (ivii) 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 make available to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Residual Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2004-Ffh4)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer Securities Administrator shall deliver prepare and make available to each Holder of the Regular Certificates, the Servicer, the Trustee, the NIMS Insurer, if any, the indenture trustee under the Indenture, the Swap Counterparty and the Rating Agencies a statement by electronic medium (as set forth in the penultimate paragraph of this Section 4.03(a))(the “Monthly Statement”), based on information provided to the Trustee Securities Administrator by electronic means a computer file containing the loan level information necessary Servicer or the Swap Counterparty, as to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period distributions made on such Distribution Date or Due PeriodSwap Payment Date, as applicable, and such other information as the Trustee shall reasonably require, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare a statement (the “Remittance Report”) containing the information set forth below with respect to such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the Record Dates, the Accrual Period, the Determination Date and the Certificate Rate for each Class for the related Distribution Date;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates on such Distribution Dateallocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts;
(iii) the amount of the distribution set forth in paragraph made on such Distribution Date to the Holders of each Class of Regular Certificates (i) above in respect of other than the Class P Certificates), allocable to interest and the amount thereof in respect of any Class Interest Carryover ShortfallPass-Through Rates, and the amount of any Class Interest Carryover Shortfall remainingseparately identified;
(iv) the amount of Overcollateralized Amount, the distribution set forth in paragraph (i) above in respect of principal Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the amount thereof in respect Overcollateralization Target Amount as of such Distribution Date and the Class Principal Carryover Shortfall, and any remaining Class Principal Carryover ShortfallExcess Overcollateralized Amount for the Mortgage Pool for such Distribution Date;
(v) the amount of Excess Interest paid as principalreserved;
(vi) the Servicing Fee Interest Remittance Amount and the Trustee Fee (including the separate amounts payable to each of the Trustee and its Custodian)Principal Remittance Amount for such Distribution Date;
(vii) the Pool aggregate amount of Advances for the related Due Period and the amount of Nonrecoverable Advances for such Distribution Date;
(viii) the number and aggregate Stated Principal Balance of the Mortgage Loans at the Close of Business at the end of the related Due Period and at the beginning of the related Due Period;
(ix) the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the close related Determination Date;
(x) the number and aggregate unpaid principal balance of business on Mortgage Loans (a) delinquent 30-59 days, (b) delinquent 60-89 days, (c) delinquent 90-119 days, (d) 120 or more days in each case, as of the last day of the preceding calendar month; provided, however, that any aggregate unpaid principal balance of Mortgage Loans shall be reported as of the last day of the related Due Period, (e) as to which foreclosure proceedings have been commenced and (f) with respect to which the related Mortgagor has filed for protection under applicable bankruptcy laws, with respect to whom bankruptcy proceedings are pending or with respect to whom bankruptcy protection is in force;
(xi) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(xii) 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;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal above;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and the calculation thereof;
(xixiii) the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) the amount of all Curtailments that were received during the Due Period;
(xiii) the principal portion of all Monthly Payments received during the Due Period;
(xiv) the interest portion aggregate amount of all Monthly Payments received on the Mortgage Loans Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses;
(xv) the aggregate amount of Extraordinary Trust Fund expenses withdrawn from the Monthly Advances and Collection Account or the Compensating Interest payment to be made on the Determination Distribution Account for such Distribution Date;
(xvi) the amount to be distributed Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates, the Junior Subordinate Certificates and the Class C Certificates, before and after giving effect to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for the distributions made on such Distribution Date;
(xvii) the weighted average remaining term to maturity Monthly Interest Distributable Amount in respect of the Mortgage Loans Class A Certificates, the Mezzanine Certificates, the Junior Subordinate Certificates and the weighted average Loan Rate as of Class C Certificates for such Distribution Date and the first day of Unpaid Interest Shortfall Amount, if any, with respect to the related Due PeriodClass A Certificates, the Mezzanine Certificates and the Junior Subordinate Certificates for such Distribution Date;
(xviii) the aggregate amount of all payments or reimbursements any Net Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Servicer or Master Servicer pursuant to Sections 3.03(ii) the Servicing Agreement, and (vi) (as reported by the Servicer)aggregate amount of any Relief Act Interest Shortfalls for such Distribution Date;
(xix) the number of Mortgage Loans outstanding at the beginning and at the end of the related Due PeriodCredit Enhancement Percentage for such Distribution Date;
(xx) the amount of Liquidation Loan Losses experienced during related Net WAC Rate Carryover Amount for the preceding Due Period Class A Certificates, the Mezzanine Certificates and the Cumulative Net Losses as a percentage of Junior Subordinate Certificates, if any, for such Distribution Date and the Cut-Off Date Pool Balanceamount remaining unpaid after reimbursements therefor on such Distribution Date;
(xxi) as of the end of the preceding calendar monthMaster Servicer Fee, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; Servicer Fee and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)Program Administrator Fee on such Distribution Date;
(xxii) for the Distribution whether a Stepdown Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan Accountor a Trigger Event has occurred;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer)Available Funds;
(xxiv) the amount of Net Rate Cap Carryover distributed respective Pass-Through Rates applicable to each Class of Offered Certificates (other than the Class AA Certificates, the Mezzanine Certificates, the Junior Subordinate Certificates and the Class C Certificates for such Distribution Date and the Pass-IO Certificates), stating separately any amounts received from the cap provider with respect Through Rate applicable to the Interest Rate Cap AgreementsClass A Certificates, the Mezzanine Certificates and the amount of Net Rate Cap Carryover remaining Junior Subordinate Certificates for each such Classthe immediately succeeding Distribution Date;
(xxv) Reserved;
(xxvi) any other information that is required by the Code and regulations thereunder to be made available to Certificateholders;
(xxvii) the amount on deposit in the Net Rate Cap Reserve Fund, ;
(xxviii) Reserved;
(xxix) Reserved;
(xxx) the amount of Subsequent Recoveries and Gross Subsequent Recoveries for the related Prepayment Period and the amounts cumulative amount of each deposit Subsequent Recoveries and withdrawal from such AccountGross Subsequent Recoveries in the aggregate; and
(xxvixxxi) the Swap Payment, the Counterparty Payment, the Net Swap Payment and the Net Counterparty Payment for the related Swap Payment Date; the Swap Termination Payment and the Swap Termination Payment remaining unpaid from prior Swap Payment Dates, and in each Precase whether payable by the Trust Fund or by the Swap Counterparty; and any Counterparty Payments unpaid from prior Swap Payment Dates. For purposes of preparing the Monthly Statement, delinquencies shall be determined and reported by the Securities Administrator based on the so-Funding Distribution called “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 or Swap Termination Payment due on a Due Date if such 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 remaining amount in the Pre-Funding Account. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) close of business on the Distribution Mortgage Loan’s second succeeding Due Date. The Trustee may fully rely upon and Securities Administrator shall have no liability with respect to information provided by the Servicer. In the case of information furnished pursuant to subclauses (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off Date. The Trustee will make the Remittance Report such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders Certificateholders, the Trustee, the Servicer, the NIMS Insurer, if any, the Swap Counterparty and the parties to this Agreement Rating Agencies via the TrusteeSecurities Administrator’s internet website. The TrusteeSecurities Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the TrusteeSecurities Administrator’s customer service desk at (▇▇▇) -▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee Securities Administrator shall have the right to change the way Remittance Reports such state ments are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access In 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 case of information in accordance with this Agreement. The Trustee shall also be entitled furnished pursuant 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion subclauses (without suggesting liability on the part of any other party hereto).
(bi) Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was a Holder 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 through (iii) and (iv) above, aggregated for such calendar year or applicable portion thereof during which such Person was the amounts shall be expressed in a Certificateholder. Such obligation separate section 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 report as a dollar amount for each Class for each $1,000 original dollar amount as of the Code as are in force from time to timeClosing Date.
(c) On each Distribution Date, the Trustee shall make available to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireMaster Servicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date 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 “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Master Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the amount of Excess Interest paid as principal;
(vi) the Servicing Fee and the Trustee Fee (including the separate amounts payable to each of the Trustee and its Custodian);
(vii) the Pool Balance as of the close of business on the last day of the preceding Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal above;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and the calculation thereof;
(xi) the aggregate amount of Principal Prepayments received during the related Prepayment Period;
(xii) the amount of all Curtailments that were received during the Due Period;
(xiii) the principal portion of all Monthly Payments received during the Due Period;
(xiv) the interest portion of all Monthly Payments received on the Mortgage Loans during the Due Period;
(xv) the amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date;
(xvi) the amount to be distributed to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for the Distribution Date;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due Period;
(xviiivi) the aggregate amount of all payments interest and scheduled principal received or reimbursements advanced by the Master Servicer with respect to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)related Due Period;
(xixvii) with respect to each Loan Group, the number of Mortgage Loans outstanding related group balance at the beginning and Close of Business at the end of the related Due Period;
(viii) 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;
(ix) 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 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;
(x) the total number and cumulative principal balance of all Liquidated Mortgage Loans as of the Close of Business of the last day of the preceding Prepayment Period, prior to the reduction of each principal balance to zero;
(xi) 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;
(xii) 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;
(xiii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses;
(xiv) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for such Distribution Date;
(xv) the Certificate Principal Balance of each Class of Class A Certificates, each class of Mezzanine Certificates and the Class C Certificates, after giving effect to the distributions made on such Distribution Date;
(xvi) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, each class of Mezzanine Certificates and the Class 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;
(xvii) 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;
(xviii) the Credit Enhancement Percentage for such Distribution Date;
(xix) the Net WAC Rate Carryover Amount for each class of Class A Certificates and each class of Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xx) the amount of Liquidation Loan Losses experienced during any Net Swap Payments or Swap Termination Payments (a) due from the preceding Due Period Trust and (b) due from the Cumulative Net Losses as a percentage of the Cut-Off Date Pool BalanceSwap Provider;
(xxi) as of when the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 Stepdown Date or more days delinquent (including the number and Principal Balance of Mortgage Loans which are a Trigger Event is in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)effect;
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan AccountAvailable Funds;
(xxiii) the number respective Pass-Through Rates applicable to each Class of Class A Certificates, each Class of Mezzanine Certificates and aggregate Principal Balance the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by Class A Certificates and each class of Mezzanine Certificates for the Servicer during the related Due Period (as reported by the Servicer)immediately succeeding Distribution Date;
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to on deposit in the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such ClassCoverage Account;
(xxv) [reserved];
(xxvi) the amount on deposit in the Net WAC Rate Cap Fund, and the amounts of each deposit and withdrawal from such Carryover Reserve Account; and
(xxvixxvii) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off Date[reserved]. The Trustee will make the Remittance Report 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 parties to this Agreement Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “▇w▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee’s 's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are 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 Remittance Reports 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 '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 Remittance Report 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 heretothereto). 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 shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Holder 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 (iv) 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 make available forward to the Class R Certificateholders in NIMS Insurer and the same manner as the Remittance Report is made available to all Residual Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on the Mortgage Loan information as contained in the Trustee shall reasonably requireRemittance Report, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available on its website at h▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/▇▇▇, or at such other site as the Trustee may designate from time to time, for access by each Holder of the Regular Certificates and the Depositor, a statement (as to the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds and the Certificate Rate for amount of the distribution made on such Distribution Date to the Holders of each Class for the related Distribution Dateof Certificates allocable to principal;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates allocable to interest, separately identified; the amount of the distribution made on such Distribution Date to the Holders of the Class CE-1 Certificates and 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 P Certificates;
(iii) the Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency, the Targeted Overcollateralization Amount and the Monthly Excess Interest Amount as of such Distribution Date;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the amount fees and expenses of the distribution set forth in paragraph (i) above in respect of principal Trust accrued and the amount thereof in respect of the Class Principal Carryover Shortfall, paid on such Distribution Date and any remaining Class Principal Carryover Shortfallto whom such fees and expenses were paid;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Collection Period (including the general purpose of such Advances to the extent such information is provided to the Trustee by the Servicer);
(vi) the Servicing Fee and Pool Balance at the Trustee Fee (including close of business at the separate amounts payable to each end of the Trustee and its Custodian)related Collection Period;
(vii) the Pool number, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Due Date;
(viii) the number and aggregate unpaid Principal Balance of Mortgage Loans (a) 30 to 59 days past due on a contractual basis, (b) 60 to 89 days past due on a contractual basis, (c) 90 or more days past due on a contractual basis, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy as of the close of business on the last day of the calendar month preceding Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal abovesuch Distribution Date;
(ix) with respect to any Mortgage Loan that became an REO Property during the Overcollateralization Amount preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Required Overcollateralization Amount 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, after giving effect to distributions and, cumulatively, the total number and cumulative principal balance of principal on such Distribution Date;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and all REO Properties as of the calculation thereofclose of business of the last day of the preceding Collection Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) the aggregate amount of all Curtailments that were received Realized Losses incurred during the Due Periodrelated Collection Period and the cumulative amount of Realized Losses;
(xiii) the principal portion Certificate Principal Balance or Notional Amount, as applicable, of all Monthly Payments received during each Class of Certificates (other than the Due PeriodResidual 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 interest portion Accrued Certificate Interest in respect of all Monthly Payments received each Class of Class A Certificates, Mezzanine Certificates and Class 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 Mortgage Loans during the Due Periodamount of any Net WAC Rate Carryover Amounts;
(xv) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the Monthly Advances and extent not covered by payments by the Compensating Interest payment Servicer pursuant to be made on the Determination DateSection 3.23;
(xvi) the amount Net WAC Rate Carryover Amounts distributed on such Distribution Date and the amounts remaining after giving effect to be distributed to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for the distributions thereof on such Distribution Date;
(xvii) whether a Stepdown Date or Trigger Event has occurred and is continuing, and the weighted average remaining term to maturity cumulative Realized Losses, as a percentage of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due Periodoriginal Pool Balance;
(xviii) the amount of all payments or reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)Available Funds;
(xix) the number rate at which interest accrues for each Class of Mortgage Loans outstanding at the beginning and at the end of the related Due PeriodCertificates for such Distribution Date;
(xx) the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool BalanceReport for such Distribution Date;
(xxi) as of the end of the preceding calendar month, the number and aggregate Principal Balance of Mortgage Loans which are 30-59 days delinquent; purchased by the number Servicer or Sponsor during the related Collection Period and Principal Balance indicating the Section of this Agreement requiring or allowing the purchase of each such Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)Loan;
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan Account;amount of any Net Swap Payments or Swap Termination Payments; and
(xxiii) the number applicable Record Date, Interest Accrual Period, Determination Date, Distribution Date and aggregate Principal Balance any other applicable determination dates for calculating distributions for such Distribution Date. The Trustee’s responsibility for providing the above statement is limited to the availability, timeliness and accuracy of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by information derived from the Servicer);
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), i) through (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 1,000 original dollar amount as of the related Cut-Off off Date. The Trustee will make the Remittance Report (and, at its option, any additional files containing the same information in an alternative format) available each month Parties that are unable to Certificateholders and the parties to this Agreement via use or access the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using are entitled to have a paper copy of the website can be obtained above statement mailed to them by first class mail by calling the Trustee’s customer service desk Trustee at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way Remittance Reports 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto).
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was a Holder 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 (iiii), (ii), (xv) and (ivxx) 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 make available forward to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Residual Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Residual Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (C-Bass Mortgage Loan Trust 2007-Cb3)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer Trustee shall deliver make available to each Certificateholder, the Trustee by electronic means Certificate Insurer, the Seller, and each Rating Agency, a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodstatement based, as applicable, and such other on loan-level information as the Trustee shall reasonably require, and the Seller hereby agrees to provide the Trustee obtained from and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare a statement (the “Remittance ReportDistribution Date Statement”) containing as to the information set forth below with respect distributions to be made or made, as applicable, on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds and the Certificate Rate for amount of the distribution made on such Distribution Date to the Holders of each Class for the related Distribution Dateof Certificates allocable to principal;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates on allocable to interest;
(iii) the Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the following Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Servicer during the related Due Period, the Custodial Fee paid to the Custodian 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 Period and the amount of unreimbursed Advances;
(vi) the Pool Collateral Balance and the Loan Group Collateral Balance for such Distribution Date;
(iiivii) the Loan Group Balance and related Net WAC and applicable Net WAC Cap for each Loan Group at the Close of Business at the end of the related Due Period;
(viii) for each Loan Group, the aggregate Principal Balance of the One-Month MTA Indexed Mortgage Loans at the Close of Business at the end of the related Due Period;
(ix) the amount on deposit in the Prefunding Account in the aggregate and for each Loan Group (including a breakdown of amounts released during the distribution set forth in paragraph (i) above prior calendar month in respect of interest and Aggregate Subsequent Transfer Amounts or amounts included in Available Funds on the amount thereof Distribution Date in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) month following the amount end of the distribution set forth in paragraph (i) above in respect of principal and the amount thereof in respect of the Class Principal Carryover Shortfall, and any remaining Class Principal Carryover Shortfall;
(v) the amount of Excess Interest paid as principal;
(vi) the Servicing Fee and the Trustee Fee (including the separate amounts payable to each of the Trustee and its CustodianPrefunding Period);
(viix) [Reserved];
(xi) for each Loan Group, the number, weighted average remaining term to maturity and weighted average Loan Rate of the related Mortgage Loans as of the related Due Date;
(xii) the Pool Balance number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, 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 Business Day of the calendar month preceding the Distribution Date, and, 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 Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal above;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and the calculation thereof;
(xixiv) the aggregate amount of Principal Prepayments received with respect to each Loan Group made during the related Prepayment Period;
(xiixv) the aggregate amount of Realized Losses incurred during the related Due Period for each Loan Group and the cumulative amount of Realized Losses and the amount of all Curtailments that were received during the Due Period;
(xiii) the principal portion Realized Losses, if any, allocated to each Class of all Monthly Payments received during the Due Period;
(xiv) the interest portion of all Monthly Payments received on the Mortgage Loans during the Due Period;
(xv) the amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination DateCertificates or Principal-Only Components;
(xvi) the amount Class Principal Balance or Class Notional Balance, as applicable, of each Class of Certificates and the Apportioned Principal Balances of the Subordinate Certificates after giving effect to be distributed to the Class P Certificatesany distributions made thereon, Class BIO and Class R Certificateholders, respectively for the on such Distribution Date;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans Monthly Interest Distributable Amount and the weighted average Loan Rate as Interest Distributable Amount in respect of each Class of Certificates, for such Distribution Date and the first day respective portions thereof, if any, remaining unpaid following the distributions made in respect of the related Due Periodsuch Certificates on such Distribution Date;
(xviii) the aggregate amount of all payments or reimbursements to any Net Interest Shortfalls and the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)Unpaid Interest Shortfall Amount for such Distribution Date;
(xix) the number of Mortgage Loans outstanding at the beginning and at the end of the related Due PeriodAvailable Funds with respect to each Loan Group;
(xx) the amount Pass-Through Rate and Adjusted Cap Rate for each Class of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool BalanceCertificates for such Distribution Date;
(xxi) as of the end of the preceding calendar month, the number and aggregate Principal Balance of Mortgage Loans which are 30-59 days delinquent; purchased hereunder by the number Seller during the related Due Period, and Principal Balance indicating the relevant section of the Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each such Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)Loan;
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan Accountamount of any Principal Deficiency Amounts or Accrued Interest Amounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(e)(i);
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer)current Recoveries allocable to each Loan Group;
(xxiv) the amount of Net Rate Cap Carryover distributed cumulative Recoveries allocable to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such ClassLoan Group;
(xxv) the amount on deposit in the Net Rate Cap Fundof any Basis Risk Shortfall, if any, and the amounts of each deposit and withdrawal from such Account; andrelated accrued interest thereon;
(xxvi) for each Pre-Funding Distribution DateLoan Group, the remaining amount in of Deferred Interest and Net Deferred Interest, if any, for such Loan Group;
(xxvii) payments made under the Pre-Funding Account. The Trustee shall make available such report Yield Maintenance Agreements, if any;
(xxviii) the amount of Net Deferred Interest, if any, added to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as Principal Balance of the related Cut-Off DateCertificates;
(xxix) the amount of the Certificate Insurer Reimbursement Amount, if any;
(xxx) the Deficiency Amount, if any, to be paid by the Certificate Insurer;
(xxxi) the number of mortgage loans and the aggregate principal balance of the mortgage loans that have negatively amortized in each Loan Group; and
(xxxii) the amount of any payment to the Class X-3 Certificate of any Class X-3 Amortization Shortfall and the amount remaining on deposit in the Group 3 Prepayment Account, if any, after any such payment. The Trustee will make the Remittance Report 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 other parties to this Agreement via the Trustee’s internet Internet website. The Trustee’s internet Internet website shall initially be located at “▇▇▇.▇▇://▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇”. ▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Trustee’s Trustee customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are 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 Remittance Reports such 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. As a condition In the case of information furnished pursuant to access the Trustee’s internet websitesubclauses (i) and (ii) above, the Trustee may require registration and amounts shall be expressed in a separate section of the acceptance report as a dollar amount for each Class for each $1,000 original dollar amount as 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto)Initial Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall shall, upon written request, furnish to the Certificate Insurer and each Person who at any time during the calendar year was a Holder 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 (iiii) and (ivii) 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 make available supply an electronic tape to the Class R Certificateholders Bloomberg Financial Markets, Inc. in the same manner as the Remittance Report is made available a format acceptable to all Certificateholders Bloomberg Financial Markets, Inc. on a copy of the reports forwarded to the Holders of the Regular Certificates in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary naturemonthly basis, and shall not be copied or distributed except supply an electronic tape to the extent required by law or Loan Performance and Intex Solutions in a format acceptable to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this AgreementLoan Performance and Intex Solutions on a monthly basis.
Appears in 1 contract
Sources: Pooling Agreement (HarborView Mortgage Loan Trust 2005-16)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireServicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Servicer and the Rating Agencies, a statement (as to the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period;
(vi) the Servicing Fee and Pool Balance at the Trustee Fee (including Close of Business at the separate amounts payable to each end of the Trustee and its Custodian)related Due Period;
(vii) the Pool Balance number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the close related Determination Date;
(viii) the number and aggregate unpaid principal balance of business 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 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 Due Period;
such Distribution Date and (viiiD) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal aboveREO Properties;
(ix) payments, if any, made under the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution DateCap Contract;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred the total number and is continuing and cumulative principal balance of all REO Properties as of the calculation thereofClose of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) the aggregate amount of all Curtailments that were received Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the principal portion aggregate amount of all Monthly Payments received during extraordinary Trust Fund expenses withdrawn from the Due PeriodCollection Account for such Distribution Date;
(xiv) the interest portion Certificate Principal Balance of all Monthly Payments received the Class A Certificates, the Mezzanine Certificates, the Class P Certificates and the Class C Certificates, after giving effect to the distributions made on the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the amount Monthly Interest Distributable Amount in respect of the Monthly Advances each Class of Class A Certificates, each Class of Mezzanine Certificates and the Compensating Class C Certificates for such Distribution Date and the Unpaid Interest payment Shortfall Amount, if any, with respect to be made on the Determination Class A Certificates and the Mezzanine Certificates for such Distribution Date;
(xvi) the aggregate amount to be distributed of any Prepayment Interest Shortfalls for such Distribution Date, to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for extent not covered by payments by the Distribution DateServicer pursuant to Section 3.24;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due PeriodCredit 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 of all payments or remaining unpaid after reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)therefor on such Distribution Date;
(xix) the number Overcollateralization Target Amount, any Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of Mortgage Loans outstanding at the beginning and at the end of the related Due Periodprincipal on such Distribution Date;
(xx) when the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as Stepdown Date or a percentage of the Cut-Off Date Pool BalanceTrigger Event has occurred;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquentAvailable Funds; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth);and
(xxii) for the Distribution Date in April 2004 and May 2004respective Pass-Through Rates applicable to the Class A Certificates, the amount, if any, on deposit in the First Payment Loan Account;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer);
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Mezzanine Certificates (other than and the Class AC Certificates for such Distribution Date and the Pass-IO Certificates), stating separately any amounts received from the cap provider with respect Through Rate applicable to the Interest Rate Cap Agreements, Class A Certificates and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class of Mezzanine Certificates for each $1 original dollar amount as of the related Cut-Off immediately succeeding Distribution Date. The Trustee will make the Remittance Report such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “"▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇”/invr". Assistance in using the website can be obtained by calling the Trustee’s 's customer service desk at (▇▇▇800) ▇▇▇735-▇▇▇▇7777. Parties that are 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 Remittance Reports 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 '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 Remittance Report 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 heretothereto). 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 shall, upon written request, furnish to each Person who at any time during the calendar year was a Holder 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 (iv) 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 make available to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Residual Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Financial Asset Sec Corp Ast Back Certs Ser 2003-1)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireMaster Servicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date 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 “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Master Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period;
(vi) the Servicing Fee and Pool Balance at the Trustee Fee (including Close of Business at the separate amounts payable to each end of the Trustee and its Custodian)related Due Period;
(vii) the Pool Balance number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the close related Determination Date and the number and aggregate principal balance of business on the last day of all Subsequent Mortgage Loans added during the preceding Due Prepayment Period;
(viii) the Class Principal Balance 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 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 Class case as of Certificates after giving effect to payments allocated to principal abovethe 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 Overcollateralization Amount preceding Prepayment Period, the unpaid principal balance and the Required Overcollateralization Amount Principal Balance of such Mortgage Loan as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Datedate it became an REO Property;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred the total number and is continuing and cumulative principal balance of all REO Properties as of the calculation thereofClose of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) the aggregate amount of all Curtailments that were received Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the principal portion aggregate amount of all Monthly Payments received during extraordinary Trust Fund expenses withdrawn from the Due PeriodCollection Account for such Distribution Date;
(xiv) the interest portion Certificate Principal Balance of all Monthly Payments received the Class A Certificates, the Mezzanine Certificates and the Class C Certificates, after giving effect to the distributions made on the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the amount Monthly Interest Distributable Amount in respect of the Monthly Advances Class A Certificates, the Mezzanine Certificates and the Compensating Class C Certificates for such Distribution Date and the Unpaid Interest payment Shortfall Amount, if any, with respect to be made on the Determination Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount to be distributed of any Prepayment Interest Shortfalls for such Distribution Date, to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for extent not covered by payments by the Distribution DateMaster Servicer pursuant to Section 3.26;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due PeriodCredit 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 of all payments or remaining unpaid after reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)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 outstanding at the beginning to which such payments related) and at the end of the related Due Period;
(xxB) the cumulative amount of Liquidation Loan Losses experienced during payments received related to claims under the preceding Due Period PMI Policy since the Closing Date (and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool Balance;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans to which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forthsuch payments related);
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan Account;
(xxiiiA) the dollar amount of claims made under the PMI Policy that were denied during the Prepayment Period (and the number and aggregate Principal Balance of Mortgage Loans, other than 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 in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicerto which such denials related);
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap FundPre-Funding Account, the Interest Coverage Account and the amounts of each deposit and withdrawal from such AccountReserve Fund; and
(xxvi) for each Pre-the distribution occurring on the Distribution Date immediately following the end of the Funding Distribution DatePeriod, the remaining amount balance on deposit in the Pre-Funding Account. The Trustee shall make available such report Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report Class A Certificates as a dollar amount for each Class for each $1 original dollar amount as mandatory prepayment of the related Cut-Off principal, if any, on such Distribution Date. The Trustee will make the Remittance Report such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “"www.ctslink.com". Assistance in usin▇ ▇▇▇.▇ ▇▇▇▇▇▇▇ ▇.▇▇▇”. Assistance in using the website can an be obtained by calling the Trustee’s 's customer service desk at (▇▇▇301) ▇▇▇815-▇▇▇▇6600. Parties that are unable to use the una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ 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 Remittance Reports 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 In the case of information furnished pursuant to access the Trustee’s internet websitesubclauses (i) through (iii) above, the Trustee may require registration and amounts shall be expressed in a separate section of the acceptance report as a dollar amount for each Class for each $1,000 original dollar amount as 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto)Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall shall, upon written request, furnish to each Person who at any time during the calendar year was a Holder 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 (iv) 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 make available forward to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Option One Mortgage Acceptance Corp Ass Back Cert Ser 2000 4)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Trustee shall make available to each Certificateholder, the Seller, the Servicer shall deliver to and the Trustee by electronic means Rating Agencies, a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodstatement based, as applicable, and such other on loan-level information as the Trustee shall reasonably require, and the Seller hereby agrees to provide the Trustee and obtained from the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare a statement (the “Remittance ReportDistribution Date Statement”) containing as to the information set forth below with respect distributions to be made or made, as applicable, on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds and the Certificate Rate for amount of the distribution made on such Distribution Date to the Holders of each Class for the related Distribution Dateof Certificates allocable to principal;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates on such Distribution Dateallocable to interest;
(iii) the amount of Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage for the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remainingfollowing Distribution Date;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph Servicer during the related Due Period (i) above in respect of principal and the amount without taking into account any reduction thereof in respect of Compensating Interest) and such other customary information as the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period and the amount of unreimbursed Advances;
(vi) the Servicing Fee Special Hazard Loss Coverage Amount, the Fraud Loss Coverage Amount and the Trustee Fee (including the separate amounts payable to Bankruptcy Loss Coverage Amount, each as of the Trustee and its Custodian)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;
(viii) 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) [RESERVED];
(x) [RESERVED];
(xi) the number, weighted average remaining term to maturity and weighted average Loan Rate of the Mortgage Loans as of the related Due Date;
(xii) the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, 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 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 Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal above;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and the calculation thereof;
(xixiv) the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) the amount of all Curtailments that were received during the Due Period;
(xiii) the principal portion of all Monthly Payments received during the Due Period;
(xiv) the interest portion of all Monthly Payments received on the Mortgage Loans during the Due Period;
(xv) the aggregate amount of Realized Losses incurred during the Monthly Advances related Due Period and the Compensating Interest payment to be made on the Determination Datecumulative amount of Realized Losses;
(xvi) the amount Class Certificate Principal Balance of each Class of Certificate, in each case after giving effect to be distributed to the Class P Certificatesany distributions made thereon, Class BIO and Class R Certificateholders, respectively for the on such Distribution Date;
(xvii) the weighted average remaining term to maturity Interest Distributable Amount in respect of the Mortgage Loans each Class of Certificates, for such Distribution Date and the weighted average Loan Rate as respective portions thereof, if any, remaining unpaid following the distributions made in respect of the first day of the related Due Periodsuch Certificates on such Distribution Date;
(xviii) the aggregate amount of all payments or reimbursements to any Net Interest Shortfalls, the Servicer pursuant to Sections 3.03(ii) Unpaid Interest Shortfall Amount, and (vi) (as reported by the Servicer)Prepayment Interest Shortfall for such Distribution Date;
(xix) the number of Mortgage Loans outstanding at the beginning and at the end of the related Due PeriodAvailable Funds;
(xx) the amount Pass-Through Rate for each Class of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool Balance;Certificates for such Distribution Date; and
(xxi) as of the end of the preceding calendar month, the number and aggregate Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth);
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan Account;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified purchased hereunder by the Servicer Seller during the related Due Period (as reported by the Servicer);
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap AgreementsPeriod, and indicating the amount relevant Section of Net Rate Cap Carryover remaining for this Agreement, as applicable, requiring or allowing the purchase of each such Class;
(xxv) the amount on deposit in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding AccountMortgage Loan. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off Date. The Trustee will make the Remittance Report Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the other parties to this Agreement via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇”. .” Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are 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 Remittance Reports such 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. As a condition to access the The Trustee’s internet website, obligations pursuant to this Section 5.04 are limited to the Trustee may require registration and extent of its receipt of all necessary information from the acceptance of a disclaimerServicer. The Trustee will not be liable for the dissemination of information in accordance may fully rely upon and shall have no liability with this Agreement. The Trustee shall also be entitled respect to rely on but shall not be responsible for the content or accuracy of any information provided by third parties the Servicer. In the case of information furnished pursuant to subclauses (i) and (ii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for purposes each Class for each $1,000 original dollar amount as of preparing the Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto)Cut-Off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall shall, upon written request, furnish to each Person who at any time during the calendar year was a Holder 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 (iv) 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 make available supply an electronic tape to the Class R Certificateholders Bloomberg Financial Markets, Inc. in the same manner as the Remittance Report is made available a format acceptable to all Certificateholders Bloomberg Financial Markets, Inc. on a copy of the reports forwarded monthly basis, and shall supply an electronic tape to the Holders of the Regular Certificates Loan Performance and Intex Solutions in respect of such Distribution Date a format acceptable to Loan Performance and Intex Solutions on a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together with such other information as the Trustee deems necessary or appropriatemonthly basis.
(d) Within a reasonable period of time after the end On or before January 31st of each year, the Servicer, on behalf of the Trust, shall provide the Trustee with written notice listing all Distribution Date statements with respect to Distribution Dates occurring in the prior calendar year that were included in a Form 8-K filing pursuant to Section 3.28, provided however, that if no Form 10-K is required to be filed for such prior calendar year, no written notice shall be required. No later than March 15th of each year in which such written notice is provided by the Servicer to the Trustee, the Trustee shall deliver to each Person who at any time during sign a certification (in the calendar year was a Class R Certificateholderform attached hereto as Exhibit P), if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing for 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 benefit of the Trustee shall be deemed to have been satisfied to Person(s) signing the extent that substantially comparable information shall be prepared by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements Form 10-K Certification, regarding certain aspects of the Code as from time to time in forceForm 10-K Certification.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Provident Funding Mortgage Pass-Through Cert Series 2003-1)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireMaster Servicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date 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 “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Master Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period;
(vi) the Servicing Fee and the Trustee Fee (including the separate amounts payable with respect to each Loan Group, the related group balance at the Close of Business at the end of the Trustee and its Custodian)related Due Period;
(vii) the Pool Balance number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the close related Determination Date and the number and aggregate principal balance of business on the last day of all Subsequent Mortgage Loans added during the preceding Due Prepayment Period;
(viii) the Class Principal Balance 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 107 foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 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 Class case as of Certificates after giving effect to payments allocated to principal abovethe Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date[reserved];
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred the total number and is continuing and cumulative principal balance of all REO Properties as of the calculation thereofClose of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) the aggregate amount of all Curtailments that were received Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the principal portion aggregate amount of all Monthly Payments received during extraordinary Trust Fund expenses withdrawn from the Due PeriodCollection Account for such Distribution Date;
(xiv) the interest portion Certificate Principal Balance of all Monthly Payments received each Class of Class A Certificates, each class of Mezzanine Certificates and the Class C Certificates, after giving effect to the distributions made on the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the amount Monthly Interest Distributable Amount in respect of the Monthly Advances each class of Class A Certificates, each class of Mezzanine Certificates and the Compensating Class C Certificates for such Distribution Date and the Unpaid Interest payment Shortfall Amount, if any, with respect to be made on the Determination Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount to be distributed of any Prepayment Interest Shortfalls for such Distribution Date, to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for extent not covered by payments by the Distribution DateMaster Servicer pursuant to Section 3.26;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due PeriodCredit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for each class of Class A Certificates and each class of Mezzanine Certificates, if any, for such Distribution Date and the amount of all payments or remaining unpaid after reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)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 each Class of Class A Certificates, each Class of Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Class A Certificates and 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 outstanding at the beginning to which such payments related) and at the end of the related Due Period;
(xxB) the cumulative amount of Liquidation Loan Losses experienced during payments received related to claims under the preceding Due Period PMI Policy since the Closing Date (and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool Balance;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans to which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forthsuch payments related);
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan Account;
(xxiiiA) the dollar amount of claims made under the PMI Policy that were denied during the Prepayment Period (and the number and aggregate Principal Balance of Mortgage Loans, other than 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 in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicerto which such denials related);
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap Fund, Pre-Funding Accounts and the amounts of each deposit and withdrawal from such Net WAC Rate Carryover Reserve Account; and
(xxvi) for each the distribution occurring on the Distribution Date immediately following the end of the Funding Period, the balance on deposit in the Group I Pre-Funding Distribution Date, Account and/or the remaining amount in the Group II Pre-Funding Account. The Trustee shall make available such report 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 Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report related Class A Certificates as a dollar amount for each Class for each $1 original dollar amount as mandatory distribution of the related Cut-Off principal, if any, on such Distribution Date. The Trustee will make the Remittance Report 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 parties to this Agreement Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “"▇▇▇.▇▇▇▇▇▇▇.▇▇▇”". Assistance in using the website can be obtained by calling the Trustee’s 's customer service desk at (▇▇▇301) ▇▇▇815-▇▇▇▇6600. Parties that are 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 Remittance Reports 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 '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 Remittance Report 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 heretothereto). 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 shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Holder 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 (iv) 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 make available forward to the NIMS Insurer and the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Option One Mortgage Accep Corp Asset Back Certs Ser 2003-4)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireServicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS Insurer, the Credit Risk Manager, the Servicer, the Swap Provider and the Rating Agencies, a statement (as to the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the amount fees and expenses of the distribution set forth in paragraph (i) above in respect of principal Trust Fund accrued and the amount thereof in respect of the Class Principal Carryover Shortfall, paid on such Distribution Date and any remaining Class Principal Carryover Shortfallto whom such fees and expenses were paid;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period (including the general purpose of such Advances);
(vi) the Servicing Fee and the Trustee Fee (including the separate amounts payable to each of the Trustee and its Custodian);
(vii) the Pool Balance as of the close of business on the last day of the preceding Due Period;
(viii) the Class aggregate Principal Balance of each Class of Certificates after giving effect to payments allocated to principal above;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and the calculation thereof;
(xi) the aggregate amount of Principal Prepayments received during the related Prepayment Period;
(xii) the amount of all Curtailments that were received during the Due Period;
(xiii) the principal portion of all Monthly Payments received during the Due Period;
(xiv) the interest portion of all Monthly Payments received on the Mortgage Loans during the Due Period;
(xv) the amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date;
(xvi) the amount to be distributed to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for the Distribution Date;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate any REO Properties as of the first day of the related Due Period;
(xviii) the amount of all payments or reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer);
(xix) the number of Mortgage Loans outstanding at the beginning and at the end of the related Due Period;
(xxvii) the amount of Liquidation Loan Losses experienced during the preceding Due Period number, aggregate Stated Principal Balance, weighted average remaining term to maturity and the Cumulative Net Losses as a percentage weighted average Mortgage Rate of the Cut-Off Date Pool BalanceMortgage Loans as of the related Determination Date;
(xxiviii) the number and aggregate unpaid Stated Principal Balance of Mortgage Loans (not including a Liquidated Mortgage Loan as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent Prepayment Period) that were (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance A) Delinquent (exclusive of Mortgage Loans in bankruptcy; 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 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) the total number and cumulative Stated Principal Balance of Mortgage Loans all REO Properties as of the Close of Business of the last day of the calendar month preceding the related Distribution Date;
(x) 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, the Cumulative Loss Percentage and the Realized Loss Percentage;
(xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period which are REO Propertywill include the cumulative amount of Realized Losses 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 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;
(xv) the Monthly Interest Distributable Amount in respect of each separately set forthClass of Floating Rate Certificates, the Class X Certificates and the Class C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to each Class of Floating Rate Certificates, the 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 Servicer pursuant to Section 3.24;
(xvii) the Net WAC Rate Carryover Amount for each Class of Floating Rate Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xviii) whether the Stepdown Date or a Trigger Event has occurred;
(xix) the total 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);
(xx) the respective Pass-Through Rates applicable to each Class of Floating Rate Certificates, the Class X Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Floating Rate Certificates and Class X 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) for the Distribution Date in April 2004 and May 2004, amount of any Net Swap Payments or Swap Termination Payments paid to the amount, if any, on deposit in the First Payment Loan AccountSwap Provider;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer);
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Interest Coverage Account; and
(xxvixxiv) for each Pre-Funding Distribution the applicable Record Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available Accrual Period and any other applicable determination dates for calculating distributions for such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off Date. The Trustee will make the Remittance Report 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 parties to this Agreement Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇w▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇1-▇▇▇▇866-846-4526. Parties that are 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 Remittance Reports 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 Remittance Report 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 heretothereto). In the case of information furnished pursuant to subclauses (i) and (ii) 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 shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Holder 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 (iiii) and (ivii) 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 make available to the Class R Certificateholders in NIMS Insurer and the same manner as the Remittance Report is made available to all Residual Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and On each Distribution Date, the Trustee shall furnish make available an updated electronic loan-level data tape to the DepositorBloomberg Financial Markets, the Seller Inc., Loan Performance and Intex Solutions in a format acceptable to each Certificateholder (if requested in writing)of Bloomberg Financial Markets, during the term of this AgreementInc., such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by Loan Performance and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary natureIntex Solutions, and shall not be copied or distributed except supply such electronic loan-level data tape to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of each Certificateholder who requests such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreementinformation.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Soundview Home Loan Trust 2007-Opt4)
Statements. (ai) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Period, as applicable, and such other information as the Trustee shall reasonably require, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available to each Holder of Certificates, the Master Servicer, the Swap Provider and the Depositor a statement (the “Remittance Report”) containing the information set setting forth below with respect to such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds and the Certificate Rate for each Class for the related Distribution Date;Certificates:
(ii) the applicable record dates, accrual periods, determination dates for calculating distributions and general distribution dates;
(iii) with respect to each Loan Group, the total cash flows received and the general sources thereof;
(iv) the amount, if any, of fees or expenses accrued and paid, with an identification of the payee and the general purpose of such fees including the related amount of the Servicing Fees paid to or retained by the Master Servicer for the related Due Period;
(v) with respect to each Loan Group, the amount of any Net Swap Payment payable to the trust with respect to the related Loan Group, any related Net Swap Payment payable to the related Swap Provider, any Swap Termination Payment payable to the trust with respect to the related Loan Group and any Swap Termination Payment payable to the Swap Provider;
(vi) with respect to each Loan Group, the amount of the related distribution to Holders of each Class allocable to principal, separately identifying (A) the aggregate amount of any Principal Prepayments included therein, (B) the aggregate of all scheduled payments of principal included therein and (C) the Extra Principal Distribution Amount (if any);
(vii) with respect to each Loan Group, the amount of such distribution to Holders of each Class allocable to interest and the portion thereof, if any, provided by the related Interest Rate Swap Agreement and the related Yield Maintenance Agreement and the amount of coverage remaining under either credit enhancement with respect to each Loan Group;
(viii) with respect to each Loan Group, the Interest Carry Forward Amounts and any Basis Risk Shortfall Carry Forward Amounts for each Class of Certificates (if any);
(ix) the Pass-Through Rate for each Class of Certificates with respect to the current Accrual Period, and, if applicable, whether such Pass-Through Rate was limited by the Net Rate Cap;
(x) with respect to each Loan Group, the number and the aggregate of the Stated Principal Balance of (A) all of the Mortgage Loans and (B) the Adjustable Rate Mortgage Loans, for the following Distribution Date, together with updated pool composition information;
(xi) the Certificate Principal Balance or Certificate Notional Amount, as applicable, of each Class before and after giving effect (i) to all distributions allocable to principal on such Distribution Date and (ii) the allocation of any Applied Realized Loss Amounts for such Distribution Date;
(iiixii) the amount number and aggregate Stated Principal Balance of the distribution set forth Mortgage Loans in paragraph each Loan Group (iA) above Delinquent (exclusive of Mortgage Loans in respect of interest foreclosure and the amount thereof bankruptcy) (1) 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, (B) in respect of any Class Interest Carryover Shortfallforeclosure and delinquent (1) 30 days Delinquent, (2) 60 days Delinquent and the amount of any Class Interest Carryover Shortfall remaining;
(iv3) the amount of the distribution set forth 90 days or more Delinquent and (C) in paragraph bankruptcy and delinquent (i1) above 30 days Delinquent, (2) 60 days Delinquent and (3) 90 days or more Delinquent, in respect of principal and the amount thereof in respect of the Class Principal Carryover Shortfall, and any remaining Class Principal Carryover Shortfall;
(v) the amount of Excess Interest paid as principal;
(vi) the Servicing Fee and the Trustee Fee (including the separate amounts payable to each of the Trustee and its Custodian);
(vii) the Pool Balance case as of the close of business on the last day of the calendar month preceding Due Periodsuch Distribution Date and separately identifying such information for the (1) first lien Mortgage Loans, (2) second lien Mortgage Loans, and (3) Adjustable Rate Mortgage Loans, in each such Loan Group;
(viiixiii) with respect to each Loan Group, the Class Principal Balance amount of, if any, of each Class excess cashflow or excess spread and the application of Certificates after giving effect to payments allocated to principal abovesuch excess cashflow;
(ixxiv) with respect to each Loan Group, the Overcollateralization Amount and aggregate amount of Advances included in the Required Overcollateralization Amount as distribution on such Distribution Date (including the general purpose of such Advances), the aggregate amount of unreimbursed Advances at the close of business on the Distribution Date, after giving effect and the general source of funds for reimbursements;
(xv) with respect to distributions each Loan Group, the cumulative amount of principal Applied Realized Loss Amounts through the end of the preceding month;
(xvi) with respect to each Loan Group 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;
(xvii) with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the loan number and Stated Principal Balance of, and Realized Loss on, such Mortgage Loan as of the close of business on the Determination Date preceding such Distribution Date;
(xxviii) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and the calculation thereof;
(xi) with respect to each Loan Group, the aggregate amount Stated Principal Balance of, and Realized Loss on, such Mortgage Loans as of Principal Prepayments received during the end of the related Prepayment Period;
(xiixix) with respect to each Loan Group, the amount total number and principal balance of all Curtailments that were received during the Due Period;
(xiii) the principal portion of all Monthly Payments received during the Due Period;
(xiv) the interest portion of all Monthly Payments received on the Mortgage Loans during the Due Period;
(xv) the amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date;
(xvi) the amount to be distributed to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for the Distribution Date;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate any real estate owned or REO Properties as of the first day of the related Due Period;
(xviii) the amount of all payments or reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer);
(xix) the number of Mortgage Loans outstanding at the beginning and at the end of the related Due Prepayment Period;
(xx) with respect to each Loan Group, the amount three month rolling average of Liquidation the percent equivalent of a fraction, the numerator of which is the aggregate Stated Principal Balance of the Mortgage Loans in such Loan Losses experienced during the preceding Due Period Group that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, and the Cumulative Net Losses as a percentage denominator of which is the aggregate Stated Principal Balance of all of the Cut-Off Mortgage Loans in such Loan Group, in each case as of the close of business on the last day of the calendar month preceding such Distribution Date Pool Balanceand separately identifying such information for the (1) first lien Mortgage Loans, and (2) Adjustable Rate Mortgage Loans;
(xxi) as of the Realized Losses during the related Prepayment Period and the cumulative Realized Losses through the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth);
(xxii) with respect to each Loan Group, information on loss, delinquency or other tests used for the Distribution Date in April 2004 and May 2004determining early amortization, the amountliquidation, if any, on deposit stepdowns or other performance triggers as more completely described in the First Payment Loan Accountprospectus supplement and whether the trigger was met;
(xxiii) the number and aggregate Principal Balance of Mortgage Loanswith respect to each Loan Group, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer);
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from Prepayment Charges remitted by the cap provider with respect to the Interest Rate Cap Agreements, Master Servicer and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap Reserve Fund;
(xxiv) updated pool composition data including the following with respect to each Loan Group: average loan balance, weighted average mortgage rate, weighted average loan-to-value ratio at origination, weighted average FICO at originationweighted average remaining term; [NOTE - Item 1121(a)(8) requires updated pool composition information, the foregoing is a suggestion of what to provide]
(xxv) with respect to each Loan Group, information regarding any new issuance of securities backed by the same asset pool, any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund, and if applicable;
(xxvi) any material changes in the amounts solicitation, credit-granting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund;
(xxvii) with respect to each Loan Group, material breaches of each deposit and withdrawal from such AccountMortgage Loan representations or warranties or transaction covenants; and
(xxvixxviii) for each Pre-Funding Distribution Datethe special hazard amount, the remaining fraud loss amount in the Pre-Funding Account. The Trustee shall make available such report to the Servicerand bankruptcy amount, the Sellerif applicable, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cutclose of business on the applicable distribution date and a description of any change in the calculation of these amounts.
(xxix) The Depositor agrees that there will be no material changes in the solicitation, credit-Off Dategranting, underwriting, origination, acquisition or Mortgage Loan selection criteria or procedures, as applicable, used to originate, acquire or select Mortgage Loans for the Trust Fund and (xxv) above may be omitted. The Depositor agrees with the Trustee that there will be no new issuance of securities backed by the same asset pool, so the Trustee will only be responsible in (xxiv) above for reporting any pool asset changes, such as additions or removals of Mortgage Loans from the Trust Fund. The Trustee will make the Remittance Report 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 parties to this Agreement Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “"▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇.▇▇▇”/invr". Assistance in using the website can be obtained by calling the Trustee’s 's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are 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 Remittance Reports 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 '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 Remittance Report 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 heretothereto).
. In the case of information furnished pursuant to subclauses (bi) Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was a Holder 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 through (iii) and (iv) above, aggregated for such calendar year or applicable portion thereof during which such Person was the amounts shall be expressed in a Certificateholder. Such obligation separate section 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 report as a dollar amount for each Class for each $1,000 original dollar amount as of the Code as are in force from time to timeCut-off Date.
(c) On each Distribution Date, the Trustee shall make available to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Financial Asset Securities Corp)
Statements. (a) Not later than 1:00 p.m.Concurrently with each payment to Noteholders, New York timethe Securities Administrator shall make available to each Noteholder, the Seller, the Master Servicer, the Indenture Trustee, the Depositor and the Rating Agencies, a statement based, as applicable, on loan-level information provided to it by the fifth Business Day prior Master Servicer and the Servicer (the "Payment Date Statement") as to the payments to be made or made, as applicable, on such Payment Date. The Payment Date Statement shall include the following: the applicable Accrual Periods and general Payment Dates; the total cash flows received and the general sources thereof for any Loan Group; the amount, if any, of fees or expenses accrued and paid, with an identification of the payee and the general purpose of such fees; the amount of the related payment to holders of the Notes (by Class) allocable to principal, separately identifying (A) the aggregate amount of any Principal Prepayments included therein and (B) the aggregate of all Monthly Payments of principal included therein; the amount of such distribution to holders of the Notes (by Class) allocable to interest; the Class Principal Balance of the Notes before and after giving effect to the distribution of principal and allocation of Realized Losses on such Payment Date; the number and Scheduled Principal Balance of all the Mortgage Loans for the following Payment Date; the Note Interest Rate for each Distribution class of Notes for such Payment Date; the aggregate amount of Advances included in the payments on the Payment Date (including the general purpose of such Advances); the number and aggregate Scheduled Principal Balance of any Mortgage Loans (A) that were delinquent (exclusive of Mortgage Loans in foreclosure) using the "OTS" method (1) one scheduled payment, (2) two scheduled payments and (3) three scheduled payments and (B) as to which foreclosure proceedings have been commenced, and loss information for the period; with respect to any Mortgage Loan that was liquidated during the preceding calendar month, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below number and Scheduled Principal Balance of, and Realized Loss on, such Mortgage Loan as of the end of the preceding related Prepayment Period or Due Period, as applicable, ; the total number and such other information as the Trustee shall reasonably require, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare a statement (the “Remittance Report”) containing the information set forth below with respect to such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds and the Certificate Rate for each Class for the related Distribution Date;
(ii) the aggregate amount of the distribution to each Class of Certificates on such Distribution Date;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect Principal Balance of any Class Interest Carryover Shortfall, and REO Properties included in the amount of any Class Interest Carryover Shortfall remaining;
(iv) the amount of the distribution set forth in paragraph (i) above in respect of principal and the amount thereof in respect of the Class Principal Carryover Shortfall, and any remaining Class Principal Carryover Shortfall;
(v) the amount of Excess Interest paid as principal;
(vi) the Servicing Fee and the Trustee Fee (including the separate amounts payable to each of the Trustee and its Custodian);
(vii) the Pool Balance Loan Groups as of the close end of business on the last day of the preceding Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal above;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and the calculation thereof;
(xi) the aggregate amount of Principal Prepayments received during the related Prepayment Period; the Senior Note Available Funds Shortfalls for the Offered Notes, if any and the amount on deposit in the Class A-X Reserve Fund; the cumulative Realized Losses for the Loan Groups through the end of the preceding month;
(xii) the amount of all Curtailments that were received during the Due Period;
(xiii) the principal portion of all Monthly Payments received during the Due Period;
(xiv) the interest portion of all Monthly Payments received on the Mortgage Loans during the Due Period;
(xv) the amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date;
(xvi) the amount to be distributed to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for the Distribution Date;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due Period;
(xviii) the amount of all payments or reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer);
(xixa) the number of Mortgage Loans outstanding at the beginning and at the end of the related Due Period;
(xx) the amount of Liquidation in each Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool Balance;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth);
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan Account;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, Group that were have been modified by the Servicer during the related Due Period and the percentage (as reported by Scheduled Principal Balance) of Mortgage Loans modified in each Loan Group during the Servicer);
related Due Period, (xxivb) the amount type of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider modification with respect to any Mortgage Loans modified during the Interest related Due Period in each Loan Group, the number of Mortgage Loans subject to each type of modification during the related Due Period in each Loan Group and the percentage (by Scheduled Principal Balance) of Mortgage Loans in each Loan Group subject to each type of modification during the related Due Period, (c) the number of Mortgage Loans in each Loan Group that have been modified since the Cut-off Date and the percentage (by Scheduled Principal Balance) of Mortgage Loans in each Loan Group modified in each Loan Group since the Cut-off Date, (d) the type of modification with respect to any Mortgage Loans modified since the Cut-off Date, the number of Mortgage Loans in each Loan Group subject to each type of modification since the Cut-off Date and the percentage (by Scheduled Principal Balance) of Mortgage Loans in each Loan Group subject to each type of modification since the Cut-off Date, (e) the aggregate of the portion of the Scheduled Principal Balance of the Mortgage Loans in each Loan Group forgiven during the related Due Period and aggregate of the portion of the Scheduled Principal Balance of the Mortgage Loans in each Loan Group forgiven since the Cut-off Date, (f) the delinquency status of each Mortgage Loan modified since the Cut-off Date, (g) the number of times any Mortgage Loan has been subject to a modification, (h) the date of the most recent modification of any Mortgage Loan in each Loan Group, (i) the number of modifications made on the Mortgage Loans in each Loan Group during the prior twelve months, (j) the percentage of Mortgage Loans in each Loan Group that have been modified that are Delinquent and (k) the Mortgage Rate Cap Agreementsof each Mortgage Loan that has been modified prior to and subsequent to such modification; and the three-month rolling average of the percent equivalent of a fraction, the numerator of which is the aggregate Scheduled Principal Balance of the Mortgage Loans that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, and the amount denominator of Net Rate Cap Carryover remaining for each such Class;
(xxv) which is the amount on deposit in Scheduled Principal Balances of all of the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding AccountMortgage Loans. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off Date. The Trustee Securities Administrator will make the Remittance Report 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 other parties to this Agreement via the Trustee’s Securities Administrator's internet website. The Trustee’s Securities Administrator's internet website shall initially be located at “"▇▇▇.▇▇▇▇▇▇▇.▇▇▇”. ." Assistance in using the website can be obtained by calling the Trustee’s Securities Administrator's customer service desk at (▇-▇▇▇) -▇▇▇-▇▇▇▇. Parties that are 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 Remittance Reports such 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. As a condition to access In the Trustee’s internet websitecase of information furnished pursuant above, the Trustee may require registration and amounts shall be expressed in a separate section of the acceptance report as a dollar amount for each Class for each $1,000 original dollar amount as 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto)Cut-Off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall Securities Administrator shall, upon written request, furnish to each Person who at any time during the calendar year was a Holder 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 (iiii) and (ivii) 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 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. In addition to the above, the Master Servicer shall provide a monthly loan level data file, or the Master Servicer shall make available on the Master Servicer's internet website, a monthly loan level data file (based solely on information provided by the Servicer) containing data provided to the Class R Certificateholders in Master Servicer by the same manner as the Remittance Report is made Servicer, available to all Certificateholders a copy of those who are permitted to access the reports forwarded to the Holders of the Regular Certificates in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together with such other information as the Trustee deems necessary or appropriate.
(d) Within a reasonable period of time after the end of each calendar yearwebsite, 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to including the Rating Agencies. No Person entitled The file shall contain the fields referenced in Exhibit L. If the Servicer is no longer going to receive copies of such reports or diskettes or files or lists of Certificateholders shall use make that information available to the information therein for Master Servicer, Rating Agencies should be notified and be informed as to how this data will be made available to the purpose of soliciting Rating Agencies in the customers of the Seller or for any other purpose except as set forth in this Agreementfuture.
Appears in 1 contract
Sources: Sale and Servicing Agreement (PHH Mortgage Trust, Series 2008-Cim2)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireMaster Servicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available by electronic medium (as set forth in the penultimate paragraph of this Section 4.03(a)) to each Holder of the Regular Certificates, the Trustee, the Master Servicer, the NIMS Insurer, the Guarantor and the Rating Agencies, a statement (as to the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds 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 Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Master Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the amount of Excess Interest paid as principalDeficiency Amount, the Guarantor Payments and the Guarantor Reimbursement Amount for such Distribution Date;
(vi) the Servicing Fee and the Trustee Fee (including the separate amounts payable to each of the Trustee and its Custodian);
(vii) the Pool Balance as of the close of business on the last day of the preceding Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal above;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and the calculation thereof;
(xi) the aggregate amount of Principal Prepayments received during the related Prepayment Period;
(xii) the amount of all Curtailments that were received during the Due Period;
(xiii) the principal portion of all Monthly Payments received during the Due Period;
(xiv) the interest portion of all Monthly Payments received on the Mortgage Loans during the Due Period;
(xv) the amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date;
(xvi) the amount to be distributed to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for the Distribution Date;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due Period;
(xviiivii) the amount aggregate Stated Principal Balance of all payments or reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer);
(xix) the number of Mortgage Loans outstanding at the beginning and Close of Business at the end of the related Due Period;
(viii) 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;
(ix) the number and aggregate unpaid principal balance of Mortgage Loans (a) delinquent 30-59 days, (b) delinquent 60-89 days, (c) delinquent 90 or more days in each case, as of the last day of the preceding calendar month provided, however that any aggregate unpaid principal balance of Mortgage Loans shall be reported as of the last day of the related Due Period, (d) as to which foreclosure proceedings have been commenced and (e) with respect to which the related Mortgagor has filed for protection under applicable bankruptcy laws, with respect to whom bankruptcy proceedings are pending or with respect to whom bankruptcy protection is in force;
(x) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the unpaid principal balance and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(xi) 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;
(xii) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xiii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses;
(xiv) the aggregate amount of Extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date;
(xv) the Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates, after giving effect to the distributions made on such Distribution Date, and the Notional Amount of the Class S Certificates and the Class C Certificates, after giving effect to the distributions made on such Distribution Date;
(xvi) the Monthly Interest Distributable Amount in respect of the Class A Certificates, the Class S Certificates, the Mezzanine Certificates and the Class 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 and the Mezzanine Certificates for such Distribution Date;
(xvii) 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 3.24, and the aggregate amount of any Relief Act Interest Shortfalls for such Distribution Date;
(xviii) the Credit Enhancement Percentage for such Distribution Date;
(xix) 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;
(xx) the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool BalanceTrustee Fee on such Distribution Date;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 whether a Stepdown Date or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)a Trigger Event has occurred;
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan AccountAvailable Funds;
(xxiii) the number respective Pass-Through Rates applicable to the Class A Certificates, the Class S Certificates, the Mezzanine Certificates and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during Class C Certificates for such Distribution Date and the related Due Period (as reported by Pass-Through Rate applicable to the Servicer)Class A Certificates and the Mezzanine Certificates for the immediately succeeding Distribution Date;
(xxiv) the amount of Net Rate Cap Carryover distributed Guaranty Fee to each Class of Offered Certificates (other than be paid to the Class A-IO Certificates), stating separately any amounts received from the cap provider Guarantor with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining Guaranteed Certificates for each such ClassDistribution Date;
(xxv) such other information as the Guarantor may reasonably request in such format as reasonably required by the Guarantor and any other information that is required by the Code and regulations thereunder to be made available to Certificateholders;
(xxvi) the amount on deposit in the Net WAC Rate Cap Carryover Reserve Fund, ;
(A) the dollar amount of payments received related to claims under the PMI Policy during the related Prepayment Period (and the amounts number of each deposit Mortgage Loans to which such payments related) and withdrawal from (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 Accountpayments related);
(A) the dollar amount of claims made under the PMI Policy that were denied during the related Prepayment Period (and the number of Mortgage Loans to which such denials related) and (B) the aggregate dollar amount of claims made under the PMI Policy that were denied since the Cut-off Date (and the number of Mortgage Loans to which such denials related); and
(xxvixxix) for each Pre-Funding such Distribution Date, the remaining amount in of any payment made by the Pre-Funding AccountCap Provider under each Cap Agreement. The Trustee shall make available such report Subject to the ServicerSection 4.03(f) below, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off Date. The Trustee will make the Remittance Report 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 NIMS Insurer, the Guarantor and the parties to this Agreement Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “"http:\\www.corporatetrust.db.com. Assista▇▇▇ ▇▇ ▇▇▇.▇▇ ▇▇▇ ▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website ▇ can be obtained by calling the Trustee’s 's customer service desk at (▇▇▇) ▇▇▇1-800-735-7777. Parties that are u▇▇▇▇. Parties that are unable to use the ▇ ▇▇ ▇▇▇ ▇he 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 Remittance Reports 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 In the case of information furnished pursuant to access the Trustee’s internet websitesubclauses (i) through (iii) above, the Trustee may require registration and amounts shall be expressed in a separate section of the acceptance report as a dollar amount for each Class for each $1,000 original dollar amount as 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto)Closing Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall shall, upon written request, furnish to each Person who at any time during the calendar year was a Holder 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 (iv) 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 make available forward to the Class R Certificateholders in Holders of the same manner as Residual Certificates and the Remittance Report is made available to all Certificateholders NIMS Insurer a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 CertificateholderHolder of a Residual Certificate, 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 CertificateholderHolder of a Residual Certificate. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially 139 comparable information shall be prepared by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and On each Distribution Date the Trustee shall furnish 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 Depositor, the Seller Trustee and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainableBloomberg.
(f) Reports and computer diskettes On the fourth Business Day preceding each Distribution Date, the Trustee shall deliver to the Guarantor (by electronic medium as specified in the next sentence) a statement identifying the Class Factor for each Class of Certificates. The Trustee shall deliver such statement on or files furnished before 12:00 noon (New York time) on such day via the internet using the following domain name: bond_admin@fanniemae.com. If a Gua▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇ ▇ayable on a Distribution Date, all information required under Section 4.03(a) must also be similarly delivered to Guarantor on the third Business Day preceding such Distribution Date. The second consecutive failure by the Trustee to deliver the Class Factor (or to deliver an accurate Class Factor) to the Guarantor shall constitute an event of default and permit the Guarantor to remove the Trustee for cause; provided that the Master Servicer had delivered the Remittance Report for the related Distribution Date to the Trustee pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this AgreementSection 4.04.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Long Beach Securities Corp Asset Backed Certs Series 2002-5)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireServicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS Insurer, the Servicer and the Rating Agencies, a statement (as to the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period;
(vi) the Servicing Fee and Pool Balance at the Trustee Fee (including Close of Business at the separate amounts payable to each end of the Trustee and its Custodian)related Due Period;
(vii) the Pool Balance number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the close related Determination Date;
(viii) the number and aggregate unpaid Stated Principal Balance of business 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 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 Due Period;
such Distribution Date and (viiiD) REO Properties, as well as the Class Principal Balance aggregate principal balance of each Class of Certificates after giving effect to payments allocated to principal aboveMortgage Loans that were liquidated and the net proceeds resulting therefrom;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date[reserved];
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred the total number and is continuing and cumulative Stated Principal Balance of all REO Properties as of the calculation thereofClose of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part;
(xii) the aggregate amount of all Curtailments that were Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses and the aggregate amount of Subsequent Recoveries received during the Due Periodrelated Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date;
(xiii) the principal portion aggregate amount of all Monthly Payments received during extraordinary Trust Fund expenses withdrawn from the Due PeriodCollection Account for such Distribution Date;
(xiv) the interest portion Certificate Principal Balance of all Monthly Payments received each Class of Floating Rate Certificates and the Class C Certificates, after giving effect to the distributions made on the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the amount Monthly Interest Distributable Amount in respect of the Monthly Advances each Class of Floating Rate Certificates and the Compensating Class C Certificates for such Distribution Date and the Unpaid Interest payment Shortfall Amount, if any, with respect to be made on each Class of Floating Rate Certificates and the Determination Class C Certificates for such Distribution Date;
(xvi) the aggregate amount to be distributed of any Prepayment Interest Shortfalls for such Distribution Date, to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for extent not covered by payments by the Distribution DateServicer pursuant to Section 3.24;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due PeriodSenior Credit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for each Class of Floating Rate Certificates, if any, for such Distribution Date and the amount of all payments or remaining unpaid after reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the number distribution of Mortgage Loans outstanding at the beginning and at the end of the related Due Periodprincipal on such Distribution Date;
(xx) when the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as Stepdown Date or a percentage of the Cut-Off Date Pool BalanceTrigger Event has occurred;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)Available Funds;
(xxii) the respective Pass-Through Rates applicable to each Class of Floating Rate Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Floating Rate Certificates for the immediately succeeding Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan Account;Date; and
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer);
(xxiv) the amount of any Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off DateSwap Payments or Swap Termination Payments. The Trustee will make the Remittance Report 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 parties to this Agreement Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “ht▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇8▇▇) ▇▇▇-▇▇▇▇. Parties that are 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 Remittance Reports 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 Remittance Report 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 heretothereto). In the case of information furnished pursuant to subclauses (i) and (ii) 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 shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Holder 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 (iiii) and (ivii) 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 make available to the Class R Certificateholders in NIMS Insurer and the same manner as the Remittance Report is made available to all Residual Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Soundview Home Loan Trust 2005-Opt4)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver based, as applicable, on information provided to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due PeriodServicer, as applicable, and such other information as the Trustee shall reasonably require, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Credit Risk Manager, the Servicer, the NIMS Insurer and the Rating Agencies, a statement (as to the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the amount fees and expenses of the distribution set forth in paragraph (i) above in respect of principal Trust Fund accrued and the amount thereof in respect of the Class Principal Carryover Shortfall, paid on such Distribution Date and any remaining Class Principal Carryover Shortfallto whom such fees and expenses were paid;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period (including the general purpose of such Advances);
(vi) the Servicing Fee and Pool Balance at the Trustee Fee (including close of business at the separate amounts payable to each end of the Trustee and its Custodian)related Due Period;
(vii) the Pool number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date;
(viii) the number and aggregate unpaid 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 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 Due Period;
such Distribution Date and (viiiD) REO Properties, as well as the Class Principal Balance aggregate principal balance of each Class of Certificates after giving effect to payments allocated to principal aboveMortgage Loans that were liquidated and the net proceeds resulting therefrom;
(ix) the Overcollateralization Amount total number and the Required Overcollateralization Amount cumulative Stated Principal Balance of all REO Properties as of the close of business on of the Distribution Date, after giving effect to distributions last day of principal on such the calendar month preceding the related Distribution Date;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and is continuing and the calculation thereofPrincipal Prepayments in part;
(xi) the aggregate amount of Principal Prepayments Realized Losses incurred during the related Prepayment Period, which will include the aggregate amount of Subsequent Recoveries received during the related Prepayment PeriodPeriod and the aggregate amount of Realized Losses incurred since the Closing Date, which will include the cumulative amount of Subsequent Recoveries received since the Closing Date;
(xii) the aggregate amount of all Curtailments that were received during extraordinary Trust Fund expenses withdrawn from the Due PeriodCollection Account or the Distribution Account for such Distribution Date;
(xiii) the principal portion Certificate Principal Balance of all Monthly Payments received during each Class of Floating Rate Certificates and the Due PeriodClass C Certificates, before and after giving effect to the distributions made on such Distribution Date;
(xiv) the interest portion Monthly Interest Distributable Amount in respect of all Monthly Payments received on the Mortgage Loans during Floating Rate Certificates and the Due PeriodClass C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Floating Rate Certificates for such Distribution Date;
(xv) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the Monthly Advances and extent not covered by payments by the Compensating Interest payment Servicer pursuant to be made on the Determination DateSection 3.24;
(xvi) the amount to be distributed to the Class P Certificates, Class BIO and Class R Certificateholders, respectively Credit Enhancement Percentage for the such Distribution Date;
(xvii) the weighted average remaining term to maturity of Net WAC Rate Carryover Amount for the Mortgage Loans Floating Rate Certificates, if any, for such Distribution Date and the weighted average Loan Rate as of the first day of the related Due Periodamount remaining unpaid after reimbursements therefor on such Distribution Date;
(xviii) whether the amount of all payments Stepdown Date or reimbursements to a Trigger Event has occurred, the Servicer pursuant to Sections 3.03(ii) Delinquency Percentage for such Distribution Date and (vi) (as reported by the Servicer)Realized Loss Percentage for such Distribution Date;
(xix) the number of Mortgage Loans outstanding at total cashflows received and the beginning 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 at under the end of the related Due PeriodBasis Risk Cap Agreement);
(xx) the amount of Liquidation Loan Losses experienced during respective Pass-Through Rates applicable to the preceding Due Period Floating Rate Certificates and the Cumulative Net Losses as a percentage of Class C Certificates for such Distribution Date and the CutPass-Off Date Pool BalanceThrough Rate applicable to the Floating Rate Certificates for the immediately succeeding Distribution Date;
(xxi) as of payments, if any, made under the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; Basis Risk Cap Agreement and the number Interest Rate Cap Agreement and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)the amount distributed to the Floating Rate Certificates from such payments;
(xxii) for the Distribution Date in April 2004 and May 2004, amount of any Net Swap Payments or Swap Termination Payments paid to the amount, if any, on deposit in the First Payment Loan Account;Swap Provider; and
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer);
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution applicable Record Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available Accrual Period and any other applicable determination dates for calculating distributions for such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off Date. The Trustee will make the Remittance Report 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 parties to this Agreement Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “h▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are 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 Remittance Reports 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 Remittance Report 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 heretothereto). In the case of information furnished pursuant to subclauses (i) and (ii) 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.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Holder 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 (iiii) and (ivii) 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 make available to the Class R Certificateholders in NIMS Insurer and the same manner as the Remittance Report is made available to all Residual Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and On each Distribution Date, the Trustee shall furnish supply an updated electronic loan-level data tape to the DepositorBloomberg Financial Markets, the Seller Inc., Loan Performance and Intex Solutions in a format acceptable to each Certificateholder (if requested in writing)of Bloomberg Financial Markets, during the term of this AgreementInc., such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by Loan Performance and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary natureIntex Solutions, and shall not be copied or distributed except supply such electronic loan-level data tape to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of each Certificateholder who requests such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreementinformation.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Soundview Home Loan Trust 2007-Wmc1)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as the Trustee shall reasonably require, and the Seller hereby agrees provided to provide the Trustee and it by the Servicer with an amended Prepayment Charge Schedulepursuant to Sections 3.19 and 4.04, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Servicer and the Rating Agencies, a statement (as to the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period;
(vi) the Servicing Fee and Pool Balance at the Trustee Fee (including Close of Business at the separate amounts payable to each end of the Trustee and its Custodian);related Due Period; 101
(vii) the Pool Balance number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the close related Determination Date;
(viii) the number and aggregate unpaid Stated Principal Balance of business 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 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 Due Period;
such Distribution Date and (viiiD) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal aboveREO Properties;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date[Reserved];
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred the total number and is continuing and cumulative Stated Principal Balance of all REO Properties as of the calculation thereofClose of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) the aggregate amount of all Curtailments that were Realized Losses incurred during the related Prepayment Period, the cumulative amount of Realized Losses and the aggregate amount of Subsequent Recoveries received during the Due Periodrelated Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date;
(xiii) the principal portion aggregate amount of all Monthly Payments received during extraordinary Trust Fund expenses withdrawn from the Due PeriodCollection Account for such Distribution Date;
(xiv) the interest portion Certificate Principal Balance of all Monthly Payments received the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates, after giving effect to the distributions made on the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the amount Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, each Class of Mezzanine Certificates, the Monthly Advances Class B Certificates and the Compensating Class C Certificates for such Distribution Date and the Unpaid Interest payment Shortfall Amount, if any, with respect to be made on the Determination Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount to be distributed of any Prepayment Interest Shortfalls for such Distribution Date, to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for extent not covered by payments by the Distribution DateServicer pursuant to Section 3.26;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due PeriodCredit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the Class A Certificates, the Mezzanine Certificates and the Class B Certificates, if any, for such Distribution Date 102 and the amount of all payments or remaining unpaid after reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the number distribution of Mortgage Loans outstanding at the beginning and at the end of the related Due Periodprincipal on such Distribution Date;
(xx) when the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as Stepdown Date or a percentage of the Cut-Off Date Pool BalanceTrigger Event has occurred;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)Available Funds;
(xxii) the respective Pass-Through Rates applicable to each Class of Class A Certificates, each Class of Mezzanine Certificates, the Class B Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Class A Certificates, each Class of Mezzanine Certificates and the Class B Certificates for the immediately succeeding Distribution Date in April 2004 and May 2004, the amountDate; and
(xxiii) payments, if any, on deposit in made under the First Payment Loan Account;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer);
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such AccountContract; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off Date. The Trustee will make the Remittance Report such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “"▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇.▇▇▇”/invr". Assistance in using the website can be obtained by calling the Trustee’s 's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are 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 Remittance Reports 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 '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 Remittance Report 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 heretothereto). 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 shall, upon written request, furnish to each Person who at any time during the calendar year was a Holder 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 (iiii) and through (ivii) 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 make available to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Residual Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as the Trustee shall reasonably require, and the Seller hereby agrees provided to provide the Trustee and it by the Servicer with an amended Prepayment Charge Schedulepursuant to Sections 3.19 and 4.04, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Servicer and the Rating Agencies, a statement (as to the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, Date which information shall be based solely upon include the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereoffollowing information:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period;
(vi) the Servicing Fee and Pool Balance at the Trustee Fee (including Close of Business at the separate amounts payable to each end of the Trustee and its Custodian)related Due Period;
(vii) the Pool Balance number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the close related Determination Date and the number and aggregate Stated Principal Balance of business on all Subsequent Mortgage Loans added during the last day of the preceding Due Funding Period;
(viii) the Class number and aggregate unpaid 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 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 Class case as of Certificates after giving effect to payments allocated to principal abovethe Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date[Reserved];
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred the total number and is continuing and cumulative Stated Principal Balance of all REO Properties as of the calculation thereofClose of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) the aggregate amount of all Curtailments that were Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses since the Closing Date and the aggregate amount of Subsequent Recoveries received during the Due Periodrelated Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date;
(xiii) the principal portion aggregate amount of all Monthly Payments received during extraordinary Trust Fund expenses withdrawn from the Due PeriodCollection Account for such Distribution Date;
(xiv) the interest portion Certificate Principal Balance of all Monthly Payments received the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates, after giving effect to the distributions made on the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the amount Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, each Class of Mezzanine Certificates, the Monthly Advances Class B Certificates and the Compensating Class C Certificates for such Distribution Date and the Unpaid Interest payment Shortfall Amount, if any, with respect to be made on the Determination Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount to be distributed to the Class P Certificates, Class BIO and Class R Certificateholders, respectively of any Net Prepayment Interest Shortfalls for the such Distribution Date;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due Period;Credit Enhancement Percentage for such Distribution Date; 115
(xviii) the Net WAC Rate Carryover Amount for each Class of Class A Certificates, each Class of Mezzanine Certificates and the Class B Certificates, if any, for such Distribution Date and the amount of all payments or remaining unpaid after reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the number distribution of Mortgage Loans outstanding at the beginning and at the end of the related Due Periodprincipal on such Distribution Date;
(xx) when the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as Stepdown Date or a percentage of the Cut-Off Date Pool BalanceTrigger Event has occurred;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)Available Funds;
(xxii) the respective Pass-Through Rates applicable to each Class of Class A Certificates, each Class of Mezzanine Certificates, the Class B Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Class A Certificates, each Class of Mezzanine Certificates and the Class B Certificates for the immediately succeeding Distribution Date in April 2004 and May 2004, the amountDate; and
(xxiii) payments, if any, on deposit in made under the First Payment Loan Account;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer)Cap Contract;
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report to Accounts; and
(xxv) for the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) distribution occurring on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by Date immediately following the Servicer. In end of the case of information furnished pursuant to subclauses (ii), (iii), (iv) and (vi) aboveFunding Period, the amounts shall be expressed balance on deposit in a separate section of the report 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 dollar amount for each Class for each $1 original dollar amount as mandatory distribution of the related Cut-Off principal, if any, on such Distribution Date. The Trustee will make the Remittance Report such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement Rating Agencies via the Trustee’s internet website. The Trustee’s 's internet website shall initially to be located at “"▇▇▇.▇▇▇▇▇▇▇.▇▇▇”". Assistance in using the website can be obtained by calling the Trustee’s 's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are 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 Remittance Reports 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 '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 Remittance Report 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 heretothereto).
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was a Holder 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 (iii) and (iv) 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 make available to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2004-Ff5)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on the Mortgage Loan information as contained in the Trustee shall reasonably requireRemittance Report, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare a statement (and post on its website at www.usbank.com/abs and forward by mail to each Holder of the “Remittance Report”) containing Regular Ce▇▇▇▇▇▇▇▇▇▇, ▇ ▇▇▇▇ement as to the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal or reduction of Notional Amount, separately identified and the Certificate Rate for each amount of the distribution made on such Distribution Date to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates on allocable to interest or Class CE Distributable Amount, separately identified;
(iii) the Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency and the Overcollateralization Target Amount as of such Distribution Date and the Monthly Excess Interest Amount and Monthly Excess Cashflow Amount for such Distribution Date;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in respect of principal and Servicer during the amount thereof in respect of the Class Principal Carryover Shortfall, and any remaining Class Principal Carryover Shortfallrelated Collection Period;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Collection Period, cumulative unreimbursed Advances and Servicing Advances and cumulative Nonrecoverable Advances;
(vi) the Servicing Fee and Pool Balance at the Trustee Fee (including close of business at the separate amounts payable to each end of the Trustee and its Custodian)related Collection Period;
(vii) the Pool Balance number, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Due Date;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 to 59 days past due on a contractual basis, (b) 60 to 89 days past due on a contractual basis, (c) 90 or more days past due on a contractual basis, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy as of the close of business on the last day of the calendar month preceding Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal abovesuch Distribution Date;
(ix) with respect to any Mortgage Loan that became an REO Property during the Overcollateralization Amount preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Required Overcollateralization Amount 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, after giving effect to distributions and, cumulatively, the total number and cumulative principal balance of principal on such Distribution Date;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and all REO Properties as of the calculation thereofclose of business of the last day of the preceding Collection Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) the aggregate amount of all Curtailments that were received Realized Losses incurred during the Due Periodrelated Collection Period and the cumulative amount of Realized Losses;
(xiii) the principal portion Certificate Principal Balance, or Notional Amount, as applicable, of all Monthly Payments received during each Class of Certificates, after giving effect to the Due Perioddistributions, 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 interest portion Accrued Certificate Interest in respect of all Monthly Payments received 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 the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the Monthly Advances and extent not covered by payments by the Compensating Interest payment Servicer pursuant to be made on the Determination DateSection 3.23;
(xvi) the amount to be distributed to of the Class P Certificates, Class BIO and Class R Certificateholders, respectively for the Distribution DateTrustee Fee paid;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans Cap Carryover Amounts distributed on such Distribution Date and the weighted average Loan Rate as of the first day of the related Due Periodamounts remaining after giving effect to distributions thereof on such Distribution Date;
(xviii) the amount of all payments or reimbursements any Overcollateralization Deficiency after giving effect to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)distribution of principal on such Distribution Date;
(xix) whether a Trigger Event has occurred and is continuing, and the number of Mortgage Loans outstanding at the beginning and at the end cumulative Realized Losses, as a percentage of the related Due Periodoriginal Pool Balance;
(xx) the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool BalanceAvailable Funds;
(xxi) as the rate at which interest accrues for each Class of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)Certificates for such Distribution Date;
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit information contained in the First Payment Loan AccountLiquidation Report for such Distribution Date;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than 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 in default or imminent default, that were modified repurchased by the Servicer during the related Due Collection Period (as reported by the Servicer);
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider in connection with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such ClassSection 3.16;
(xxv) the amount on deposit in of the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such AccountCredit Risk Manager Fee paid; and
(xxvi) for the Mortgage Loan identifying number of each Pre-Funding Distribution DateMortgage Loan with a Prepayment Charge that was the subject of a Principal Prepayment in full during the related Collection Period, the remaining amount in Prepayment Charge listed on each related Mortgage Note and the Pre-Funding Account. The Trustee shall make available Prepayment Charge collected or the Servicer Prepayment Charge Payment Amount paid by the Servicer with respect to each such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution DateMortgage Loan. 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 (iii), (iii), (ivii) and (vixiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 1,000 original dollar amount as of the related Cut-Off off Date. The Trustee will make the Remittance Report (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way Remittance Reports 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto).
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was a Holder 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 (iiii), (ii), (xiv) and (ivxvii) 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 make available forward to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders Certificateholder a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders Class R Certificateholder by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Abfc Asset Backed Certificates Series 2002-Nc1)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireMaster Servicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date 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 “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds 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 Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Master Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period;
(vi) the Servicing Fee and Pool Balance at the Trustee Fee (including Close of Business at the separate amounts payable to each end of the Trustee and its Custodian)related Due Period;
(vii) the Pool Balance number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the close related Determination Date and the number and aggregate principal balance of business on the last day of all Subsequent Mortgage Loans added during the preceding Due Prepayment Period;
(viii) the Class Principal Balance 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 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 Class case as of Certificates after giving effect to payments allocated to principal abovethe Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date[reserved];
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred the total number and is continuing and cumulative principal balance of all REO Properties as of the calculation thereofClose of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) the aggregate amount of all Curtailments that were received Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the principal portion aggregate amount of all Monthly Payments received during extraordinary Trust Fund expenses withdrawn from the Due PeriodCollection Account for such Distribution Date;
(xiv) the interest portion Certificate Principal Balance of all Monthly Payments received 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 the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the amount Monthly Interest Distributable Amount in respect of the Monthly Advances Class A Certificates, the Class S Certificates, the Mezzanine Certificates and the Compensating Class C Certificates for such Distribution Date and the Unpaid Interest payment Shortfall Amount, if any, with respect to be made on the Determination Class A Certificates, the Class S Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount to be distributed of any Prepayment Interest Shortfalls for such Distribution Date, to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for extent not covered by payments by the Distribution DateMaster Servicer pursuant to Section 3.26;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due PeriodCredit 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 of all payments or remaining unpaid after reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)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 outstanding at the beginning to which such payments related) and at the end of the related Due Period;
(xxB) the cumulative amount of Liquidation Loan Losses experienced during payments received related to claims under the preceding Due Period PMI Policy since the Closing Date (and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool Balance;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans to which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forthsuch payments related);
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan Account;
(xxiiiA) the dollar amount of claims made under the PMI Policy that were denied during the Prepayment Period (and the number and aggregate Principal Balance of Mortgage Loans, other than 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 in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicerto which such denials related);
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap FundPre-Funding Account, the Interest Coverage Account and the amounts of each deposit and withdrawal from such AccountReserve Fund; and
(xxvi) for each Pre-the distribution occurring on the Distribution Date immediately following the end of the Funding Distribution DatePeriod, the remaining amount balance on deposit in the Pre-Funding Account. The Trustee shall make available such report Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report Class A Certificates as a dollar amount for each Class for each $1 original dollar amount as mandatory prepayment of the related Cut-Off principal, if any, on such Distribution Date. The Trustee will make the Remittance Report 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 parties to this Agreement Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “"▇▇▇.▇▇▇▇▇▇▇.▇▇▇”". Assistance in using the website can be obtained by calling the Trustee’s 's customer service desk at (▇▇▇301) ▇▇▇815-▇▇▇▇6600. Parties that are 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 Remittance Reports 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 In the case of information furnished pursuant to access the Trustee’s internet websitesubclauses (i) through (iii) above, the Trustee may require registration and amounts shall be expressed in a separate section of the acceptance report as a dollar amount for each Class for each $1,000 original dollar amount as 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto)Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Holder 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 (iv) 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 make available forward to the NIMS Insurer and the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Option One Mort Acc Corp Asset Backed Cert Ser 2001-4)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on the Mortgage Loan information as contained in the Trustee shall reasonably requireRemittance Report, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare a statement (and post on its website at www.etrustee.net and forward by mail to each Holder of the “Remittance Report”) containing Regular Cert▇▇▇▇▇▇▇▇, ▇ ▇▇▇▇ement as to the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal or reduction of Notional Amount, separately identified and the Certificate Rate for each amount of the distribution made on such Distribution Date to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates on allocable to interest or Class CE Distributable Amount, separately identified;
(iii) the Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency and the Overcollateralization Target Amount as of such Distribution Date and the Monthly Excess Interest Amount and Monthly Excess Cashflow Amount for such Distribution Date;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in respect of principal Servicer during the related Collection Period and the amount thereof in respect of the Class Principal Carryover Shortfall, accrued and any remaining Class Principal Carryover Shortfallunpaid Special Servicing Fees;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Collection Period;
(vi) the Servicing Fee and Pool Balance at the Trustee Fee (including close of business at the separate amounts payable to each end of the Trustee and its Custodian)related Collection Period;
(vii) the Pool Balance number, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Due Date;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 to 59 days past due on a contractual basis, (b) 60 to 89 days past due on a contractual basis, (c) 90 or more days past due on a contractual basis, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy as of the close of business on the last day of the calendar month preceding Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal abovesuch Distribution Date;
(ix) with respect to any Mortgage Loan that became an REO Property during the Overcollateralization Amount preceding calendar month, the loan number of such Mortgage Loan, the unpaid principal balance and the Required Overcollateralization Amount 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, after giving effect to distributions and, cumulatively, the total number and cumulative principal balance of principal on such Distribution Date;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and all REO Properties as of the calculation thereofclose of business of the last day of the preceding Collection Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) the aggregate amount of all Curtailments that were received Realized Losses incurred during the Due Periodrelated Collection Period and the cumulative amount of Realized Losses;
(xiii) the principal portion Certificate Principal Balance, or Notional Amount, as applicable, of all Monthly Payments received during each Class of Certificates, after giving effect to the Due Perioddistributions, 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 interest portion Accrued Certificate Interest in respect of all Monthly Payments received 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 the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the Monthly Advances and extent not covered by payments by the Compensating Interest payment Servicer pursuant to be made on the Determination DateSection 3.23;
(xvi) the amount to be distributed to of the Class P Certificates, Class BIO and Class R Certificateholders, respectively for the Distribution DateTrustee Fee paid;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans Cap Carryover Amounts distributed on such Distribution Date and the weighted average Loan Rate as of the first day of the related Due Periodamounts remaining after giving effect to distributions thereof on such Distribution Date;
(xviii) the amount of all payments or reimbursements any Overcollateralization Deficiency after giving effect to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)distribution of principal on such Distribution Date;
(xix) whether a Trigger Event has occurred and is continuing, and the number of Mortgage Loans outstanding at the beginning and at the end cumulative Realized Losses, as a percentage of the related Due Periodoriginal Pool Balance;
(xx) the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool BalanceAvailable Funds;
(xxi) as the rate at which interest accrues for each Class of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)Certificates for such Distribution Date;
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit information contained in the First Payment Loan AccountLiquidation Report for such Distribution Date;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified purchased by the Servicer or Seller during the related Due Collection Period (as reported by and indicating the Servicer);Section of this Agreement requiring or allowing the purchase of each such Mortgage Loan; and
(xxiv) the amount aggregate Principal Balance of Net Rate Cap Carryover distributed to each Class of Offered Certificates the Mortgage Loans repurchased by the Servicer (other than or an affiliate) during the Class A-IO Certificates), stating separately any amounts received from the cap provider related Collection Period in connection with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution DateSection 3.16. 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 (iii), (iii), (ivii) and (vixiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 1,000 original dollar amount as of the related Cut-Off off Date. The Trustee will make the Remittance Report (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way Remittance Reports 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto).
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was a Holder 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 (iiii), (ii), (xiv) and (ivxvii) 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 make available forward to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Residual Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Residual Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Abfc Asset Backed Certificates Series 2002-Sb1)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireMaster Servicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date 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 “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Master Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period;
(vi) the Servicing Fee and Pool Balance at the Trustee Fee (including Close of Business at the separate amounts payable to each end of the Trustee and its Custodian)related Due Period;
(vii) the Pool Balance number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the close related Determination Date;
(viii) the number and aggregate unpaid principal balance of business 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 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 Due Period;
such Distribution Date and (viiiD) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal aboveREO Properties;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date[reserved];
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred the total number and is continuing and cumulative principal balance of all REO Properties as of the calculation thereofClose of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) the aggregate amount of all Curtailments that were received Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the principal portion aggregate amount of all Monthly Payments received during extraordinary Trust Fund expenses withdrawn from the Due PeriodCollection Account for such Distribution Date;
(xiv) the interest portion Certificate Principal Balance of all Monthly Payments received the Class A Certificates, the Mezzanine Certificates and the Class C Certificates, after giving effect to the distributions made on the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the amount Monthly Interest Distributable Amount in respect of the Monthly Advances Class A Certificates, the Mezzanine Certificates and the Compensating Class C Certificates for such Distribution Date and the Unpaid Interest payment Shortfall Amount, if any, with respect to be made on the Determination Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount to be distributed of any Prepayment Interest Shortfalls for such Distribution Date, to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for extent not covered by payments by the Distribution DateMaster Servicer pursuant to Section 3.26;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due PeriodCredit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for the Offered Certificates, if any, for such Distribution Date and the amount of all payments or remaining unpaid after reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)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 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 outstanding at the beginning to which such payments related) and at the end of the related Due Period;
(xxB) the cumulative amount of Liquidation Loan Losses experienced during payments received related to claims under the preceding Due Period PMI Policy since the Closing Date (and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool Balance;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans to which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forthsuch payments related);
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan Account;
(xxiiiA) the dollar amount of claims made under the PMI Policy that were denied during the Prepayment Period (and the number and aggregate Principal Balance of Mortgage Loans, other than 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 in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicerto which such denials related);
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;; and
(xxv) the amount on deposit in the Net Rate Cap Reserve Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off Date. The Trustee will make the Remittance Report 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 parties to this Agreement Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “"▇▇▇.▇▇▇▇▇▇▇.▇▇▇”". Assistance in using the website can be obtained by calling the Trustee’s 's customer service desk at (▇▇▇301) ▇▇▇815-▇▇▇▇6600. Parties that are 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 Remittance Reports 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 In the case of information furnished pursuant to access the Trustee’s internet websitesubclauses (i) through (iii) above, the Trustee may require registration and amounts shall be expressed in a separate section of the acceptance report as a dollar amount for each Class for each $1,000 original dollar amount as 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto)Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Holder 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 (iv) 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 make available to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Option One Mortgage Loan Tr 2002-1 as-BCKD Cert Ser 2002-1)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as the Trustee shall reasonably require, and the Seller hereby agrees provided to provide the Trustee and it by the Servicer with an amended Prepayment Charge Schedulepursuant to Sections 3.19 and 4.04, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Servicer and the Rating Agencies, a statement (as to the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, Date which information shall be based solely upon include the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereoffollowing information:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period;
(vi) the Servicing Fee and Pool Balance at the Trustee Fee (including Close of Business at the separate amounts payable to each end of the Trustee and its Custodian)related Due Period;
(vii) the Pool Balance number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the close related Determination Date and the number and aggregate Stated Principal Balance of business on all Subsequent Mortgage Loans added during the last day of the preceding Due Funding Period;
(viii) the Class number and aggregate unpaid 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 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 Class case as of Certificates after giving effect to payments allocated to principal abovethe Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date[Reserved];
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred the total number and is continuing and cumulative Stated Principal Balance of all REO Properties as of the calculation thereofClose of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) the aggregate amount of all Curtailments that were Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses since the Closing Date and the aggregate amount of Subsequent Recoveries received during the Due Periodrelated Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date;
(xiii) the principal portion aggregate amount of all Monthly Payments received during extraordinary Trust Fund expenses withdrawn from the Due PeriodCollection Account for such Distribution Date;
(xiv) the interest portion Certificate Principal Balance of all Monthly Payments received the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates, after giving effect to the distributions made on the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the amount Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, each Class of Mezzanine Certificates, the Monthly Advances Class B Certificates and the Compensating Class C Certificates for such Distribution Date and the Unpaid Interest payment Shortfall Amount, if any, with respect to be made on the Determination Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount to be distributed to the Class P Certificates, Class BIO and Class R Certificateholders, respectively of any Net Prepayment Interest Shortfalls for the such Distribution Date;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due PeriodCredit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for each Class of Class A Certificates, each Class of Mezzanine Certificates and the Class B Certificates, if any, for such Distribution Date and the amount of all payments or remaining unpaid after reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the number distribution of Mortgage Loans outstanding at the beginning and at the end of the related Due Periodprincipal on such Distribution Date;
(xx) when the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as Stepdown Date or a percentage of the Cut-Off Date Pool BalanceTrigger Event has occurred;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)Available Funds;
(xxii) the respective Pass-Through Rates applicable to each Class of Class A Certificates, each Class of Mezzanine Certificates, the Class B Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Class A Certificates, each Class of Mezzanine Certificates and the Class B Certificates for the immediately succeeding Distribution Date in April 2004 and May 2004, the amountDate; and
(xxiii) payments, if any, on deposit in made under the First Payment Loan Account;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer)Cap Contract;
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report to Accounts; and
(xxv) for the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) distribution occurring on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by Date immediately following the Servicer. In end of the case of information furnished pursuant to subclauses (ii), (iii), (iv) and (vi) aboveFunding Period, the amounts shall be expressed balance on deposit in a separate section of the report 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 dollar amount for each Class for each $1 original dollar amount as mandatory distribution of the related Cut-Off principal, if any, on such Distribution Date. The Trustee will make the Remittance Report such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement Rating Agencies via the Trustee’s internet website. The Trustee’s 's internet website shall initially to be located at “"▇▇▇.▇▇▇▇▇▇▇.▇▇▇”". Assistance in using the website can be obtained by calling the Trustee’s 's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are 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 Remittance Reports 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 '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 Remittance Report 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 heretothereto). 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 shall, upon written request, furnish to each Person who at any time during the calendar year was a Holder 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 (iv) 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 make available to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Residual Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireServicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Servicer and the Rating Agencies, a statement (as to the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period;
(vi) the Servicing Fee and Pool Balance at the Trustee Fee (including Close of Business at the separate amounts payable to each end of the Trustee and its Custodian)related Due Period;
(vii) the Pool Balance number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the close related Determination Date;
(viii) the number and aggregate unpaid principal balance of business 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 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 Due Period;
such Distribution Date and (viiiD) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal aboveREO Properties;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date;[reserved]
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred the total number and is continuing and cumulative principal balance of all REO Properties as of the calculation thereofClose of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) the aggregate amount of all Curtailments that were received Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the principal portion aggregate amount of all Monthly Payments received during extraordinary Trust Fund expenses withdrawn from the Due PeriodCollection Account for such Distribution Date;
(xiv) the interest portion Certificate Principal Balance of all Monthly Payments received the Class A Certificates, the Mezzanine Certificates and the Class C Certificates, after giving effect to the distributions made on the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the amount Monthly Interest Distributable Amount in respect of the Monthly Advances each Class of Class A Certificates, each Class of Mezzanine Certificates and the Compensating Class C Certificates for such Distribution Date and the Unpaid Interest payment Shortfall Amount, if any, with respect to be made on the Determination Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount to be distributed of any Prepayment Interest Shortfalls for such Distribution Date, to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for extent not covered by payments by the Distribution DateServicer pursuant to Section 3.26;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due PeriodCredit 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 of all payments or remaining unpaid after reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the number distribution of Mortgage Loans outstanding at the beginning and at the end of the related Due Periodprincipal on such Distribution Date;
(xx) when the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as Stepdown Date or a percentage of the Cut-Off Date Pool BalanceTrigger Event has occurred;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)Available Funds;
(xxii) the respective Pass-Through Rates applicable to each Class of Class A Certificates, each Class of Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Class A Certificates and each Class of Mezzanine Certificates for the immediately succeeding Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan Account;Date; and
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer);
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off Date. [reserved] The Trustee will make the Remittance Report such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “"▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇”/invr". Assistance in using the website can be obtained by calling the Trustee’s 's customer service desk at (▇▇▇800) ▇▇▇735-▇▇▇▇7777. Parties that are 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 Remittance Reports 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 '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 Remittance Report 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 heretothereto).
. In the case of information furnished pursuant to subclauses (bi) Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was a Holder 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 through (iii) and (iv) above, aggregated for such calendar year or applicable portion thereof during which such Person was the amounts shall be expressed in a Certificateholder. Such obligation separate section 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 report as a dollar amount for each Class for each $1,000 original dollar amount as of the Code as are in force from time to timeCut-off Date.
(c) On each Distribution Date, the Trustee shall make available to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Fremont Home Loan Trust 2003-3 Asset Backed Certs)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, based on the Servicer shall deliver to Mortgage Loan information contained in the Trustee by electronic means a computer file containing Remittance Report, the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Period, as applicable, and such other information as the Trustee shall reasonably require, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee Securities Administrator shall prepare and post on its website at www.ctslink.com, a statement (the “Remittance Report”"Distribution Date Statement") containing the information set forth below with respect to as t▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇ions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal, separately identified and the Certificate Rate for each amount of the distribution made on such Distribution Date to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates on allocable to interest or Class CE Distributable Amount, separately identified;
(iii) the Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency and the Targeted Overcollateralization Amount as of such Distribution Date and the Monthly Excess Interest Amount and Monthly Excess Cashflow Amount for such Distribution Date;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in respect of principal and Servicer during the amount thereof in respect of the Class Principal Carryover Shortfall, and any remaining Class Principal Carryover Shortfallrelated Collection Period;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Collection Period, cumulative unreimbursed Advances and Servicing Advances and cumulative Nonrecoverable Advances;
(vi) the Servicing Fee and Pool Balance, at the Trustee Fee (including close of business at the separate amounts payable to each end of the Trustee and its Custodian)related Collection Period;
(vii) the Pool Balance number, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Due Date;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 to 59 days past due on a contractual basis, (b) 60 to 89 days past due on a contractual basis, (c) 90 or more days past due on a contractual basis, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy as of the close of business on the last day of the calendar month preceding Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal abovesuch Distribution Date;
(ix) with respect to any Mortgage Loan that became an REO Property during the Overcollateralization Amount and preceding calendar month, the Required Overcollateralization Amount loan number of such Mortgage Loan, the unpaid Principal Balance of the REO Property as of the close of business on the Distribution Date, after giving effect to distributions last Business Day of principal on such Distribution Datecalendar month and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred 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 is continuing and cumulative principal balance of all REO Properties as of the calculation thereofclose of business of the last day of the preceding Collection Period;
(xi) separately stated for each Loan Group, the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) separately stated for each Loan Group, the aggregate amount of all Curtailments that were received Realized Losses incurred during the Due Periodrelated Collection Period and the cumulative amount of Realized Losses;
(xiii) the principal portion Principal Balance of all Monthly Payments received during each Class of Certificates, after giving effect to the Due Perioddistributions, 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 interest portion Accrued Certificate Interest in respect of all Monthly Payments received 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 the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the Monthly Advances and extent not covered by payments by the Compensating Interest payment Servicer pursuant to be made on the Determination DateSection 3.23;
(xvi) the amount to be distributed to of the Class P Certificates, Class BIO and Class R Certificateholders, respectively for the Distribution DateSecurities Administrator Fee paid;
(xvii) the weighted average Cap Carryover Amounts distributed on such Distribution Date, the amounts remaining term after giving effect to maturity of the Mortgage Loans distributions thereof on such Distribution Date and the weighted average Loan Rate as amount of all Cap Carryover Amounts covered by withdrawals from the first day of the related Due PeriodReserve Account on such Distribution Date;
(xviii) the amount of all payments or reimbursements any Overcollateralization Deficiency after giving effect to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)distribution of principal on such Distribution Date;
(xix) whether a Trigger Event has occurred and is continuing, and the number of Mortgage Loans outstanding at the beginning and at the end cumulative Realized Losses, as a percentage of the related Due Periodoriginal Pool Balance;
(xx) the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool BalanceAvailable Funds;
(xxi) as the Pass-Through Rate for each Class of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)Certificates for such Distribution Date;
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit information contained in the First Payment Loan AccountLiquidation Report for such Distribution Date;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified purchased by the Servicer or the Depositor during the related Due Prepayment Period (as reported by and indicating the Servicer)section of this Agreement requiring or allowing the purchase of each such Mortgage Loan;
(xxiv) the amount aggregate Principal Balance of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from Mortgage Loans repurchased by the cap provider Depositor during the related Prepayment Period in connection with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such ClassSection 3.16;
(xxv) the amount on deposit in of the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such AccountCredit Risk Manager Fee paid; and
(xxvi) for the Mortgage Loan identifying number of each Pre-Funding Distribution DateMortgage Loan with a Prepayment Charge that was the subject of a Principal Prepayment in full during the related Collection Period, the remaining amount in Prepayment Charge listed on each related Mortgage Note and the Pre-Funding Account. The Trustee shall make available such report to the ServicerPrepayment Charge collected, the Seller, Servicer Prepayment Charge Payment Amount paid by the Certificateholders, Servicer or the Rating Agencies, Bloomberg Originator Prepayment Charge Payment Amount paid by the Originator with respect to each such Mortgage Loan. Assistance in using the Securities Administrator's website can be obtained by calling the Securities Administrator's customer service desk at (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇301) and Intex Solutions (at ▇▇ ▇▇815-6600. Parties that are unable to use the above distribution ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇titled 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 such reports are distributed in order to make such distribution more convenient and/or more accessible to the parties, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on and the Distribution DateSecurities Administrator shall provide timely and adequate notification to all parties regarding any such change. 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 (iii), (iii), (ivii) and (vixiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 1,000 original dollar amount as of the related Cut-Off off Date. The Trustee will make the Remittance Report (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way Remittance Reports 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto).
(b) Within a reasonable period of time after the end of each calendar year, the Trustee Securities Administrator shall furnish to each Person who at any time during the calendar year was a Holder 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 (iiii), (ii), (xiv) and (ivxvii) 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 make available forward to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders Certificateholder a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders Class R Certificateholder by the Trustee or Tax Matters Person Securities Administrator pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Wells Fargo Asset Securities Corp)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, based on the Servicer shall deliver to Mortgage Loan information contained in the Trustee by electronic means a computer file containing Remittance Report, the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Period, as applicable, and such other information as the Trustee shall reasonably require, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee Securities Administrator shall prepare a statement (the “Remittance Report”"Distribution Date Statement") containing as to the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal, separately identified and the Certificate Rate for each amount of the distribution made on such Distribution Date to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges, Originator Prepayment Charge Payment Amounts and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates on allocable to interest or Class CE Distributable Amount, separately identified;
(iii) the Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency and the Targeted Overcollateralization Amount as of such Distribution Date and the Monthly Excess Interest Amount and Monthly Excess Cashflow Amount for such Distribution Date;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in respect of principal and Servicers during the amount thereof in respect of the Class Principal Carryover Shortfall, and any remaining Class Principal Carryover Shortfallrelated Collection Period;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Collection Period, cumulative unreimbursed Advances and Servicing Advances and cumulative nonrecoverable Advances;
(vi) the Servicing Fee and Pool Balance, at the Trustee Fee (including close of business at the separate amounts payable to each end of the Trustee and its Custodian)related Collection Period;
(vii) the Pool Balance number, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Due Date;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 to 59 days past due on a contractual basis, (b) 60 to 89 days past due on a contractual basis, (c) 90 or more days past due on a contractual basis, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy as of the close of business on the last day of the calendar month preceding Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal abovesuch Distribution Date;
(ix) the Overcollateralization Amount aggregate number of Mortgage Loans that became REO Properties during the preceding calendar month and the Required Overcollateralization Amount aggregate Principal Balance of such Mortgage Loans (calculated as of the date each such Mortgage Loan became an REO Property);
(x) the total number and cumulative principal balance of all REO Properties as of the close of business on of the Distribution Date, after giving effect to distributions last day of principal on such Distribution Date;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and the calculation thereofpreceding Collection Period;
(xi) separately stated for each Loan Group, the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) separately stated for each Loan Group, the aggregate amount of all Curtailments that were received Realized Losses incurred during the Due Periodrelated Collection Period and the cumulative amount of Realized Losses;
(xiii) the principal portion Certificate Principal Balance of all Monthly Payments received during each Class of Certificates, after giving effect to the Due Perioddistributions, 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 interest portion Accrued Certificate Interest in respect of all Monthly Payments received 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 the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the Monthly Advances and extent not covered by payments by the Compensating Interest payment Servicers pursuant to be made on the Determination Daterelated Servicing Agreements;
(xvi) the Cap Carryover Amounts distributed on such Distribution Date, the amounts remaining after giving effect to distributions thereof on such Distribution Date, the amount to be of all Cap Carryover Amounts covered by withdrawals 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 Date and the amount 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 Date to the Class P CE Certificates, Class BIO and Class R Certificateholders, respectively for ;
(xvii) any Overcollateralization Deficiency after giving effect to the distribution of principal on such Distribution Date;
(xviixviii) whether a Trigger Event or a Sequential Trigger Event has occurred and is continuing, and the weighted average remaining term to maturity cumulative Realized Losses, as a percentage of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due Period;
(xviii) the amount of all payments or reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)original Pool Balance;
(xix) the number of Mortgage Loans outstanding at the beginning and at the end of the related Due PeriodAvailable Funds;
(xx) the amount rate at which interest accrues for each Class of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool BalanceCertificates for such Distribution Date;
(xxi) as the aggregate amount of Net Liquidation Proceeds for the end of related Collection Period;
(xxii) the preceding calendar month, the number and aggregate Principal Balance of Mortgage Loans which are 30-59 days delinquent; purchased by the number Originators or the Seller during the related Prepayment Period and Principal Balance indicating the section of this Agreement requiring the purchase of each such Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth);
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan AccountLoan;
(xxiii) the amount of the Credit Risk Manager Fee paid;
(xxiv) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer subject of a Principal Prepayment in full during the related Due Period (as reported Prepayment Period, the aggregate Prepayment Charges collected, the Servicer Prepayment Charge Payment Amounts paid by the Servicer);
(xxiv) Servicers or the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than Originator Prepayment Charge Payment Amounts paid by the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;Originators; and
(xxv) the amount on deposit in of Subsequent Recoveries received during the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Accountrelated Prepayment Period. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. The Trustee 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 the case of information furnished pursuant to subclauses (iii), (iii), (ivii) and (vixiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 1,000 original dollar amount as of the related Cut-Off off Date. The Trustee Securities Administrator will make the Remittance Report Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders Certificateholders, and the other parties to this Agreement via the Trustee’s internet Securities Administrator's Internet website. The Trustee’s internet Securities Administrator's Internet website shall initially be located at “▇▇▇"www.ctslink.com.▇▇▇▇▇▇▇.▇▇▇”. " Assistance in using the website can be obtained by calling the Trustee’s ca▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ities Administrator's customer service desk at (▇▇▇301) ▇▇▇815-▇▇▇▇6600. Parties that are unable to use the above distribution options website are entitled to have a paper ▇▇ ▇▇▇▇ ▇ ▇▇▇er 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 Remittance Reports 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 Trustee Securities Administrator 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto).
(b) Within a reasonable period of time after the end of each calendar year, the Trustee Securities Administrator shall furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Holder 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 (iiii), (ii), (xiv) and (ivxvi) 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 make available forward to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders Certificateholder a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders Class R Certificateholder by the Trustee or Tax Matters Person Securities Administrator pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (ABFC Asset-Backed Certificates, Series 2005-He1)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireMaster Servicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date 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 “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Master Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period;
(vi) the Servicing Fee and Pool Balance at the Trustee Fee (including Close of Business at the separate amounts payable to each end of the Trustee and its Custodian);related Due Period; 91
(vii) the Pool Balance number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the close related Determination Date and the number and aggregate principal balance of business on the last day of all Subsequent Mortgage Loans added during the preceding Due Prepayment Period;
(viii) the Class Principal Balance 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 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 Class case as of Certificates after giving effect to payments allocated to principal abovethe Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date[reserved];
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred the total number and is continuing and cumulative principal balance of all REO Properties as of the calculation thereofClose of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) the aggregate amount of all Curtailments that were received Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the principal portion aggregate amount of all Monthly Payments received during extraordinary Trust Fund expenses withdrawn from the Due PeriodCollection Account for such Distribution Date;
(xiv) the interest portion Certificate Principal Balance of all Monthly Payments received the Class A Certificates, the Mezzanine Certificates and the Class C Certificates, after giving effect to the distributions made on the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the amount Monthly Interest Distributable Amount in respect of the Monthly Advances Class A Certificates, the Mezzanine Certificates and the Compensating Class C Certificates for such Distribution Date and the Unpaid Interest payment Shortfall Amount, if any, with respect to be made on the Determination Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount to be distributed of any Prepayment Interest Shortfalls for such Distribution Date, to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for extent not covered by payments by the Distribution DateMaster Servicer pursuant to Section 3.26;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due PeriodCredit 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 of all payments or remaining unpaid after reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer);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 outstanding at the beginning to which such payments related) and at the end of the related Due Period;
(xxB) the cumulative amount of Liquidation Loan Losses experienced during payments received related to claims under the preceding Due Period PMI Policy since the Closing Date (and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool Balance;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans to which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forthsuch payments related);
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan Account;
(xxiiiA) the dollar amount of claims made under the PMI Policy that were denied during the Prepayment Period (and the number and aggregate Principal Balance of Mortgage Loans, other than 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 in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicerto which such denials related);
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap FundPre-Funding Account, the Interest Coverage Account and the amounts of each deposit and withdrawal from such AccountReserve Fund; and
(xxvi) for each Pre-the distribution occurring on the Distribution Date immediately following the end of the Funding Distribution DatePeriod, the remaining amount balance on deposit in the Pre-Funding Account. The Trustee shall make available such report Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report Class A Certificates as a dollar amount for each Class for each $1 original dollar amount as mandatory prepayment of the related Cut-Off principal, if any, on such Distribution Date. The Trustee will make the Remittance Report 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 parties to this Agreement Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “▇"w▇▇.▇▇▇▇▇▇▇.▇▇▇”". Assistance in using the website can be obtained by calling the Trustee’s 's customer service desk at (▇▇▇301) ▇▇▇815-▇▇▇▇6600. Parties that are 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 Remittance Reports 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 In the case of information furnished pursuant to access the Trustee’s internet websitesubclauses (i) through (iii) above, the Trustee may require registration and amounts shall be expressed in a separate section of the acceptance report as a dollar amount for each Class for each $1,000 original dollar amount as 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto)Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall shall, upon written request, furnish to the NIMs Insurer and each Person who at any time during the calendar year was a Holder 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 (iv) 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 make available forward to the NIMs Insurer and the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Asset Backed Certificates Series 2001-2)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireMaster Servicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date 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 “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds 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 Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Master Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period;
(vi) the Servicing Fee and Pool Balance at the Trustee Fee (including Close of Business at the separate amounts payable to each end of the Trustee and its Custodian)related Due Period;
(vii) the Pool Balance number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the close related Determination Date and the number and aggregate principal balance of business on the last day of all Subsequent Mortgage Loans added during the preceding Due Prepayment Period;
(viii) the Class Principal Balance 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 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 Class case as of Certificates after giving effect to payments allocated to principal abovethe Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date[reserved];
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred the total number and is continuing and cumulative principal balance of all REO Properties as of the calculation thereofClose of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) the aggregate amount of all Curtailments that were received Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the principal portion aggregate amount of all Monthly Payments received during extraordinary Trust Fund expenses withdrawn from the Due PeriodCollection Account for such Distribution Date;
(xiv) the interest portion Certificate Principal Balance of all Monthly Payments received 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 the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the amount Monthly Interest Distributable Amount in respect of the Monthly Advances Class A Certificates, the Class S Certificates, the Mezzanine Certificates and the Compensating Class C Certificates for such Distribution Date and the Unpaid Interest payment Shortfall Amount, if any, with respect to be made on the Determination Class A Certificates, the Class S Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount to be distributed of any Prepayment Interest Shortfalls for such Distribution Date, to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for extent not covered by payments by the Distribution DateMaster Servicer pursuant to Section 3.26;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due PeriodCredit 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 of all payments or remaining unpaid after reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer);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 outstanding at the beginning to which such payments related) and at the end of the related Due Period;
(xxB) the cumulative amount of Liquidation Loan Losses experienced during payments received related to claims under the preceding Due Period PMI Policy since the Closing Date (and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool Balance;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans to which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forthsuch payments related);
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan Account;
(xxiiiA) the dollar amount of claims made under the PMI Policy that were denied during the Prepayment Period (and the number and aggregate Principal Balance of Mortgage Loans, other than 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 in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicerto which such denials related);
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap FundPre-Funding Account, the Interest Coverage Account and the amounts of each deposit and withdrawal from such Net WAC Rate Carryover Reserve Account; and
(xxvi) for each Pre-the distribution occurring on the Distribution Date immediately following the end of the Funding Distribution DatePeriod, the remaining amount balance on deposit in the Pre-Funding Account. The Trustee shall make available such report Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report Class A Certificates as a dollar amount for each Class for each $1 original dollar amount as mandatory prepayment of the related Cut-Off principal, if any, on such Distribution Date. The Trustee will make the Remittance Report 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 parties to this Agreement Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “"▇▇▇.▇▇▇▇▇▇▇.▇▇▇”". Assistance in using the website can be obtained by calling the Trustee’s 's customer service desk at (▇▇▇301) ▇▇▇815-▇▇▇▇6600. Parties that are 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 Remittance Reports 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 '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 Remittance Report 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 heretothereto). 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 shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Holder 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 (iv) 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 make available forward to the NIMS Insurer and the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Option One Mortgage Loan Tr Asset Backed Cert Ser 2002-2)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireMaster Servicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer, the NIMs Insurer and the Rating Agencies, a statement (as to the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds 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 Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Master Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfall;or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; 91
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period;
(vi) the Servicing Fee and the Trustee Fee (including the separate amounts payable to each aggregate Stated Principal Balance of the Trustee and its Custodian)Mortgage Loans at the Close of Business at the end of the related Due Period;
(vii) the Pool Balance number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the close related Determination Date;
(viii) the number and aggregate unpaid principal balance of business on Mortgage Loans (a) delinquent 30-59 days, (b) delinquent 60-89 days, (c) delinquent 90 or more days in each case, as of the last day of the preceding Due Period;
calendar month, (viiid) as to which foreclosure proceedings have been commenced and (e) with respect to which the Class Principal Balance of each Class of Certificates after giving effect related Mortgagor has filed for protection under applicable bankruptcy laws, with respect to payments allocated whom bankruptcy proceedings are pending or with respect to principal abovewhom bankruptcy protection is in force;
(ix) with respect to any Mortgage Loan that became an REO Property during the Overcollateralization Amount preceding Prepayment Period, the unpaid principal balance and the Required Overcollateralization Amount Principal Balance of such Mortgage Loan as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Datedate it became an REO Property;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred the total number and is continuing and cumulative principal balance of all REO Properties as of the calculation thereofClose of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) the aggregate amount of all Curtailments that were received Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the principal portion aggregate amount of all Monthly Payments received during Extraordinary Trust Fund expenses withdrawn from the Due PeriodCollection Account or the Distribution Account for such Distribution Date;
(xiv) the interest portion Certificate Principal Balance of all Monthly Payments received the Class A Certificates, the Mezzanine Certificates and the Class C Certificates, after giving effect to the distributions made on such Distribution Date, and the Mortgage Loans during Notional Amount of the Due PeriodClass S Certificates and the Class C Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the amount Monthly Interest Distributable Amount in respect of the Monthly Advances Class A Certificates, the Class S Certificates, the Mezzanine Certificates and the Compensating Class C Certificates for such Distribution Date and the Unpaid Interest payment Shortfall Amount, if any, with respect to be made on the Determination Class A Certificates, the Class S Certificates and the Mezzanine Certificates for such Distribution Date;
(xvi) the amount to be distributed to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for the Distribution Date;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due Period;
(xviii) the aggregate amount of all payments or reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer);
(xix) the number of Mortgage Loans outstanding at the beginning and at the end of the related Due Period;
(xx) the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool Balance;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth);
(xxii) any Prepayment Interest Shortfalls for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan Account;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer);
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off Date. The Trustee will make the Remittance Report (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way Remittance Reports 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto).
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was a Holder 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 (iii) and (iv) 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 not covered by payments 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 make available to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Master Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.to
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Long Beach Mortgage Loan Trust 2001-1 as Bk Cert Ser 2001-1)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, based on the Servicer shall deliver to Mortgage Loan information contained in the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due PeriodRemittance Report, as applicable, and such other information as the Trustee shall reasonably require, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and post on its website at ww▇.▇▇▇▇▇▇▇.▇▇▇, a statement (the “Remittance Report”"Distribution Date Statement") containing as to the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal, separately identified and the Certificate Rate for each amount of the distribution made on such Distribution Date to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges, Originator Prepayment Charge Payment Amounts and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates on allocable to interest or Class CE Distributable Amount, separately identified;
(iii) the Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency and the Targeted Overcollateralization Amount as of such Distribution Date and the Monthly Excess Interest Amount and Monthly Excess Cashflow Amount for such Distribution Date;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in respect of principal and Master Servicer during the amount thereof in respect of the Class Principal Carryover Shortfall, and any remaining Class Principal Carryover Shortfallrelated Collection Period;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Collection Period, cumulative unreimbursed Advances and Servicing Advances and cumulative Nonrecoverable Advances;
(vi) the Servicing Fee and Pool Balance, at the Trustee Fee (including close of business at the separate amounts payable to each end of the Trustee and its Custodian)related Collection Period;
(vii) the Pool Balance number, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Due Date;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 to 59 days past due on a contractual basis, (b) 60 to 89 days past due on a contractual basis, (c) 90 or more days past due on a contractual basis, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy as of the close of business on the last day of the calendar month preceding Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal abovesuch Distribution Date;
(ix) with respect to any Mortgage Loan that became an REO Property during the Overcollateralization Amount and preceding calendar month, the Required Overcollateralization Amount loan number of such Mortgage Loan, the unpaid Principal Balance of the REO Property as of the close of business on the Distribution Date, after giving effect to distributions last Business Day of principal on such Distribution Datecalendar month and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred 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 is continuing and cumulative principal balance of all REO Properties as of the calculation thereofclose of business of the last day of the preceding Collection Period;
(xi) separately stated for each Loan Group, the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) separately stated for each Loan Group, the aggregate amount of all Curtailments that were received Realized Losses incurred during the Due Periodrelated Collection Period and the cumulative amount of Realized Losses;
(xiii) the principal portion Certificate Principal Balance of all Monthly Payments received during each Class of Certificates, after giving effect to the Due Perioddistributions, 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 interest portion Accrued Certificate Interest in respect of all Monthly Payments received 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 the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the Monthly Advances and extent not covered by payments by the Compensating Interest payment Master Servicer pursuant to be made on the Determination DateSection 3.23;
(xvi) the amount to be distributed to of the Class P Certificates, Class BIO and Class R Certificateholders, respectively for the Distribution DateTrustee Fee paid;
(xvii) the weighted average Cap Carryover Amounts distributed on such Distribution Date, the amounts remaining term after giving effect to maturity of the Mortgage Loans distributions thereof on such Distribution Date and the weighted average Loan Rate as amount of all Cap Carryover Amounts covered by withdrawals from the first day of the related Due PeriodReserve Account on such Distribution Date;
(xviii) the amount of all payments or reimbursements any Overcollateralization Deficiency after giving effect to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)distribution of principal on such Distribution Date;
(xix) whether a Trigger Event has occurred and is continuing, and the number of Mortgage Loans outstanding at the beginning and at the end cumulative Realized Losses, as a percentage of the related Due Periodoriginal Pool Balance;
(xx) the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool BalanceAvailable Funds;
(xxi) as the rate at which interest accrues for each Class of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)Certificates for such Distribution Date;
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit information contained in the First Payment Loan AccountLiquidation Report for such Distribution Date;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified purchased by the Servicer Master Servicer, the Originator or the Seller during the related Due Prepayment Period (as reported by and indicating the Servicer)section of this Agreement requiring or allowing the purchase of each such Mortgage Loan;
(xxiv) the amount aggregate Principal Balance of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from Mortgage Loans repurchased by the cap provider Master Servicer during the related Prepayment Period in connection with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such ClassSection 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 deposit in each related Mortgage Note and the Net Rate Cap 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 amounts Mortgage Insurance Policy during the related Collection Period and the amount of each deposit and withdrawal from such Accountany 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
(xxvixxviii) for each Pre-Funding Distribution Date, the remaining amount in of Subsequent Recoveries received during the Pre-Funding Account. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Daterelated Prepayment Period. The Trustee 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 the case of information furnished pursuant to subclauses (iii), (iii), (ivii) and (vixiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 1,000 original dollar amount as of the related Cut-Off off Date. The Trustee will make the Remittance Report (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way Remittance Reports 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto).
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Holder 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 (iiii), (ii), (xiv) and (ivxvii) 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 make available forward to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders Certificateholder a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders Class R Certificateholder by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, based on the Servicer shall deliver to Mortgage Loan information contained in the Trustee by electronic means a computer file containing Remittance Report, the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Period, as applicable, and such other information as the Trustee shall reasonably require, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee Securities Administrator shall prepare and make available on its website at www.ctslink.com, a statement (the “Remittance Report”"Distribution Date Statement") containing the information set forth below with respect as to ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ns made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal, separately identified and the Certificate Rate for each amount of the distribution made on such Distribution Date to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Penalties, Originator Prepayment Penalty Payment Amounts and Servicer Prepayment Penalty Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates on allocable to interest or Class CE Distributable Amount, separately identified;
(iii) the Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency and the Targeted Overcollateralization Amount as of such Distribution Date and the Monthly Excess Interest Amount and Monthly Excess Cashflow Amount for such Distribution Date;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in respect of principal and Servicer during the amount thereof in respect of the Class Principal Carryover Shortfall, and any remaining Class Principal Carryover Shortfallrelated Collection Period;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Collection Period, cumulative unreimbursed Advances and Servicing Advances and cumulative Nonrecoverable Advances;
(vi) the Servicing Fee and Pool Balance, at the Trustee Fee (including close of business at the separate amounts payable to each end of the Trustee and its Custodian)related Collection Period;
(vii) the Pool Balance number, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Due Date;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 to 59 days past due on a contractual basis, (b) 60 to 89 days past due on a contractual basis, (c) 90 or more days past due on a contractual basis, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy as of the close of business on the last day of the calendar month preceding Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal abovesuch Distribution Date;
(ix) with respect to any Mortgage Loan that became an REO Property during the Overcollateralization Amount and preceding calendar month, the Required Overcollateralization Amount loan number of such Mortgage Loan, the unpaid Principal Balance of the REO Property as of the close of business on the Distribution Date, after giving effect to distributions last Business Day of principal on such Distribution Datecalendar month and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred 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 is continuing and cumulative principal balance of all REO Properties as of the calculation thereofclose of business of the last day of the preceding Collection Period;
(xi) separately stated for each Loan Group, the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) separately stated for each Loan Group, the aggregate amount of all Curtailments that were received Realized Losses incurred during the Due Periodrelated Collection Period and the cumulative amount of Realized Losses;
(xiii) the principal portion Principal Balance of all Monthly Payments received during each Class of Certificates, after giving effect to the Due Perioddistributions, 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 interest portion Accrued Certificate Interest in respect of all Monthly Payments received 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 the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the aggregate amount of the Monthly Advances any Prepayment Interest Shortfalls and the of any Compensating Interest payment for such Distribution Date, to be made on the Determination Dateextent not covered by payments by the Servicer pursuant to Section 3.23;
(xvi) the amount to be distributed to the Interest Percentage for each Class P of Certificates, the amount of any Current Interest Shortfall and the amount of the distribution made to each Class BIO and Class R Certificateholders, respectively of Certificates pursuant to Section 4.02(e) for the such Distribution Date;
(xvii) the weighted average Cap Carryover Amounts distributed on such Distribution Date, the amounts remaining term after giving effect to maturity of the Mortgage Loans distributions thereof on such Distribution Date and the weighted average Loan Rate as amount of all Cap Carryover Amounts covered by withdrawals from the first day of the related Due Periodapplicable Reserve Account on such Distribution Date;
(xviii) the amount of all payments or reimbursements any Overcollateralization Deficiency after giving effect to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)distribution of principal on such Distribution Date;
(xix) the number of Mortgage Loans outstanding at the beginning whether a Trigger Event has occurred and at the end of the related Due Period;
(xx) the amount of Liquidation Loan Losses experienced during the preceding Due Period is continuing, and the Cumulative Net Losses cumulative Realized Losses, as a percentage of the Cut-Off Date original Pool Balance;
; (xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth);
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan Account;
(xxiiixx) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer)Available Funds;
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off Date. The Trustee will make the Remittance Report (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way Remittance Reports 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto).
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was a Holder 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 (iii) and (iv) 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 make available to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Wells Fargo Home Equity Asset-Backed Securities 2004-2 Trust)
Statements. (a) Not later than 1:00 p.m.On each Trustee Reporting Date, New York timethe Trustee shall make available to the Guarantor, and on the fifth Business Day prior to each Distribution Date, the Servicer Trustee shall deliver make available to each Certificateholder, the Trustee by electronic means Certificate Insurer, the Guarantor, the Seller, and each Rating Agency, a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodstatement based, as applicable, and such other on loan-level information as the Trustee shall reasonably require, and the Seller hereby agrees to provide the Trustee obtained from and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare a statement (the “Remittance ReportDistribution Date Statement”) containing as to the information set forth below with respect distributions to be made or made, as applicable, on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds and the Certificate Rate for amount of the distribution made on such Distribution Date to the Holders of each Class for the related Distribution Dateof Certificates allocable to principal;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates on allocable to interest;
(iii) the Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to Loan Group 2 for the following Distribution Date;
(iv) the aggregate amount of servicing compensation received by the Servicer during the related Due Period, any fee paid to the Custodian 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 Period and the amount of unreimbursed Advances;
(vi) the Pool Collateral Balance and the Loan Group Collateral Balance for such Distribution Date;
(iiivii) the amount Loan Group Balance and related Net WAC for each Loan Group and the Subordinate Net WAC Cap as of the distribution set forth in paragraph (i) above in respect Close of interest and Business at the amount thereof in respect end of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remainingrelated Due Period;
(ivviii) for each Loan Group, the amount aggregate Principal Balance of the distribution set forth in paragraph (i) above in respect One-Year MTA Indexed Mortgage Loans at the Close of principal and Business at the amount thereof in respect end of the Class Principal Carryover Shortfall, and any remaining Class Principal Carryover Shortfallrelated Due Period;
(vix) the amount of Excess Interest paid as principal[Reserved];
(vix) the Servicing Fee and the Trustee Fee (including the separate amounts payable to each of the Trustee and its Custodian)[Reserved];
(viixi) for each Loan Group, the number, weighted average remaining term to maturity and weighted average Loan Rate of the related Mortgage Loans as of the related Due Date;
(xii) the Pool Balance number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, 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 Business Day of the calendar month preceding the Distribution Date, and, 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 Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal above;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and the calculation thereof;
(xixiv) the aggregate amount of Principal Prepayments received with respect to each Loan Group made during the related Prepayment Period;
(xiixv) the aggregate amount of Realized Losses incurred during the related Due Period for each Loan Group and the cumulative amount of Realized Losses and the amount of all Curtailments that were received during the Due Period;
(xiii) the principal portion Realized Losses, if any, allocated to each Class of all Monthly Payments received during the Due Period;
(xiv) the interest portion of all Monthly Payments received on the Mortgage Loans during the Due Period;
(xv) the amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination DateCertificates or Principal-Only Components;
(xvi) the amount Class Principal Balance or Class Notional Balance, as applicable, of each Class of Certificates and the Apportioned Principal Balances of the Subordinate Certificates after giving effect to be distributed to the Class P Certificatesany distributions made thereon, Class BIO and Class R Certificateholders, respectively for the on such Distribution Date;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans Monthly Interest Distributable Amount and the weighted average Loan Rate as Interest Distributable Amount in respect of each Class of Certificates, for such Distribution Date and the first day respective portions thereof, if any, remaining unpaid following the distributions made in respect of the related Due Periodsuch Certificates on such Distribution Date;
(xviii) the aggregate amount of all payments or reimbursements to any Net Interest Shortfalls and the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)Unpaid Interest Shortfall Amount for such Distribution Date;
(xix) the number of Mortgage Loans outstanding at the beginning and at the end of the related Due PeriodAvailable Funds with respect to each Loan Group;
(xx) the amount of Liquidation Loan Losses experienced during Net WAC, the preceding Due Period Pass-Through Rate and the Cumulative Net Losses as a percentage Adjusted Cap Rate for each Class of the Cut-Off Date Pool BalanceCertificates for such Distribution Date;
(xxi) as of the end of the preceding calendar month, the number and aggregate Principal Balance of Mortgage Loans which are 30-59 days delinquent; purchased hereunder by the number Seller during the related Due Period, and Principal Balance indicating the relevant section of the Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each such Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)Loan;
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan Accountamount of any Principal Deficiency Amounts or Accrued Interest Amounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(e)(i);
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer)current Recoveries allocable to each Loan Group;
(xxiv) the amount of Net Rate Cap Carryover distributed cumulative Recoveries allocable to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such ClassLoan Group;
(xxv) the amount on deposit in the Net Rate Cap Fundof any Basis Risk Shortfall, if any, and the amounts of each deposit and withdrawal from such Account; andrelated accrued interest thereon;
(xxvi) for each Pre-Funding Distribution DateLoan Group, the remaining amount of Deferred Interest and Net Deferred Interest, if any, for such Loan Group;
(xxvii) the amount of Net Deferred Interest, if any, added to the Class Principal Balance of the related Certificates;
(xxviii) the amount of the Guarantor Reimbursement Amount, if any;
(xxix) the amount of the Certificate Insurer Reimbursement Amount, if any;
(xxx) Guaranteed Deficiency Amount, if any, paid by the Guarantor;
(xxxi) the Insured Deficiency Amount, if any, to be paid by the Certificate Insurer;
(xxxii) the number of mortgage loans and the aggregate principal balance of the mortgage loans that have negatively amortized in each Loan Group;
(xxxiii) the Preamount of any payment to the Class 2-Funding AccountX Certificate of any Class 2-X Amortization Shortfall after any such payment; and
(xxxiv) the 2-PO2A, 2-PO2B and 2-PO2C Component Principal Balances. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off Date. The Trustee will make the Remittance Report Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the other parties to this Agreement via the Trustee’s internet Internet website. The Trustee’s internet Internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee’s Trustee customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are 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 Remittance Reports such 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. As a condition In the case of information furnished pursuant to access the Trustee’s internet websitesubclauses (i) and (ii) above, the Trustee may require registration and amounts shall be expressed in a separate section of the acceptance report as a dollar amount for each Class for each $1,000 original dollar amount as of a disclaimerthe Cut-off Date. The Trustee will not be liable for In addition to the dissemination of information in accordance with this Agreement. The Trustee listed above, such Distribution Date Statement shall also be entitled to rely on include such other information as is required by Form 10-D, including, but shall not be responsible for limited to, the content or accuracy information required by Item 1121 (§ 229.1121) of any information provided by third parties for purposes of preparing the Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto)Regulation AB.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall shall, upon written request, furnish to the Certificate Insurer, the Guarantor and each Person who at any time during the calendar year was a Holder 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 (iiii) and (ivii) of Subsection 5.04(a) 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 make available supply an electronic tape to the Class R Certificateholders Bloomberg Financial Markets, Inc. in the same manner as the Remittance Report is made available a format acceptable to all Certificateholders Bloomberg Financial Markets, Inc. on a copy of the reports forwarded to the Holders of the Regular Certificates in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary naturemonthly basis, and shall not be copied or distributed except supply an electronic tape to the extent required by law or Loan Performance and Intex Solutions in a format acceptable to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this AgreementLoan Performance and Intex Solutions on a monthly basis.
Appears in 1 contract
Sources: Pooling Agreement (Harborview Mortgage Loan Trust 2006-Cb1)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, based on the Servicer shall deliver to Mortgage Loan information contained in the Trustee by electronic means a computer file containing Remittance Report, the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Period, as applicable, and such other information as the Trustee shall reasonably require, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee Securities Administrator shall prepare and make available on its website at www.ctslink.com, a statement (the “Remittance Report”"Distribution Date Statement") containing the information set forth below with respect as to ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ns made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal, separately identified and the Certificate Rate for each amount of the distribution made on such Distribution Date to the Holders of the Class for the related Distribution DateP Certificates from Prepayment Penalties, Originator Prepayment Penalty Payment Amounts and Servicer Prepayment Penalty Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates on allocable to interest or Class CE Distributable Amount, separately identified;
(iii) the Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency and the Targeted Overcollateralization Amount as of such Distribution Date and the Monthly Excess Interest Amount and Monthly Excess Cashflow Amount for such Distribution Date;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in respect of principal and Servicer during the amount thereof in respect of the Class Principal Carryover Shortfall, and any remaining Class Principal Carryover Shortfallrelated Collection Period;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Collection Period, cumulative unreimbursed Advances and Servicing Advances and cumulative Nonrecoverable Advances;
(vi) the Servicing Fee and Pool Balance, at the Trustee Fee (including close of business at the separate amounts payable to each end of the Trustee and its Custodian)related Collection Period;
(vii) the Pool Balance number, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Due Date;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 to 59 days past due on a contractual basis, (b) 60 to 89 days past due on a contractual basis, (c) 90 or more days past due on a contractual basis, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy as of the close of business on the last day of the calendar month preceding Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal abovesuch Distribution Date;
(ix) with respect to any Mortgage Loan that became an REO Property during the Overcollateralization Amount and preceding calendar month, the Required Overcollateralization Amount loan number of such Mortgage Loan, the unpaid Principal Balance of the REO Property as of the close of business on the Distribution Date, after giving effect to distributions last Business Day of principal on such Distribution Datecalendar month and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred 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 is continuing and cumulative principal balance of all REO Properties as of the calculation thereofclose of business of the last day of the preceding Collection Period;
(xi) separately stated for each Loan Group, the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) separately stated for each Loan Group, the aggregate amount of all Curtailments that were received Realized Losses incurred during the Due Periodrelated Collection Period and the cumulative amount of Realized Losses;
(xiii) the principal portion Principal Balance of all Monthly Payments received during each Class of Certificates, after giving effect to the Due Perioddistributions, 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 interest portion Accrued Certificate Interest in respect of all Monthly Payments received 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 the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the aggregate amount of the Monthly Advances any Prepayment Interest Shortfalls and the of any Compensating Interest payment for such Distribution Date, to be made on the Determination Dateextent not covered by payments by the Servicer pursuant to Section 3.23;
(xvi) the amount to be distributed to the Interest Percentage for each Class P of Certificates, the amount of any Current Interest Shortfall and the amount of the distribution made to each Class BIO and Class R Certificateholders, respectively of Certificates pursuant to Section 4.02(e) for the such Distribution Date;
(xvii) the weighted average Cap Carryover Amounts distributed on such Distribution Date, the amounts remaining term after giving effect to maturity of the Mortgage Loans distributions thereof on such Distribution Date and the weighted average Loan Rate as amount of all Cap Carryover Amounts covered by withdrawals from the first day of the related Due Periodapplicable Reserve Account on such Distribution Date;
(xviii) the amount of all payments or reimbursements any Overcollateralization Deficiency after giving effect to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)distribution of principal on such Distribution Date;
(xix) whether a Trigger Event has occurred and is continuing, and the number of Mortgage Loans outstanding at the beginning and at the end cumulative Realized Losses, as a percentage of the related Due Periodoriginal Pool Balance;
(xx) the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool BalanceAvailable Funds;
(xxi) as the Pass-Through Rate for each Class of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)Certificates for such Distribution Date;
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit information contained in the First Payment Loan AccountLiquidation Report for such Distribution Date;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified purchased by the Servicer or the Depositor during the related Due Prepayment Period (as reported by and indicating the Servicer)section of this Agreement requiring or allowing the purchase of each such Mortgage Loan;
(xxiv) the amount aggregate Principal Balance of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from Mortgage Loans repurchased by the cap provider Depositor during the related Prepayment Period in connection with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such ClassSection 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 Penalty that was the subject of a Principal Prepayment in full during the related Collection Period, the Prepayment Penalty listed on deposit in each related Mortgage Note and the Net Rate Cap FundPrepayment Penalty collected, and the amounts Servicer Prepayment Penalty Payment Amount and the Originator Prepayment Penalty Payment Amount paid with respect to each such Mortgage Loan;
(xxvii) the amount of each deposit and withdrawal from any Yield Maintenance Agreement Payments for such AccountDistribution Date; and
(xxvixxviii) for each Prethe amount of Subsequent Recoveries received during the related Prepayment Period. Assistance in using the Securities Administrator's website can be obtained by calling the Securities Administrator's customer service desk at (301) 815-Funding Distribution Date, the remaining amount in the Pre-Funding Account6600. The Trustee Securities Administrator shall make available provide such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at informa▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on s that are unable to use the above distribution option by mailing to them via first class mail a paper copy of the Distribution DateDate 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 reports are distributed in order to make such distribution more convenient and/or more accessible to the parties, and the Securities Administrator shall provide timely and adequate notification to all parties regarding any such change. 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 (iii), (iii), (ivii) and (vixiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 1,000 original dollar amount as of the related Cut-Off Closing Date. The Trustee will make the Remittance Report (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way Remittance Reports 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto).
(b) Within a reasonable period of time after the end of each calendar year, the Trustee Securities Administrator shall furnish to each Person who at any time during the calendar year was a Holder 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 (iiii), (ii), (xiv) and (ivxvii) 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 make available forward to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders Certificateholder a copy of the reports forwarded to the Holders holder of the any Regular Certificates Certificate in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders Class R Certificateholder by the Trustee or Tax Matters Person Securities Administrator pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Wells Fargo Home Equity Asset-Backed Securities 2005-1 Trust)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireMaster Servicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date 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 “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Master Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period;
(vi) the Servicing Fee and the Trustee Fee (including the separate amounts payable with respect to each Loan Group, the related group balance at the Close of Business at the end of the Trustee and its Custodian)related Due Period;
(vii) the Pool Balance number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the close related Determination Date and the number and aggregate principal balance of business on the last day of all Subsequent Mortgage Loans added during the preceding Due Prepayment Period;
(viii) the Class Principal Balance 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 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 Class case as of Certificates after giving effect to payments allocated to principal abovethe Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date[reserved];
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred the total number and is continuing and cumulative principal balance of all REO Properties as of the calculation thereofClose of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) the aggregate amount of all Curtailments that were received Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the principal portion aggregate amount of all Monthly Payments received during extraordinary Trust Fund expenses withdrawn from the Due PeriodCollection Account for such Distribution Date;
(xiv) the interest portion Certificate Principal Balance of all Monthly Payments received each Class of Class A Certificates, each class of Mezzanine Certificates and the Class C Certificates, after giving effect to the distributions made on the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the amount Monthly Interest Distributable Amount in respect of the Monthly Advances each class of Class A Certificates, each class of Mezzanine Certificates and the Compensating Class C Certificates for such Distribution Date and the Unpaid Interest payment Shortfall Amount, if any, with respect to be made on the Determination Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount to be distributed of any Prepayment Interest Shortfalls for such Distribution Date, to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for extent not covered by payments by the Distribution DateMaster Servicer pursuant to Section 3.26;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due PeriodCredit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for each class of Class A Certificates and each class of Mezzanine Certificates, if any, for such Distribution Date and the amount of all payments or remaining unpaid after reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)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 each Class of Class A Certificates, each Class of Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Class A Certificates and each class of Mezzanine Certificates for the immediately succeeding Distribution Date;
(A) the amount of payments received related to claims under the PMI Policy during the related Prepayment Period (and the number of Mortgage Loans outstanding at the beginning to which such payments related) and at the end of the related Due Period;
(xxB) the cumulative amount of Liquidation Loan Losses experienced during payments received related to claims under the preceding Due Period PMI Policy since the Closing Date (and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool Balance;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans to which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forthsuch payments related);
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan Account;
(xxiiiA) the dollar amount of claims made under the PMI Policy that were denied during the Prepayment Period (and the number and aggregate Principal Balance of Mortgage Loans, other than 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 in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicerto which such denials related);
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap FundPre-Funding Accounts, the Interest Coverage Accounts and the amounts of each deposit and withdrawal from such Net WAC Rate Carryover Reserve Account; and
(xxvi) for each the distribution occurring on the Distribution Date immediately following the end of the Funding Period, the balance on deposit in the Group I Pre-Funding Distribution Date, Account and/or the remaining amount in the Group II Pre-Funding Account. The Trustee shall make available such report 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 Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report related Class A Certificates as a dollar amount for each Class for each $1 original dollar amount as mandatory distribution of the related Cut-Off principal, if any, on such Distribution Date. The Trustee will make the Remittance Report 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 parties to this Agreement Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “"▇▇▇.▇▇▇▇▇▇▇.▇▇▇”". Assistance in using the website can be obtained by calling the Trustee’s 's customer service desk at (▇▇▇301) ▇▇▇815-▇▇▇▇6600. Parties that are 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 Remittance Reports 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 '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 Remittance Report 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 heretothereto). 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 shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Holder 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 (iv) 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 make available forward to the NIMS Insurer and the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Option One Mortgage Accep Corp Asset Back Certs Ser 2003 5)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer Trustee shall deliver make available to each Certificateholder, the Trustee by electronic means Seller, and the Rating Agency, a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodstatement based, as applicable, and such other on loan-level information as the Trustee shall reasonably require, and the Seller hereby agrees to provide the Trustee obtained from and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare a statement (the “Remittance ReportDistribution Date Statement”) containing as to the information set forth below with respect distributions to be made or made, as applicable, on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds and the Certificate Rate for amount of the distribution made on such Distribution Date to the Holders of each Class for the related Distribution Dateof Certificates allocable to principal;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates on such Distribution Dateallocable to interest;
(iii) the amount of Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remainingfollowing Distribution Date;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in respect of principal Servicer during the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period and the amount of unreimbursed Advances;
(vi) the Servicing Fee and the Trustee Fee (including the separate amounts payable to each of the Trustee and its Custodian)[reserved];
(vii) the Pool Loan Group Balance and related Net WAC and Net WAC Cap for each Loan Group at the Close of Business at the end of the related Due Period;
(viii) for each Loan Group, the aggregate Principal Balance of the One-Month MTA Indexed Mortgage Loans at the Close of Business at the end of the related Due Period;
(ix) for each Loan Group, the aggregate Principal Balance of the One-Month LIBOR Indexed Mortgage Loans at the Close of Business at the end of the related Due Period;
(x) for each Loan Group, the aggregate Principal Balance of the COFI Indexed Mortgage Loans at the Close of Business at the end of the related Due Period;
(xi) for each Loan Group, the number, weighted average remaining term to maturity and weighted average Loan Rate of the related Mortgage Loans as of the related Due Date;
(xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal above;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and the calculation thereof;
(xi) the aggregate amount of Principal Prepayments received during the related Prepayment Period;
(xii) the amount of all Curtailments that were received during the Due Period;
(xiii) the principal portion of all Monthly Payments received during the Due Period;
(xiv) the interest portion of all Monthly Payments received on the Mortgage Loans during the Due Period;
(xv) the amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date;
(xvi) the amount to be distributed to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for the Distribution Date;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due Period;
(xviii) the amount of all payments or reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer);
(xix) the number of Mortgage Loans outstanding at the beginning and at the end of the related Due Period;
(xx) the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool Balance;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth);
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan Account;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer);
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off Date. The Trustee will make the Remittance Report (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way Remittance Reports 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto).
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was a Holder 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 (iii) and (iv) 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 make available to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2004-9)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireServicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Servicer, the Certificate Insurer and the Rating Agencies, a statement (as to the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds 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 Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period;
(vi) the Servicing Fee and Pool Balance at the Trustee Fee (including Close of Business at the separate amounts payable to each end of the Trustee and its Custodian)related Due Period;
(vii) the Pool Balance number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the close related Determination Date;
(viii) the number and aggregate unpaid principal balance of business 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 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 Due Period;
such Distribution Date and (viiiD) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal aboveREO Properties;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date[reserved];
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred the total number and is continuing and cumulative principal balance of all REO Properties as of the calculation thereofClose of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) the aggregate amount of all Curtailments that were received Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the principal portion aggregate amount of all Monthly Payments received during extraordinary Trust Fund expenses withdrawn from the Due PeriodCollection Account for such Distribution Date;
(xiv) the interest portion Certificate Principal Balance of all Monthly Payments received 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, separately identifying any reduction thereof due to the Mortgage Loans during receipt of an Insured Principal Payment (in the Due Periodcase of the Class A Certificates);
(xv) the amount Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, the Monthly Advances Class S Certificates, each Class of Mezzanine Certificates and the Compensating Class C Certificates for such Distribution Date and the Unpaid Interest payment Shortfall Amount, if any, with respect to be made on the Determination Class A Certificates, the Class S Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount to be distributed of any Prepayment Interest Shortfalls for such Distribution Date, to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for extent not covered by payments by the Distribution DateServicer pursuant to Section 3.26;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due PeriodCredit Enhancement Percentage for such Distribution Date;
(xviii) the amount of all payments or reimbursements any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)distribution of principal on such Distribution Date;
(xix) when the number of Mortgage Loans outstanding at the beginning and at the end of the related Due PeriodStepdown Date or a Trigger Event has occurred;
(xx) the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool BalanceAvailable Funds;
(xxi) as the respective Pass-Through Rates applicable to each Class of the end Class A Certificates, each Class of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; Mezzanine Certificates and the number Class C Certificates for such Distribution Date and Principal Balance the Pass- Through Rate applicable to each Class of Mortgage Loans which are REO Property, Class A Certificates and each separately set forth)Class of Mezzanine Certificates for the immediately succeeding Distribution Date;
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan Account;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer);
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining Insured Amount for each such Class;
(xxv) the amount on deposit in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) separately identifying any Insured Interest Payment and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off Date. The Trustee will make the Remittance Report (any Insured Principal Payment; and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way Remittance Reports 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto).
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was a Holder 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 (iii) and (iv) 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 make available to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Financial Assets Sec Corp First Franklin Mort Ln Tr 2002 Ffa)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireMaster Servicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Guarantor, the NIMS Insurer, the Master Servicer and the Rating Agencies, a statement (as to the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds 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 Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution to each Class of Certificates made on such Distribution Date;
(iii) Date to the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the amount of the distribution set forth in paragraph (i) above in respect of principal and the amount thereof in respect of the Class Principal Carryover Shortfall, and any remaining Class Principal Carryover Shortfall;
(v) the amount of Excess Interest paid as principal;
(vi) the Servicing Fee and the Trustee Fee (including the separate amounts payable to each of the Trustee and its Custodian);
(vii) the Pool Balance as of the close of business on the last day of the preceding Due Period;
(viii) the Class Principal Balance Holders of each Class of Regular Certificates after giving effect (other than the Class P Certificates) allocable to payments allocated to principal above;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Dateinterest, after giving effect to distributions of principal on such Distribution Date;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing separately identified and the calculation thereof;
(xiiii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount, 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 each Loan Group for the related Due Period;
(vi) the Principal Prepayments Balance of the Mortgage Loans in each Loan Group (after giving effect to the principal portion of Monthly Payments due during the related Due Period, to the extent received or advanced, and unscheduled collections of principal received during the related Prepayment Period);
(xiivii) as of the related Determination Date and with respect to each Loan Group, (A) the amount number of all Curtailments that were received during the Due Period;
Mortgage Loans, (xiiiB) the aggregate principal portion balance of all Monthly Payments received during the Due Period;
(xiv) the interest portion of all Monthly Payments received on the Mortgage Loans during the Due Period;
Loans, (xv) the amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date;
(xvi) the amount to be distributed to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for the Distribution Date;
(xviiC) the weighted average remaining term to maturity of the Mortgage Loans and (D) the weighted average Loan Mortgage Rate as of the first day of the most recently ended Due Period of the Mortgage Loans 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 in each Loan Group 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 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 130 on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) [reserved];
(x) 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 Period;
(xi) the aggregate amount of Principal Prepayments for each Loan Group made during the related Due Prepayment Period;
(xii) the aggregate amount of Realized Losses for each Loan Group incurred during the related Prepayment Period, the cumulative amount of Realized Losses for each Loan Group and the Three-Month Rolling Delinquency Percentage;
(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, each class of Mezzanine Certificates and the Class C Certificates and the Notional Amount of each Class of Class S Certificates, after giving effect to the distributions made on such Distribution Date;
(xv) the Monthly Interest Distributable Amount in respect of each class of Class A Certificates, the Class S Certificates, each Class of Mezzanine Certificates and the Class 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, each Class of Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount of any Prepayment Interest Shortfalls for each Loan Group 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 S Certificates and each Class of Mezzanine Certificates, if any, for such Distribution Date and the amount of all payments or remaining unpaid after reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)therefor on such Distribution Date;
(xix) the number Overcollateralization Target Amount, Overcollateralized Amount and any Overcollateralization Deficiency Amount after giving effect to the distribution of Mortgage Loans outstanding at the beginning and at the end of the related Due Periodprincipal on such Distribution Date;
(xx) when the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as Stepdown Date or a percentage of the Cut-Off Date Pool BalanceTrigger Event has occurred;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)Available Funds;
(xxii) the respective Pass-Through Rates applicable to each Class of Class A Certificates, each Class of Class S Certificates, each Class of Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Class A Certificates and each Class of Mezzanine Certificates for the immediately succeeding Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan AccountDate;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer);
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap FundPre-Funding Accounts immediately prior to the related Prepayment Period, the amount withdrawn therefrom during the related Prepayment Period and the amount remaining on deposit therein as of the end of the related Prepayment Period and as of such Distribution Date, the amount on deposit in, and the amounts withdrawn from and included in Available Funds, each Interest Coverage Account and the Net WAC Rate Carryover Reserve Account;
(xxiv) for the distribution occurring on the Distribution Date immediately following the end of each the 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 withdrawal from that is being distributed to the related Class A Certificates as a mandatory distribution of principal, if any, on such AccountDistribution Date;
(xxv) the Guarantee Fee to be paid to the Guarantor with respect to the Guaranteed Certificates for such Distribution Date;
(xxvi) such other information as the Guarantor may reasonably request in such format as reasonably requested by the Guarantor and any other information that is required by the Code and regulations thereunder to be made available to Certificateholders; and
(xxvixxvii) the Maximum Cap Rate for each Pre-Funding such Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off Date. ; The Trustee will make the Remittance Report such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders Certificateholders, the Guarantor, the NIMS Insurer and the parties to this Agreement Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “"▇▇▇.▇▇▇▇▇▇▇.▇▇▇”". Assistance in using the website can be obtained by calling the Trustee’s 's customer service desk at (▇▇▇301) ▇▇▇815-▇▇▇▇6600. Parties that are 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 Remittance Reports 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 '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 Remittance Report distribution 132 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 heretothereto). 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 shall, upon written request, furnish to the Guarantor, the NIMS Insurer and each Person who at any time during the calendar year was a Holder 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 (iv) 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 make available forward to the Class R Certificateholders in NIMS Insurer and the same manner as the Remittance Report is made available to all Residual Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and By not later than September 15, 2002, the Trustee shall furnish is required to the Depositor(i) confirm, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent such data is available in the Information Circular or from Banc of America Securities LLC, that the cash flows, weighted average lives, yields and credit enhancement default analysis for the Class A-1 Certificates and Class S-1 Certificates as presented in the Information Circular are correct therein based on the assumptions and principal and interest methodology described in the Information Circular and are consistent with the model developed by the Trustee for the calculations that the Trustee is required by law or to make hereunder and (ii) notify the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use Guarantor that the information therein for referred to in clause (i) above is consistent with the purpose of soliciting model developed by the customers of the Seller or for any other purpose except as set forth in this AgreementTrustee.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Option One Mortgage Loan Tr Asset Backed Cert Ser 2002-5)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, based on the Servicer shall deliver to Mortgage Loan information contained in the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due PeriodRemittance Report, as applicable, and such other information as the Trustee shall reasonably require, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and post on its website at www.ctslink.com, a statement (the “Remittance Report”"Distribution Date Statement") containing the information set forth below with respect as to ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ns made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal, separately identified and the Certificate Rate for each amount of the distribution made on such Distribution Date to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges, Originator Prepayment Charge Payment Amounts and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates on allocable to interest or Class CE Distributable Amount, separately identified;
(iii) the Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency and the Targeted Overcollateralization Amount as of such Distribution Date and the Monthly Excess Interest Amount and Monthly Excess Cashflow Amount for such Distribution Date;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in respect of principal and Master Servicer during the amount thereof in respect of the Class Principal Carryover Shortfall, and any remaining Class Principal Carryover Shortfallrelated Collection Period;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Collection Period, cumulative unreimbursed Advances and Servicing Advances and cumulative Nonrecoverable Advances;
(vi) the Servicing Fee and Pool Balance, at the Trustee Fee (including close of business at the separate amounts payable to each end of the Trustee and its Custodian)related Collection Period;
(vii) the Pool Balance number, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Due Date;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 to 59 days past due on a contractual basis, (b) 60 to 89 days past due on a contractual basis, (c) 90 or more days past due on a contractual basis, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy as of the close of business on the last day of the calendar month preceding Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal abovesuch Distribution Date;
(ix) with respect to any Mortgage Loan that became an REO Property during the Overcollateralization Amount and preceding calendar month, the Required Overcollateralization Amount loan number of such Mortgage Loan, the unpaid Principal Balance of the REO Property as of the close of business on the Distribution Date, after giving effect to distributions last Business Day of principal on such Distribution Datecalendar month and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred 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 is continuing and cumulative principal balance of all REO Properties as of the calculation thereofclose of business of the last day of the preceding Collection Period;
(xi) separately stated for each Loan Group, the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) separately stated for each Loan Group, the aggregate amount of all Curtailments that were received Realized Losses incurred during the Due Periodrelated Collection Period and the cumulative amount of Realized Losses;
(xiii) the principal portion Certificate Principal Balance of all Monthly Payments received during each Class of Certificates, after giving effect to the Due Perioddistributions, 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 interest portion Accrued Certificate Interest in respect of all Monthly Payments received 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 the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the Monthly Advances and extent not covered by payments by the Compensating Interest payment Master Servicer pursuant to be made on the Determination DateSection 3.23;
(xvi) the amount to be distributed to of the Class P Certificates, Class BIO and Class R Certificateholders, respectively for the Distribution DateTrustee Fee paid;
(xvii) the weighted average Cap Carryover Amounts distributed on such Distribution Date, the amounts remaining term after giving effect to maturity of the Mortgage Loans distributions thereof on such Distribution Date and the weighted average Loan Rate as amount of all Cap Carryover Amounts covered by withdrawals from the first day of the related Due PeriodClass A-2 Reserve Account and Class M Reserve Account on such Distribution Date;
(xviii) the amount of all payments or reimbursements any Overcollateralization Deficiency after giving effect to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)distribution of principal on such Distribution Date;
(xix) whether a Trigger Event has occurred and is continuing, and the number of Mortgage Loans outstanding at the beginning and at the end cumulative Realized Losses, as a percentage of the related Due Periodoriginal Pool Balance;
(xx) the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool BalanceAvailable Funds;
(xxi) as the rate at which interest accrues for each Class of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)Certificates for such Distribution Date;
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit information contained in the First Payment Loan AccountLiquidation Report for such Distribution Date;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified purchased by the Servicer Master Servicer, the Originator or the Seller during the related Due Prepayment Period (as reported by and indicating the Servicer)section of this Agreement requiring or allowing the purchase of each such Mortgage Loan;
(xxiv) the amount aggregate Principal Balance of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from Mortgage Loans repurchased by the cap provider Master Servicer during the related Prepayment Period in connection with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such ClassSection 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 deposit in each related Mortgage Note and the Net Rate Cap 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 amounts Mortgage Insurance Policy during the related Collection Period and the amount of each deposit and withdrawal from such Accountany 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
(xxvixxviii) for each Pre-Funding Distribution Date, the remaining amount in of Subsequent Recoveries received during the Pre-Funding Account. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Daterelated Prepayment Period. The Trustee 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 the case of information furnished pursuant to subclauses (iii), (iii), (ivii) and (vixiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 1,000 original dollar amount as of the related Cut-Off off Date. The Trustee will make the Remittance Report (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way Remittance Reports 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto).
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Holder 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 (iiii), (ii), (xiv) and (ivxvii) 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 make available forward to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders Certificateholder a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders Class R Certificateholder by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Two Business Day Days prior to each the Auction Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee by electronic means 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 computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodstatement based, as applicable, and such other on loan-level information as provided to it by the Trustee shall reasonably require, Master Servicer and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare a statement Servicers (the “Remittance Report”"DISTRIBUTION DATE STATEMENT") containing as to the information set forth below with respect distributions to be made or made, as applicable, on such Distribution Date, which information . Information in the Distribution Date Statement relating to or based on amounts available in the Yield Maintenance Account shall be based solely upon the loan level on information furnished provided by the Servicer upon which Yield Maintenance Counterparty regarding any Yield Maintenance Amount required to be paid by the Trustee Yield Maintenance Counterparty for the related Distribution Date pursuant to the Yield Maintenance Agreement. The Distribution Date Statement shall conclusively rely without independent verification thereofinclude the following:
(i) Available Funds and the Certificate Rate for amount of the distribution made on such Distribution Date to the Holders of each Class for the related Distribution Dateof Certificates allocable to principal;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates on such Distribution Dateallocable to interest;
(iii) the amount of Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage for the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remainingfollowing Distribution Date;
(iv) the aggregate amount of servicing compensation received by each Servicer during the distribution set forth in paragraph (i) above in respect of principal and the amount thereof in respect of the Class Principal Carryover Shortfall, and any remaining Class Principal Carryover Shortfallrelated Due Period;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period and the amount of unreimbursed Advances;
(vi) the Servicing Fee number of Mortgage Loans, the Pool Balance and the Trustee Fee (including Net WAC at the separate amounts payable to each Close of Business at the end of the Trustee and its Custodian)related Due Period;
(vii) the Pool aggregate Principal Balance of the One-Year CMT Indexed Mortgage Loans and Three-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 aggregate amount of Servicer Fees paid to or retained by the Servicers;
(xi) 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;
(xii) the number, weighted average remaining term to maturity, weighted average life and weighted average Loan Rate of the Mortgage Loans as of the related Due Date;
(xiii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate using the "MBA" method, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month;
(xiv) the rolling six-month delinquency rate for that Distribution Date;
(xv) the total number and cumulative principal balance of all REO Properties as of the Close of Business of the last day of the preceding Due Period;
(viiixvi) the aggregate amount of Principal Prepayments and Prepayment Penalty Amounts made during the related Prepayment Period;
(xvii) the aggregate amount of Realized Losses and Recoveries incurred during the related Due Period and the cumulative amount of Realized Losses and Recoveries as of such Distribution Date;
(xviii) the Realized Losses and Recoveries, if any, allocated to each Class of Certificates on the related Distribution Date;
(xix) the Class Certificate Principal Balance or Class Certificate Notional Balance, as applicable, of each Class of Certificates after giving effect to payments allocated to principal above;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Dateany distributions made thereon, after giving effect to distributions of principal on such Distribution Date;
(xxx) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing the Interest Distributable Amount in respect of each Class of Certificates, for such Distribution Date and the calculation respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date;
(xixxi) the aggregate amount of Principal Prepayments received during the related Prepayment Period;
(xii) the amount of all Curtailments that were received during the Due Period;
(xiii) the principal portion of all Monthly Payments received during the Due Period;
(xiv) the interest portion of all Monthly Payments received on the Mortgage Loans during the Due Period;
(xv) the amount of the Monthly Advances any Net Interest Shortfalls and the Compensating Unpaid Interest payment to be made on the Determination Date;
(xvi) the amount to be distributed to the Class P Certificates, Class BIO and Class R Certificateholders, respectively Shortfall Amount for the such Distribution Date;
(xviixxii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due Period;
(xviii) the amount of all payments or reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer);
(xix) the number of Mortgage Loans outstanding at the beginning and at the end of the related Due Period;
(xx) the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool Balance;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth);
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan AccountAvailable Funds;
(xxiii) the number and aggregate Principal Balance Pass-Through Rate for each Class of Mortgage LoansCertificates for such Distribution Date and, other than Mortgage Loans in default or imminent defaultthrough the Auction Distribution Date, that were modified by the Servicer during level of LIBOR used to determine the related Due Period (as reported by the Servicer)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;
(A) the amount of Net Rate Cap Carryover distributed paid to each the Class of Offered A-1 and Class A-2 Certificates from the Yield Maintenance Amount received from the Yield Maintenance Counterparty for such period, expressed as a per annum rate and as a dollar amount, (other than B) the amount paid to the Class A-IO Certificates), stating separately X Certificates from any amounts excess Yield Maintenance Amount received from under the cap provider with respect to the Interest Rate Cap Agreements, Yield Maintenance Agreement expressed as a per annum rate and the as a dollar amount of Net Rate Cap Carryover remaining for each such Class;
and (xxvC) the amount on deposit in Yield Maintenance Amount and applicable strike rate under the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from Yield Maintenance Agreement for such AccountDistribution Date; and
(xxvi) for each Pre-Funding on the Auction Distribution Date, the remaining amount Par Price (as defined in the Pre-Funding Account. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇Auction Administration Agreement) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount of Auction Certificates as of the related Cut-Off Date. The Trustee will make the Remittance Report (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way Remittance Reports are distributed in order to make such distribution more convenient and/or more accessible reported 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto).
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was a Holder 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 (iii) and (iv) 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 Master Servicer by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to timeSecurities Administrator.
(c) On each Distribution Date, the Trustee shall make available to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2006-5)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, based on the Servicer shall deliver to Mortgage Loan information contained in the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due PeriodRemittance Report, as applicable, and such other information as the Trustee shall reasonably require, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available to each Holder of the Regular Certificates and the NIM Insurer, a statement (the “Remittance Report”"Distribution Date Statement") containing on its Internet website as to the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereofDate setting forth:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal, separately identified and the Certificate Rate for each amount of the distribution made on such Distribution Date to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates on allocable to interest or Class CE Distributable Amount, separately identified;
(iii) the Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency and the Targeted Overcollateralization Amount as of such Distribution Date and the Monthly Excess Interest Amount and Monthly Excess Cashflow Amount for such Distribution Date;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of Servicing Fees received by the distribution set forth in paragraph (i) above in respect of principal and Servicer during the amount thereof in respect of the Class Principal Carryover Shortfall, and any remaining Class Principal Carryover Shortfallrelated Collection Period;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Collection Period, cumulative unreimbursed Advances and Servicing Advances and cumulative Nonrecoverable Advances;
(vi) the Servicing Fee and Pool Balance, at the Trustee Fee (including close of business at the separate amounts payable to each end of the Trustee and its Custodian)related Collection Period;
(vii) the Pool number, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Due Date;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 to 59 days past due on a contractual basis, (b) 60 to 89 days past due on a contractual basis, (c) 90 or more days past due on a contractual basis, in each case as of the last day of the preceding calendar month (d) as to which foreclosure proceedings have been commenced and (e) with respect to which the related Mortgagor has filed for protection under applicable bankruptcy laws, with respect to whom bankruptcy proceedings are pending or with respect to whom bankruptcy protection is in force;
(ix) with respect to any Mortgage Loan that became an REO Property during the preceding calendar 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 day Business Day of such calendar month and the Principal Balance of such Mortgage Loan as of the preceding Due Perioddate it became an REO Property;
(viiix) the Class Principal Balance book value of each Class of Certificates after giving effect to payments allocated to principal above;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount any REO Property as of the close of business on the last Business Day of the calendar month preceding the Distribution Date, after giving effect to distributions and, cumulatively, the total number and cumulative principal balance of principal on such Distribution Date;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and all REO Properties as of the calculation thereofclose of business of the last day of the preceding Collection Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) the aggregate amount of all Curtailments that were received Realized Losses incurred during the Due Periodrelated Collection Period and the cumulative amount of Realized Losses;
(xiii) the principal portion Certificate Principal Balance of all Monthly Payments received during each Class of Certificates, after giving effect to the Due Perioddistributions, 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 interest portion Accrued Certificate Interest in respect of all Monthly Payments received each Class of Certificates for such Distribution Date and any related Cap Carryover Amounts in the case of the Class A-1A Certificates, and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the Monthly Advances and extent not covered by payments by the Compensating Interest payment Servicer pursuant to be made on the Determination DateSection 3.23;
(xvi) the amount to be distributed to of the Class P Certificates, Class BIO and Class R Certificateholders, respectively for the Distribution DateTrustee Fee paid;
(xvii) the weighted average Cap Carryover Amounts on the Class A-1A Certificates distributed on such Distribution Date, the amounts remaining term after giving effect to maturity of the Mortgage Loans distributions thereof on such Distribution Date and the weighted average Loan Rate as amount of all Cap Carryover Amounts on the first day of Class A-1A Certificates covered by withdrawals from the related Due PeriodReserve Account on such Distribution Date;
(xviii) the amount of all payments or reimbursements any Overcollateralization Deficiency after giving effect to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)distribution of principal on such Distribution Date;
(xix) whether a Trigger Event has occurred and is continuing, and the number of Mortgage Loans outstanding at the beginning and at the end cumulative Realized Losses, as a percentage of the related Due Periodoriginal Pool Balance;
(xx) the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool BalanceAvailable Funds;
(xxi) as the rate at which interest accrues for each Class of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)Certificates for such Distribution Date;
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit information contained in the First Payment Loan AccountLiquidation Report for such Distribution Date;
(xxiii) the number and aggregate Principal Balance of Mortgage LoansLoans purchased by the Servicer, other than 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 aggregate Principal Balance of the Mortgage Loans in default or imminent default, that were modified repurchased by the Servicer during the related Due Prepayment Period (as reported by the Servicer);
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider in connection with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such ClassSection 3.16;
(xxv) the amount 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 the Net Rate Cap Fund, each related Mortgage Note and the amounts Prepayment Charge collected or the Servicer Prepayment Charge Payment Amount paid by the Servicer with respect to each such Mortgage Loan;
(xxvi) the amount of each deposit and withdrawal from such AccountSubsequent Recoveries received during the related Prepayment Period;
(xxvii) the amount of Prepayment Interest Excess retained by the Servicer for the related Prepayment Period; and
(xxvixxviii) for each Pre-Funding Distribution Date, the remaining aggregate amount in the Pre-Funding Account. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Dateof Relief Act Interest Shortfalls. 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 (iii), (iii), (ivii) and (vixiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 1,000 original dollar amount as of the related Cut-Off off Date. The Trustee will shall make the Remittance Report such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders the Certificateholders, the NIMS Insurer, the Servicer and the parties to this Agreement Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇”https://www.tss.db.com/invr. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-ob▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ee's investor relations desk at (800) 735-7777. Parties that are unable to use the above distribution options are entitled ▇▇▇▇▇▇▇ ▇▇▇ ▇▇titled to have a paper copy mailed to them via first class mail by calling the customer service investor relations desk and indicating such. The Trustee shall have the right to change the way Remittance Reports 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto).
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Holder 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 (iiii), (ii) and (ivvi) 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 make available to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders Certificateholder a copy of the reports forwarded made available to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders Class R Certificateholder by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(ed) The Servicer Trustee shall, upon request, furnish to each Certificateholder or Certificate Owner and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing)NIMS Insurer, during the term of this Agreement, such periodic, special special, or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or Certificate Owner, or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and at the expense of the Certificateholder or Certificate Owner in accordance with such applicable reasonable and explicit instructions and directions (if requested in writing) as the Certificateholder or Certificate Owner may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainableprovide.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (ABFC 2005-Aq1 Trust)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as the Trustee shall reasonably require, and the Seller hereby agrees provided to provide the Trustee and it by the Servicer with an amended Prepayment Charge Schedulepursuant to Sections 3.19 and 4.04, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Servicer and the Rating Agencies, a statement (as to the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, Date which information shall be based solely upon include the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereoffollowing information:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period;
(vi) the Servicing Fee and Pool Balance at the Trustee Fee (including Close of Business at the separate amounts payable to each end of the Trustee and its Custodian)related Due Period;
(vii) the Pool Balance number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the close related Determination Date;
(viii) the number and aggregate unpaid Stated Principal Balance of business 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 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 Due Period;
such Distribution Date and (viiiD) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal aboveREO Properties;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date[Reserved];
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred the total number and is continuing and cumulative Stated Principal Balance of all REO Properties as of the calculation thereofClose of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) the aggregate amount of all Curtailments that were Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses since the Closing Date and the aggregate amount of Subsequent Recoveries received during the Due Periodrelated Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date;
(xiii) the principal portion aggregate amount of all Monthly Payments received during extraordinary Trust Fund expenses withdrawn from the Due PeriodCollection Account for such Distribution Date;
(xiv) the interest portion Certificate Principal Balance of all Monthly Payments received the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates, after giving effect to the distributions made on the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the amount Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, each Class of Mezzanine Certificates, the Monthly Advances Class B Certificates and the Compensating Class C Certificates for such Distribution Date and the Unpaid Interest payment Shortfall Amount, if any, with respect to be made on the Determination Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount to be distributed to the Class P Certificates, Class BIO and Class R Certificateholders, respectively of any Net Prepayment Interest Shortfalls for the such Distribution Date;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due PeriodCredit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for each Class of Class A Certificates, each Class of Mezzanine Certificates and the Class B Certificates, if any, for such Distribution Date and the amount of all payments or remaining unpaid after reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the number distribution of Mortgage Loans outstanding at the beginning and at the end of the related Due Periodprincipal on such Distribution Date;
(xx) when the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as Stepdown Date or a percentage of the Cut-Off Date Pool BalanceTrigger Event has occurred;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)Available Funds;
(xxii) the respective Pass-Through Rates applicable to each Class of Class A Certificates, each Class of Mezzanine Certificates, the Class B Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class 103 of Class A Certificates and each Class of Mezzanine Certificates for the immediately succeeding Distribution Date in April 2004 and May 2004, the amountDate; and
(xxiii) payments, if any, on deposit in made under the First Payment Loan Account;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer);
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off DateContract. The Trustee will make the Remittance Report such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement Rating Agencies via the Trustee’s internet website. The Trustee’s 's internet website shall initially to be located at “"▇▇▇.▇▇▇▇▇▇▇.▇▇▇”". Assistance in using the website can be obtained by calling the Trustee’s 's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are 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 Remittance Reports 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 '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 Remittance Report 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 heretothereto). 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 shall, upon written request, furnish to each Person who at any time during the calendar year was a Holder 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 (iv) 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 make available to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Residual Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 104 be prepared by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Financial Asset Sec Corp First Frank Mort Loan Tr 2004-Ffh1)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireServicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Servicer and the Rating Agencies, a statement (as to the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period;
(vi) the Servicing Fee and Pool Balance at the Trustee Fee (including Close of Business at the separate amounts payable to each end of the Trustee and its Custodian)related Due Period;
(vii) the Pool Balance number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the close related Determination Date and the number and aggregate principal balance of business on the last day of all Subsequent Mortgage Loans added during the preceding Due Prepayment Period;
(viii) the Class Principal Balance 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 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 Class case as of Certificates after giving effect to payments allocated to principal abovethe Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date[reserved];
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred the total number and is continuing and cumulative principal balance of all REO Properties as of the calculation thereofClose of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) the aggregate amount of all Curtailments that were received Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the principal portion aggregate amount of all Monthly Payments received during extraordinary Trust Fund expenses withdrawn from the Due PeriodCollection Account for such Distribution Date;
(xiv) the interest portion Certificate Principal Balance of all Monthly Payments received the Class A Certificates, the Mezzanine Certificates and the Class C Certificates, after giving effect to the distributions made on the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the amount Monthly Interest Distributable Amount in respect of the Monthly Advances each Class of Class A Certificates, each Class of Mezzanine Certificates and the Compensating Class C Certificates for such Distribution Date and the Unpaid Interest payment Shortfall Amount, if any, with respect to be made on the Determination Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount to be distributed of any Prepayment Interest Shortfalls for such Distribution Date, to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for extent not covered by payments by the Distribution DateServicer pursuant to Section 3.26;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due PeriodCredit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for each Class of Class A Certificates and each Class of Mezzanine Certificates, if any, for such Distribution Date and the amount of all payments or remaining unpaid after reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)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 each Class of Class A Certificates, each Class of Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass- Through Rate applicable to each Class of Class A Certificates and each Class of Mezzanine Certificates for the immediately succeeding Distribution Date;
(A) the amount of payments received related to claims under the PMI Policy during the related Prepayment Period (and the number of Mortgage Loans outstanding at the beginning to which such payments related) and at the end of the related Due Period;
(xxB) the cumulative amount of Liquidation Loan Losses experienced during payments received related to claims under the preceding Due Period PMI Policy since the Closing Date (and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool Balance;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans to which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forthsuch payments related);
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan Account;
(xxiiiA) the dollar amount of claims made under the PMI Policy that were denied during the Prepayment Period (and the number and aggregate Principal Balance of Mortgage Loans, other than 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 in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicerto which such denials related);
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap FundDividend 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 amounts 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 each the Dividend Account Certificate on such Distribution Date);
(xxvi) the amount on deposit in the Pre-Funding Accounts and withdrawal from such the Net WAC Rate Carryover Reserve Account; and
(xxvixxvii) for each the distribution occurring on the Distribution Date immediately following the end of the Funding Period, the balance on deposit in the Group I Pre-Funding Distribution Date, Account and/or the remaining amount in the Group II Pre-Funding Account. The Trustee shall make available such report 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 Servicerrelated Class A Certificates as a mandatory distribution of principal, the Sellerif any, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the such Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by ; and
(xxviii) payments, if any, made under the Servicer. In the case of information furnished pursuant to subclauses (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off DateCap Contracts. The Trustee will make the Remittance Report such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “"▇▇▇.▇▇▇▇▇▇▇.▇▇▇”". Assistance in using the website can be obtained by calling the Trustee’s 's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are 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 Remittance Reports 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 '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 Remittance Report 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 heretothereto). 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 shall, upon written request, furnish to each Person who at any time during the calendar year was a Holder 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 (iv) 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 make available to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Residual Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Financial Asset Secs Corp First Franklin Mort Ln Tr 2002-Ff4)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Two Business Day Days prior to each Distribution the applicable Auction Payment Date, the Servicer Securities Administrator shall deliver make available to the Trustee by electronic means 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 computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodstatement based, as applicable, and such other on loan-level information as provided to it by the Trustee shall reasonably require, Master Servicer and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare a statement Servicers (the “Remittance ReportPayment Date Statement”) containing as to the information set forth below with respect payments to be made or made, as applicable, on such Distribution Payment Date, which information . Information in the Payment Date Statement relating to or based on amounts to be received under the Yield Maintenance Agreements shall be based solely upon the loan level on information furnished provided by the Servicer upon which Yield Maintenance Counterparty regarding any Yield Maintenance Amounts required to be paid by the Trustee Yield Maintenance Counterparty for the related Payment Date pursuant to the Yield Maintenance Agreements. The Payment Date Statement shall conclusively rely without independent verification thereofinclude the following:
(i) Available Funds and the Certificate Rate for amount of the payment made on such Payment Date to the Holders of each Class for the related Distribution Dateof Notes allocable to principal;
(ii) the aggregate amount of the distribution payment made on such Payment Date to the Holders of each Class of Certificates on such Distribution DateNotes allocable to interest;
(iii) the amount of Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Mortgage Loan Group for the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remainingfollowing Payment Date;
(iv) the aggregate amount of Advances for the distribution set forth in paragraph (i) above in respect of principal related Due Period and the amount thereof in respect of the Class Principal Carryover Shortfall, and any remaining Class Principal Carryover Shortfallunreimbursed Advances;
(v) each Mortgage Loan Group Balance and related Available Funds Cap for each Mortgage Loan Group at the amount Close of Excess Interest paid as principalBusiness at the end of the related Due Period;
(vi) [the Servicing Fee and the Trustee Fee (including the separate amounts payable to each aggregate Principal Balance of the Trustee 1-Year CMT Indexed Mortgage Loans and its Custodian)3-Year CMT Indexed Mortgage Loans at the Close of Business at the end of the related Due Period;
(vii) the Pool 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, weighted average remaining term to maturity, weighted average life and weighted average Mortgage Rate of the related Mortgage Loans as of the related Due Date;
(xiii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Mortgage Loan Group, using the “MBA” method (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month;
(xiv) the rolling six-month delinquency rate for that Payment Date;
(xv) 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 Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal above;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and the calculation thereof;
(xixvi) the aggregate amount of Principal Prepayments received and Prepayment Penalty Amounts with respect to each Mortgage Loan Group made during the related Prepayment Period;
(xii) the amount of all Curtailments that were received during the Due Period;
(xiii) the principal portion of all Monthly Payments received during the Due Period;
(xiv) the interest portion of all Monthly Payments received on the Mortgage Loans during the Due Period;
(xv) the amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date;
(xvi) the amount to be distributed to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for the Distribution Date;
(xvii) the weighted average remaining term to maturity aggregate amount of the Realized Losses for each Mortgage Loans Loan Group and the weighted average Loan Rate as of the first day of Subsequent Recoveries incurred during the related Due PeriodPeriod and the cumulative amount of Realized Losses and Subsequent Recoveries as of such Payment Date;
(xviii) the cumulative amount of all payments or reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)Realized Losses for each Mortgage Loan Group;
(xix) the Realized Losses and Subsequent Recoveries, if any, allocated to each Class of Notes on the related Payment Date;
(xx) the Class Principal Amount of each Class of Notes after giving effect to any distributions made thereon, on such Payment Date;
(xxi) the Current 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 amount of Deferred Interest and Net Deferred Interest with respect to the Group [ ] 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 outstanding in the aggregate and the aggregate Scheduled Principal Balance in the aggregate and separately for the Group [ ] Mortgage Loans, in each case at the beginning and close of business at the end of the related Due Period;
(xxxxx) the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool Balance;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth);
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, remaining on deposit in the First Payment Loan Account;Reserve Fund; and
(xxiiixxxi) [the number and aggregate Principal Balance of Mortgage Loansamount, other than Mortgage Loans in default or imminent defaultif any, that were modified by the Servicer during the related Due Period (as reported by the Servicer);
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;
(xxv) the amount on deposit in the Net Rate Cap FundGroup [ ] Final Maturity Reserve Account.] The Securities Administrator will make the Payment Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Securityholders and the 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 above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such reports are distributed in order to make such distribution more convenient and/or more accessible to the parties, and the amounts of each deposit Securities Administrator shall provide timely and withdrawal from adequate notification to all parties regarding any such Account; and
(xxvi) for each Pre-Funding Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicerchange. In the case of information furnished pursuant to subclauses (ii), (iii), (ivi) and (viii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 1,000 original dollar amount as of the related Cut-Off Date. The Trustee will make the Remittance Report (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way Remittance Reports 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto).
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall Securities Administrator shall, upon written request, furnish to each Person who at any time during the calendar year was a Holder 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 (iiii) and (ivii) 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 make available supply an electronic tape to the Class R Certificateholders Bloomberg Financial Markets, Inc. in the same manner as the Remittance Report is made available a format acceptable to all Certificateholders Bloomberg Financial Markets, Inc. on a copy of the reports forwarded to the Holders of the Regular Certificates in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary naturemonthly basis, and shall not be copied or distributed except supply an electronic tape to the extent required by law or Loan Performance and Intex Solutions in a format acceptable to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this AgreementLoan Performance and Intex Solutions on a monthly basis.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Thornburg Mortgage Securities Corp)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireMaster Servicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Master Servicer and the Rating Agencies, and forward by mail to the Certificate Insurer, a statement (as to the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Class A Certificates, separately identified, allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Premiums;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Class A Certificates on 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 for each Class of Class A Certificates and the Excess Spread for each related Loan Group for such Distribution Date;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Master Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period;
(vi) the Servicing Fee Pool Principal Balance and the Trustee Fee (including Loan Group Balance for each Loan Group at the separate amounts payable to each Close of Business at the end of the Trustee and its Custodian)related Due Period;
(vii) the Pool Balance 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) separately stated for each Loan Group, 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 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 Due Period;
such Distribution Date and (viiiD) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal aboveREO Properties;
(ix) with respect to any Mortgage Loan that became an REO Property during the Overcollateralization Amount preceding Prepayment Period, the loan number of such Mortgage Loan, the unpaid principal balance and the Required Overcollateralization Amount Principal Balance of such Mortgage Loan as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Datedate it became an REO Property;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred the book value of any REO Property as of the Close of Business on the last Business Day of the Prepayment Period preceding the Distribution Date, and, cumulatively, the total number and is continuing and cumulative principal balance of all REO Properties as of the calculation thereofClose of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) the aggregate amount of all Curtailments that were received Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the principal portion aggregate amount of all Monthly Payments received during extraordinary Trust Fund expenses withdrawn from the Due PeriodCollection Account for such Distribution Date;
(xiv) the interest portion Class Certificate Principal Balance of all Monthly Payments received each Class of Class A Certificates, after giving effect to the distributions made on the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the amount Interest Distributable Amount in respect of the Monthly Advances each Class of Class A Certificates for such Distribution Date and the Compensating Interest payment to be respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on the Determination such Distribution Date;
(xvi) the aggregate amount to be distributed of any Prepayment Interest Shortfalls and the Unpaid Interest Shortfall Amount for such Distribution Date, to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for extent not covered by payments by the Distribution DateMaster Servicer pursuant to Section 3.26;
(xvii) the weighted average remaining term aggregate Premium Amount to maturity of be paid to the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due PeriodCertificate Insurer;
(xviii) the Group III Net WAC Cap Carryover Amount, if any, for such Distribution Date and the amount of all payments or remaining unpaid after reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)therefor on such Distribution Date;
(xix) any Overcollateralization Deficiency Amount after giving effect to the number distribution of Mortgage Loans outstanding at the beginning and at the end of the related Due Periodprincipal on such Distribution Date;
(xx) whether the amount of Liquidation Loan Losses experienced during the preceding Due Period Step Up Cumulative Loss Test and/or Step Up Spread Squeeze Test have been met and the Cumulative Net Losses cumulative realized losses with respect to each Loan Group, as a percentage of the Cut-Off Date Pool original Loan Group Balance;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, Available Funds with respect to each separately set forth)Loan Group;
(xxii) the Pass-Through Rate for the Class A-8 Certificates for such Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan AccountDate;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period Liquidation Report (as reported by the Servicer)see Exhibit M) for such Distribution Date;
(xxiv) the amount aggregate Principal Balance of Net Rate Cap Carryover distributed to each Class Mortgage Loans purchased by the Master Servicer or Seller during the related Prepayment Period and indicating the Section of Offered Certificates (other than this Agreement requiring or allowing the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount purchase of Net Rate Cap Carryover remaining for each such ClassMortgage 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 Net Rate Cap Fund, Pre-Funding Accounts and the amounts of each deposit and withdrawal from such AccountInterest Coverage Accounts; and
(xxvixxvii) for each the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the related Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans and that is being distributed to the related Classes of Class A Certificates as a mandatory prepayment of principal, if any, on such Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report concurrently with each distribution to the Servicer, the Seller, the Certificateholders, Certificateholders and the Rating Agencies, Bloomberg (and forward it to the Certificate Insurer on the related Distribution Date. The Trustee may also make such reports available each month to each party referred to in this paragraph via the Trustee's website, electronic bulletin board and its fax-on- demand service. The Trustee's website can be accessed at ▇▇"http://www.ctslink.com". The Trustee'▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ board may be accessed by calling (301) 815-6620, Attention: and its fax-on-deman▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ be accessed by calling (301) on the Distribution Date815-6610. The Trustee may fully rely upon and full▇ ▇▇▇▇ ▇▇▇▇ ▇▇d shall have no liability with respect to information provided by the Master Servicer. In the case of information furnished pursuant to subclauses (ii), i) through (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 1,000 original dollar amount as of the related Cut-Off off Date. The Trustee will make the Remittance Report (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way Remittance Reports 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto).
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall shall, upon written request, furnish to each Person who at any time during the calendar year was a Holder 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 (iv) 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 make available forward to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Opt One Mort Accept Corp Loan Tr Asset Bk Cert Ser 1999-2)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, based on the Servicer shall deliver to Mortgage Loan information contained in the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due PeriodRemittance Report, as applicable, and such other information as the Trustee shall reasonably require, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and post on its website at w▇▇.▇▇▇▇▇▇▇.▇▇▇, a statement (the “Remittance ReportDistribution Date Statement”) containing as to the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal, separately identified and the Certificate Rate for each amount of the distribution made on such Distribution Date to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges, Originator Prepayment Charge Payment Amounts and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates on allocable to interest or Class CE Distributable Amount, separately identified;
(iii) the Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency and the Targeted Overcollateralization Amount as of such Distribution Date and the Monthly Excess Interest Amount and Monthly Excess Cashflow Amount for such Distribution Date;
(iiiiv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in respect of interest and Servicer during the amount thereof in respect of any Class Interest Carryover Shortfall, related Collection Period and the amount of any Class Compensating Interest Carryover Shortfall remaining;
(iv) paid by the amount of the distribution set forth in paragraph (i) above in respect of principal and the amount thereof in respect of the Class Principal Carryover Shortfall, and any remaining Class Principal Carryover ShortfallServicer;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Collection Period, cumulative unreimbursed Advances and Servicing Advances and cumulative Nonrecoverable Advances;
(vi) the Servicing Fee and Pool Balance, at the Trustee Fee (including close of business at the separate amounts payable to each end of the Trustee and its Custodian)related Collection Period;
(vii) the Pool Balance number, weighted average remaining term to maturity and the weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Due Date;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 to 59 days past due on a contractual basis, (b) 60 to 89 days past due on a contractual basis, (c) 90 or more days past due on a contractual basis, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy as of the close of business on the last day of the calendar month preceding Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal abovesuch Distribution Date;
(ix) with respect to any Mortgage Loan that became an REO Property during the Overcollateralization Amount and preceding calendar month, the Required Overcollateralization Amount loan number of such Mortgage Loan, the unpaid Principal Balance of the REO Property as of the close of business on the Distribution Date, after giving effect to distributions last Business Day of principal on such Distribution Datecalendar month and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred 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 is continuing and cumulative principal balance of all REO Properties as of the calculation thereofclose of business of the last day of the preceding Collection Period;
(xi) separately stated for each Loan Group, the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) separately stated for each Loan Group, the aggregate amount of all Curtailments that were received Realized Losses incurred during the Due Periodrelated Collection Period and the cumulative amount of Realized Losses;
(xiii) the principal portion Certificate Principal Balance of all Monthly Payments received during each Class of Certificates, after giving effect to the Due Perioddistributions, 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 interest portion Accrued Certificate Interest in respect of all Monthly Payments received 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 the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the Monthly Advances and extent not covered by payments by the Compensating Interest payment Servicer pursuant to be made on the Determination DateSection 3.23;
(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 to be distributed to of all Cap Carryover Amounts covered by withdrawals from the Class P Certificates, Class BIO and Class R Certificateholders, respectively for Swap Account or the Cap Carryover Reserve Account on such Distribution Date;
(xvii) any Overcollateralization Deficiency after giving effect to the weighted average remaining term to maturity distribution of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due Periodprincipal on such Distribution Date;
(xviii) whether a Trigger Event has occurred and is continuing, and the amount cumulative Realized Losses, as a percentage of all payments or reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)original Pool Balance;
(xix) the number of Mortgage Loans outstanding at the beginning and at the end of the related Due PeriodAvailable Funds;
(xx) the amount rate at which interest accrues for each Class of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool BalanceCertificates for such Distribution Date;
(xxi) as of the end of information contained in the preceding calendar month, Liquidation Report for such Distribution Date;
(xxii) the number and aggregate Principal Balance of Mortgage Loans which are 30-59 days delinquent; purchased by the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth);
(xxii) for the Distribution Date in April 2004 and May 2004Servicer, the amountOriginator, if anythe Seller or a Purchasing Party during the related Prepayment Period and indicating the section of this Agreement, on deposit in the First Payment Mortgage Loan AccountPurchase Agreement or the Mortgage Loan Sale Agreement, as applicable, requiring or allowing the purchase of each such Mortgage Loan;
(xxiii) the number and aggregate Principal Balance amount of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer)Credit Risk Manager Fee paid;
(xxiv) the amount Mortgage Loan identifying number of Net Rate Cap Carryover distributed to each Class Mortgage Loan with a Prepayment Charge that was the subject of Offered Certificates (other than a Principal Prepayment in full during the Class A-IO Certificates)related Prepayment Period, stating separately any amounts received from the cap provider 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 the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such ClassMortgage Loan;
(xxv) the amount on deposit in 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 Rate Swap Agreement’s “significance percentage” of the Pool Balance;
(xxvii) the amount and recipient of any Net Rate Cap Swap Payments and Swap Termination Payments;
(xxviii) the date of such Distribution Date and the 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 amounts 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 each deposit representations and withdrawal from such Accountwarranties relating to the Mortgage Loans or material breaches of transaction covenants or representations and warranties; and
(xxvixxxii) for each Pre-Funding Distribution DateClass, the remaining amount in applicable Certificate Interest Rate, if applicable, and the Preapplicable Pass-Funding Account. The Trustee shall make available such report to the ServicerThrough Rate, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Dateif different. 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 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 may consult with the Depositor and rely on the Depositor’s determination of materiality. In the case of information furnished pursuant to subclauses (iii), (iii), (ivii) and (vixiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 1,000 original dollar amount as of the related Cut-Off off Date. The Trustee will also make available copies of the Remittance Report (andperiodic reports the Trustee prepares and files with the Commission, at its optionincluding distribution reports on Form 10-D, any additional files containing the same information in an alternative format) annual reports on Form 10-K, current reports on Form 8-K and amendments to these reports available each month to Certificateholders and the parties to this Agreement via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇through w▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at ▇ promptly (▇▇▇but no later than one Business Day) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way Remittance Reports are distributed in order to make such distribution more convenient and/or more accessible to the above parties and after the Trustee shall provide timely and adequate notification to all above parties regarding any has filed such changes. As a condition to access reports with 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto)Commission.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Holder 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 (iiii), (ii), (xiv) and (ivxvi) 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 make available forward to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders each Residual Certificateholder a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders each Residual Certificateholder by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(ed) The Servicer and For all purposes of this Agreement including, but not limited to, providing the Trustee shall furnish to the Depositor, the Seller and each Certificateholder information set forth in clause (if requested in writingviii) of Section 4.06(a), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to any Mortgage Loan, delinquencies shall be determined and reported based on the Certificateholder or otherwise 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 purposes 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 Agreement, all such reports or information to be provided delinquency recognition policy is its current policy and is not less restrictive than any delinquency recognition policy established by the primary safety and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reportssoundness regulator, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary natureany, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this AgreementServicer.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (ABFC 2006-Opt2 Trust)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as the Trustee shall reasonably require, and the Seller hereby agrees provided to provide the Trustee and it by the Servicer with an amended Prepayment Charge Schedulepursuant to Sections 3.19 and 4.04, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Servicer and the Rating Agencies, a statement (as to the “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, Date which information shall be based solely upon include the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereoffollowing information:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period;
(vi) the Servicing Fee and Pool Balance at the Trustee Fee (including Close of Business at the separate amounts payable to each end of the Trustee and its Custodian)related Due Period;
(vii) the Pool Balance number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the close related Determination Date and the number and aggregate Stated Principal Balance of business on all Subsequent Mortgage Loans added during the last day of the preceding Due Funding Period;
(viii) the Class number and aggregate unpaid 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 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 Class case as of Certificates after giving effect to payments allocated to principal abovethe Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date[Reserved];
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred the total number and is continuing and cumulative Stated Principal Balance of all REO Properties as of the calculation thereofClose of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) the aggregate amount of all Curtailments that were Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses since the Closing Date and the aggregate amount of Subsequent Recoveries received during the Due Periodrelated Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date;
(xiii) the principal portion aggregate amount of all Monthly Payments received during extraordinary Trust Fund expenses withdrawn from the Due PeriodCollection Account for such Distribution Date;
(xiv) the interest portion Certificate Principal Balance of all Monthly Payments received the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates, after giving effect to the distributions made on the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the amount Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, each Class of Mezzanine Certificates, the Monthly Advances Class B Certificates and the Compensating Class C Certificates for such Distribution Date and the Unpaid Interest payment Shortfall Amount, if any, with respect to be made on the Determination Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount to be distributed to the Class P Certificates, Class BIO and Class R Certificateholders, respectively of any Net Prepayment Interest Shortfalls for the such Distribution Date;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due PeriodCredit Enhancement Percentage for such Distribution Date;
(xviii) the Net WAC Rate Carryover Amount for each Class of Class A Certificates, each Class of Mezzanine Certificates and the Class B Certificates, if any, for 110 such Distribution Date and the amount of all payments or remaining unpaid after reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)therefor on such Distribution Date;
(xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the number distribution of Mortgage Loans outstanding at the beginning and at the end of the related Due Periodprincipal on such Distribution Date;
(xx) when the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as Stepdown Date, Sequential Trigger Event or a percentage of the Cut-Off Date Pool BalanceTrigger Event has occurred;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)Available Funds;
(xxii) the respective Pass-Through Rates applicable to each Class of Class A Certificates, each Class of Mezzanine Certificates, the Class B Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Class A Certificates, each Class of Mezzanine Certificates and the Class B Certificates for the immediately succeeding Distribution Date in April 2004 and May 2004, the amountDate; and
(xxiii) payments, if any, on deposit in made under the First Payment Loan Account;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer)Cap Contract;
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than on deposit in the Class APre-IO Certificates), stating separately any amounts received from the cap provider with respect to Funding Accounts and the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such ClassCoverage Accounts;
(xxv) for the amount distribution occurring on the Distribution Date immediately following the end of the Funding Period, the balance on deposit in the Net Rate Cap Fund, and the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Group I Pre-Funding Distribution Date, Account and/or the remaining amount in the Group II Pre-Funding Account. The Trustee shall make available such report 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 Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report related Class A Certificates as a dollar amount for each Class for each $1 original dollar amount as mandatory distribution of the related Cut-Off principal, if any, on such Distribution Date. The Trustee will make the Remittance Report such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement Rating Agencies via the Trustee’s internet website. The Trustee’s 's internet website shall initially to be located at “"▇▇▇.▇▇▇▇▇▇▇.▇▇▇”". Assistance in using the website can be obtained by calling the Trustee’s 's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are 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 Remittance Reports 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 '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 Remittance Report 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 heretothereto). 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 shall, upon written request, furnish to each Person who at any time during the calendar year was a Holder 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 (iiii) and (ivii) 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 make available to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Residual Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, the Servicer shall deliver to the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due Periodbased, as applicable, and such other on information as provided to it by the Trustee shall reasonably requireMaster Servicer, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date 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 “Remittance Report”) containing the information set forth below with respect to distributions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the Certificate Rate for each amount of the distribution made to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates on (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;
(iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining;
(iv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in Master Servicer with respect of principal to the related Due Period and such other customary information as the amount thereof in respect of the Class Principal Carryover ShortfallTrustee deems necessary or desirable, and any remaining Class Principal Carryover Shortfallor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Due Period;
(vi) the Servicing Fee and Pool Balance at the Trustee Fee (including Close of Business at the separate amounts payable to each end of the Trustee and its Custodian)related Due Period;
(vii) the Pool Balance number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the close related Determination Date;
(viii) the number and aggregate unpaid principal balance of business 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 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 Due Period;
such Distribution Date and (viiiD) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal aboveREO Properties;
(ix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date[reserved];
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred the total number and is continuing and cumulative principal balance of all REO Properties as of the calculation thereofClose of Business of the last day of the preceding Prepayment Period;
(xi) the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) the aggregate amount of all Curtailments that were received Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses;
(xiii) the principal portion aggregate amount of all Monthly Payments received during extraordinary Trust Fund expenses withdrawn from the Due PeriodCollection Account for such Distribution Date;
(xiv) the interest portion Certificate Principal Balance of all Monthly Payments received the Class A Certificates, the Mezzanine Certificates and the Class C Certificates, after giving effect to the distributions made on the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the amount Monthly Interest Distributable Amount in respect of the Monthly Advances Class A Certificates, the Mezzanine Certificates and the Compensating Class C Certificates for such Distribution Date and the Unpaid Interest payment Shortfall Amount, if any, with respect to be made on the Determination Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date;
(xvi) the aggregate amount to be distributed of any Prepayment Interest Shortfalls for such Distribution Date, to the Class P Certificates, Class BIO and Class R Certificateholders, respectively for extent not covered by payments by the Distribution DateMaster Servicer pursuant to Section 3.26;
(xvii) the weighted average remaining term to maturity of the Mortgage Loans and the weighted average Loan Rate as of the first day of the related Due PeriodCredit 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 of all payments or remaining unpaid after reimbursements to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)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 outstanding at the beginning to which such payments related) and at the end of the related Due Period;
(xxB) the cumulative amount of Liquidation Loan Losses experienced during payments received related to claims under the preceding Due Period PMI Policy since the Closing Date (and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool Balance;
(xxi) as of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans to which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forthsuch payments related);
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit in the First Payment Loan Account;
(xxiiiA) the dollar amount of claims made under the PMI Policy that were denied during the Prepayment Period (and the number and aggregate Principal Balance of Mortgage Loans, other than 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 in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicerto which such denials related);
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such Class;; and
(xxv) the amount on deposit in the Net Rate Cap Fund, and Dividend Account immediately prior to the amounts of each deposit and withdrawal from such Account; and
(xxvi) for each Pre-Funding Distribution related Master Servicer Remittance Date, the remaining amount in deposited into the Pre-Funding Account. The Trustee shall make available such report Dividend Account on the related Master 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 Master Servicer Remittance Date (separately identifying the amount refunded to Mortgagors and the amount distributed to the Servicer, holder of the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) Dividend Account Certificate on the such Distribution Date. 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 (ii), (iii), (iv) and (vi) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 original dollar amount as of the related Cut-Off Date. The Trustee will make the Remittance Report such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “"www.ctslink.com". Assistance in usin▇ ▇▇▇.▇ ▇▇▇▇▇▇▇ ▇.▇▇▇”. Assistance in using the website can an be obtained by calling the Trustee’s 's customer service desk at (▇▇▇301) ▇▇▇815-▇▇▇▇6600. Parties that are unable to use the above distribution options una▇▇▇ ▇▇ ▇▇▇ ▇▇▇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 Remittance Reports 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 In the case of information furnished pursuant to access the Trustee’s internet websitesubclauses (i) through (iii) above, the Trustee may require registration and amounts shall be expressed in a separate section of the acceptance report as a dollar amount for each Class for each $1,000 original dollar amount as 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto)Cut-off Date.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall shall, upon written request, furnish to each Person who at any time during the calendar year was a Holder 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 (iv) 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 make available to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(e) The Servicer and the Trustee shall furnish to the Depositor, the Seller and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Financial Asset Sec Corp Asset Backed Certs Series 2001 Ff1)
Statements. (a) Not later than 1:00 p.m., New York time, on the fifth Business Day prior to On each Distribution Date, based on the Servicer shall deliver to Mortgage Loan information contained in the Trustee by electronic means a computer file containing the loan level information necessary to permit the Trustee to calculate the information required by clauses (i) through (xxvi) below as of the end of the preceding Prepayment Period or Due PeriodRemittance Report, as applicable, and such other information as the Trustee shall reasonably require, and the Seller hereby agrees to provide the Trustee and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than each Distribution Date the Trustee shall prepare and post on its website at www.ctslink.com, a statement (the “Remittance Report”"Distribution Date Statement") containing the information set forth below with respect to as t▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇ions made on such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof:
(i) Available Funds the amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal, separately identified and the Certificate Rate for each amount of the distribution made on such Distribution Date to the Holders of the Class for the related Distribution DateP Certificates allocable to Prepayment Charges, Originator Prepayment Charge Payment Amounts and Servicer Prepayment Charge Payment Amounts;
(ii) the aggregate amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates on allocable to interest or Class CE Distributable Amount, separately identified;
(iii) the Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency and the Targeted Overcollateralization Amount as of such Distribution Date and the Monthly Excess Interest Amount and Monthly Excess Cashflow Amount for such Distribution Date;
(iiiiv) the aggregate amount of servicing compensation received by the distribution set forth in paragraph (i) above in respect of interest and Servicer during the amount thereof in respect of any Class Interest Carryover Shortfall, related Collection Period and the amount of any Class Compensating Interest Carryover Shortfall remaining;
(iv) paid by the amount of the distribution set forth in paragraph (i) above in respect of principal and the amount thereof in respect of the Class Principal Carryover Shortfall, and any remaining Class Principal Carryover ShortfallServicer;
(v) the aggregate amount of Excess Interest paid as principalAdvances for the related Collection Period, cumulative unreimbursed Advances and Servicing Advances and cumulative Nonrecoverable Advances;
(vi) the Servicing Fee and Pool Balance, at the Trustee Fee (including close of business at the separate amounts payable to each end of the Trustee and its Custodian)related Collection Period;
(vii) the Pool number, weighted average remaining term to maturity, the weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Due Date and number and aggregate Principal Balance of all Additional Group 3 Mortgage Loans added during the preceding Prepayment Period;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 to 59 days past due on a contractual basis, (b) 60 to 89 days past due on a contractual basis, (c) 90 or more days past due on a contractual basis, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy as of the close of business on the last day of the calendar month preceding Due Period;
(viii) the Class Principal Balance of each Class of Certificates after giving effect to payments allocated to principal abovesuch Distribution Date;
(ix) with respect to any Mortgage Loan that became an REO Property during the Overcollateralization Amount and preceding calendar month, the Required Overcollateralization Amount loan number of such Mortgage Loan, the unpaid Principal Balance of the REO Property as of the close of business on the Distribution Date, after giving effect to distributions last Business Day of principal on such Distribution Datecalendar month and the Principal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) whether a Cumulative Loss Event or a Delinquency Event has occurred 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 is continuing and cumulative principal balance of all REO Properties as of the calculation thereofclose of business of the last day of the preceding Collection Period;
(xi) separately stated for each Loan Group, the aggregate amount of Principal Prepayments received made during the related Prepayment Period;
(xii) separately stated for each Loan Group, the aggregate amount of all Curtailments that were received Realized Losses incurred during the Due Periodrelated Collection Period and the cumulative amount of Realized Losses;
(xiii) the principal portion Certificate Principal Balance of all Monthly Payments received during each Class of Certificates, after giving effect to the Due Perioddistributions, 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 interest portion Accrued Certificate Interest in respect of all Monthly Payments received 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 the Mortgage Loans during the Due Periodsuch Distribution Date;
(xv) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the Monthly Advances and extent not covered by payments by the Compensating Interest payment Servicer pursuant to be made on the Determination DateSection 3.23;
(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 to be distributed to of all Cap Carryover Amounts covered by withdrawals from the Class P Certificates, Class BIO and Class R Certificateholders, respectively for Swap Account or the Cap Carryover Reserve Account on such Distribution Date;
(xvii) for the weighted average remaining term to maturity 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 the weighted average Loan Rate as of the first day of that is being distributed to the related Due PeriodClass A Certificates as a mandatory distribution of principal, if any, on such Distribution Date;
(xviii) the amount of all payments or reimbursements any Overcollateralization Deficiency after giving effect to the Servicer pursuant to Sections 3.03(ii) and (vi) (as reported by the Servicer)distribution of principal on such Distribution Date;
(xix) whether a Trigger Event has occurred and is continuing, and the number of Mortgage Loans outstanding at the beginning and at the end cumulative Realized Losses, as a percentage of the related Due Periodoriginal Pool Balance;
(xx) the amount of Liquidation Loan Losses experienced during the preceding Due Period and the Cumulative Net Losses as a percentage of the Cut-Off Date Pool BalanceAvailable Funds;
(xxi) as the rate at which interest accrues for each Class of the end of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth)Certificates for such Distribution Date;
(xxii) for the Distribution Date in April 2004 and May 2004, the amount, if any, on deposit information contained in the First Payment Loan AccountLiquidation Report for such Distribution Date;
(xxiii) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified purchased by the Servicer Servicer, an Originator or the Seller during the related Due Prepayment Period (and indicating the section of this Agreement or the applicable Originator Mortgage Loan Purchase Agreement, as reported by applicable, requiring or allowing the Servicer)purchase of each such Mortgage Loan;
(xxiv) the amount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and the amount of Net Rate Cap Carryover remaining for each such ClassCredit 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 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 related Originator with respect to each such Mortgage Loan;
(xxvi) the amount on deposit in 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 Rate Swap Agreement's "significance percentage" of the Pool Balance;
(xxviii) the amount and recipient of any Net Rate Cap Swap Payments and Swap Termination Payments;
(xxix) the date of such Distribution Date and the 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 amounts of parties to whom these payments are made;
(xxxi) for each deposit Class, the applicable Record Date and withdrawal from such AccountInterest Accrual Period; and
(xxvixxxii) for each Preunless such information is otherwise set forth in From 10-Funding D relating to such Distribution Date, the remaining amount in the Pre-Funding Account. The Trustee shall make available such report any material breaches of representations and warranties relating to the Servicer, the Seller, the Certificateholders, the Rating Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇ ▇▇▇▇▇▇) Mortgage Loans or material breaches of transaction covenants or representations and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) on the Distribution Datewarranties. 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 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 may consult with the Depositor and rely on the Depositor's determination of materiality. In the case of information furnished pursuant to subclauses (iii), (iii), (ivii) and (vixiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1 1,000 original dollar amount as of the related Cut-Off off Date. The Trustee will also make available copies of the Remittance Report 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 (and, at its option, any additional files containing the same information in an alternative formatbut no later than one Business Day) available each month to Certificateholders and the parties to this Agreement via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “after t▇▇▇.▇ ▇▇▇▇▇▇▇.▇ ▇▇▇”. Assistance in using ▇ filed such reports with the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way Remittance Reports 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 Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto)Commission.
(b) Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Holder 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 (iiii), (ii), (xiv) and (ivxvi) 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 make available forward to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders each Residual Certificateholder a copy of the reports forwarded to the Holders of the Regular Certificates Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together 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 by the Tax Matters Persons and furnished to Certificateholders each Residual Certificateholder by the Trustee or Tax Matters Person pursuant to any requirements of the Code as from time to time in force.
(ed) The Servicer and For all purposes of this Agreement including, but not limited to, providing the Trustee shall furnish to the Depositor, the Seller and each Certificateholder information set forth in clause (if requested in writingviii) of Section 4.06(a), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to any Mortgage Loan, delinquencies shall be determined and reported based on the Certificateholder or otherwise 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 purposes 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 Agreement, all such reports or information to be provided delinquency recognition policy is its current policy and is not less restrictive than any delinquency recognition policy established by the primary safety and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reportssoundness regulator, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable.
(f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary natureany, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this AgreementServicer.
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Sources: Pooling and Servicing Agreement (ABFC 2006-Opt1 Trust)