Common use of Statements Clause in Contracts

Statements. (a) 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 and the Rating Agencies, a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, 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 relted Due Period; (vii) the 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 related Determination Date and the number and aggregate Stated Principal Balance of 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 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; (x) 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; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized 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; (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 each Class of Class A Certificates, Mezzanine Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, made on such Distribution Date; (xvi) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine Certificates and the Class 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 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 Servicer 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 remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether the Stepdown Date or a Trigger Event has occurred and the Realized Loss Percentage for such Distribution Date; (xx) 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); (xxi) the respective Pass-Through Rates applicable to each Class of Class A Certificates, 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 Mezzanine Certificates for the immediately succeeding Distribution Date; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvi) for 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 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 will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager and the 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) 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, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and (ii) 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 NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Fremont Home Loan Trust 2006-3), Pooling and Servicing Agreement (Fremont Home Loan Trust 2006-3)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS Insurer, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the 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 Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Period; (vi) the aggregate Principal Pool Balance at the Close of the Mortgage Loans and any REO Properties as of Business at the end of the relted related Due Period; (vii) the aggregate Principal Balance of any 2nd lien Mortgage Loans; (viii) the number, aggregate Stated Principal Balanceprincipal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance principal balance of all Subsequent Mortgage Loans added during the Funding preceding Prepayment Period; (ixviii) the number and aggregate unpaid Stated Principal Balance principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 91 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties; (ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, as well as the aggregate loan number of such Mortgage Loan, the unpaid principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefromPrincipal Balance of such Mortgage Loan as of the date it became an REO Property; (x) the total number and cumulative Stated Principal Balance principal balance of all REO Properties as of the Close of Business of the last day of the calendar month preceding the related Distribution DatePrepayment Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) 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 DateLosses; (xivxiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or for such Distribution Date; (xiv) the Distribution Account for Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date; (xv) the Certificate Principal Balance of each Class of Class A Certificates, Mezzanine Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, made on such Distribution Date; (xvi) the Monthly Interest Distributable Amount in respect of each Class of the Class A Certificates, the Mezzanine Certificates, the Class C Certificates and the Class C S Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to each Class of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date; (xviixvi) 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 3.243.26; (xvii) the Credit Enhancement Percentage for such Distribution Date; (xviii) the Net WAC Rate Carryover Amount for each Class of the Class A Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether 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 and the Realized Loss Percentage for such Distribution Date; (xx) 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)occurred; (xxi) the Available Funds; (xxii) the respective Pass-Through Rates applicable to each Class of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass-Pass- Through Rate applicable to each Class of the Class A Certificates and the Mezzanine Certificates for the immediately succeeding Distribution Date; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and Account, the Interest Coverage AccountsAccount and the Reserve Fund; and (xxvixxiv) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Group I Pre-Funding Account and/or the Group II Pre-Funding Account that has not been used to purchase Subsequent Group I Mortgage Loans and/or Subsequent Group II Mortgage Loans, as applicable, and that is being distributed to the related Class A Certificates as a mandatory distribution prepayment of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Certificateholders and the Rating Agencies via the Trustee’s 's internet websitewebsite and its fax-on-demand service. The Trustee’s internet website shall 's fax-on- demand service may be accessed by calling (301) 815-6610. The Trustee's intern▇▇ ▇▇▇▇▇▇▇ ▇▇▇ll initially be located at “h"www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇://▇▇.▇▇▇.▇▇.▇▇▇/▇▇▇▇”. Assistance in using 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 option options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) and through (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and through (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Trustee shall make available forward to the NIMS Insurer and the Residual Class R Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a Residual 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 Residual Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Option One Mort Accept Corp Asset Backed Cert Series 2000-3), Pooling and Servicing Agreement (Option One Mort Accept Corp Asset Backed Cert Series 2000-3)

Statements. (a) On each Distribution Date, based, as applicable, on the Mortgage Loan information provided to it by contained in the ServicerRemittance Report, the Trustee shall (i) prepare and make available forward by mail to each Holder of the Regular Certificates and (ii) make available on its website at www.usbank.com/abs for access by e▇▇▇ ▇▇▇▇▇▇ ▇▇ ▇▇▇ Regular Certificates, the NIMS Insurer, the Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular CertificatesCertificates allocable to principal or reduction of Notional Amount, separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interestinterest or Class X Distributable Amount, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Overcollateralization 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 Amount as of such Distribution Date and the Monthly Excess Overcollateralized Interest Amount for the Mortgage Pool and Monthly Excess Cashflow Amount for such Distribution Date; (iv) the fees and expenses of the Trust Fund accrued and paid on such Distribution Date and to whom such fees and expenses were paid[reserved]; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Collection Period; (vi) the aggregate Principal Pool Balance at the close of the Mortgage Loans and any REO Properties as of business at the end of the relted Due related Collection Period; (vii) the 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 Interest Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDue Date; (ixviii) 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) (1a) 30 to 59 daysdays past due on a contractual basis, (2b) 60 to 89 days and past due on a contractual basis, (3c) 90 or more daysdays past due on a contractual basis, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close close of Business business on the last day of the calendar month preceding such Distribution Date and Date; (Dix) with respect to any Mortgage Loan that became an REO PropertiesProperty during the preceding calendar month, as well as the aggregate loan number of such Mortgage Loan, the unpaid principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefromPrincipal Balance of such Mortgage Loan as of the date it became an REO Property; (x) the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative Stated Principal Balance principal balance of all REO Properties as of the Close close of Business business of the last day of the calendar month preceding the related Distribution DateCollection Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentageaggregate amount of Prepayment Charges collected (including amounts deposited in connection with the full or partial waiver of such Prepayment Charges pursuant to Section 3.01) during the related Collection Period and the amounts thereof allocable to the Class N Certificates and the Class X Certificates; (xiii) the aggregate amount of Realized Losses incurred during the related Prepayment Collection Period and the cumulative amount of Realized Losses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing DateLosses; (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 or Notional Amount, as applicable, 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 LossesLosses 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; (xvixv) the Monthly Accrued Certificate Interest Distributable Amount in respect of each Class of Class A Offered Certificates, Mezzanine the Class B-3 Certificates and the Class C B-4 Certificates for such Distribution Date, and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to each Class amount of Class A Certificates, Mezzanine Certificates and the Class C Certificates for such Distribution Dateany LIBOR Carryover Amounts; (xviixvi) 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 3.243.23; (xvii) the amount of the Trustee Fee paid; (xviii) the Net WAC Rate LIBOR Carryover Amount for each Class of Class A Certificates and Mezzanine Certificates, if any, for Amounts distributed on such Distribution Date and the amount amounts remaining unpaid after reimbursements therefor giving effect to distributions thereof on such Distribution Date; (xix) whether any Overcollateralization Deficiency after giving effect to the Stepdown Date or a Trigger Event has occurred and the Realized Loss Percentage for distribution of principal on such Distribution Date; (xx) the total cashflows received whether a Trigger Event has occurred and is continuing, and the general sources thereof (including amounts received from cumulative Realized Losses, as a percentage of 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)original Pool Balance; (xxi) the respective Pass-Through Rates applicable to each Class of Class A Certificates, 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 Mezzanine Certificates for the immediately succeeding Distribution DateAvailable Funds; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to rate at which interest accrues for each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxvxxiii) the amount on deposit in Liquidation Report for such Distribution Date; (xxiv) the Pre-Funding Accounts aggregate Principal Balance of Mortgage Loans purchased by the Servicer or Seller during the related Collection Period and indicating the Interest Coverage AccountsSection of this Agreement requiring or allowing the purchase of each such Mortgage Loan; and (xxvixxv) for the distribution occurring on the Distribution Date immediately following the end aggregate Principal Balance 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 repurchased by the Servicer (or an affiliate) during the related Class A Certificates as a mandatory distribution of principal, if any, on such Distribution DateCollection Period in connection with Section 3.16. 95 The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager may fully rely upon and the 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting no liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any information with respect to the Mortgage Loan, delinquencies shall be determined by the Trustee from information Loans 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 regulatorsServicer. In the case of information furnished pursuant to subclauses (i) and through (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, shall furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i), (ii), (xv) and (iixviii) 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 Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Residual Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (C-Bass MTG Ln as Bk Cert Ser 2004-Cb4), Pooling and Servicing Agreement (C-Bass MTG Ln as Bk Cert Ser 2004-Cb4)

Statements. (a) On Not later than 1:00 p.m., New York time, on the fifth Business Day prior to each Distribution Date, basedthe 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, on and such other information provided as the Trustee shall reasonably require, and the Seller hereby agrees to it by provide the ServicerTrustee 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 upon the loan level information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification thereof: (i) Available Funds and make available each Class’ Certificate Rate for the related Distribution Date; (ii) the aggregate amount of the distribution to each Holder Class of the Regular Certificates, the NIMS Insurer, the Servicer and the Rating Agencies, a statement as to the distributions made Certificates on such Distribution Date:; (iiii) the amount of the distribution made on such Distribution Date to set forth in paragraph (i) above in respect of interest and the Holders amount thereof in respect of each any Class of Regular CertificatesInterest Carryover Shortfall, separately identified, allocable to principal and the amount of the distribution made to the Holders of the any Class P Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment AmountsInterest Carryover Shortfall remaining; (iiiv) the amount of the distribution made 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 such Distribution Date to the Holders last day of the preceding Due Period; (viii) the Class Principal Balance of each Class of Regular Certificates (other than the Class P Certificates) allocable after giving effect to interest, separately identifiedpayments allocated to principal above; (iiiix) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Required Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such the close of business on the Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for Date, after giving effect to distributions of principal on such Distribution Date; (ivx) the fees whether a Cumulative Loss Event or a Delinquency Event has occurred 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 relted Due Period; (vii) the 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 related Determination Date is continuing and the number and aggregate Stated Principal Balance of 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 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; (x) 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 Datecalculation thereof; (xi) the aggregate amount of Principal Prepayments made received during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentageamount of all Curtailments that were received during the Due Period; (xiii) the aggregate amount principal portion of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses and the aggregate amount of Subsequent Recoveries all Monthly Payments received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing DateDue Period; (xiv) the aggregate amount interest portion of extraordinary Trust Fund expenses withdrawn from all Monthly Payments received on the Collection Account or Mortgage Loans during the Distribution Account for such Distribution DateDue Period; (xv) the Certificate Principal Balance amount of each Class of Class A Certificates, Mezzanine Certificates the Monthly Advances and the Class C Certificates, before and after giving effect Compensating Interest payment to the distributions, and allocations of Realized Losses, be made on such Distribution the Determination Date; (xvi) the Monthly Interest Distributable Amount in respect of each amount to be distributed to the Class of Class A P Certificates, Mezzanine Certificates Class BIO and Class R Certificateholders, respectively for the Class 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 C Certificates for such Distribution Date; (xvii) the aggregate amount weighted average remaining term to maturity of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by Mortgage Loans and the Servicer pursuant to Section 3.24weighted average Loan Rate as of the first day of the related Due Period; (xviii) the Net WAC Rate Carryover Amount for each Class amount of Class A Certificates all payments or reimbursements to the Servicer pursuant to Sections 3.03(ii) and Mezzanine Certificates, if any, for such Distribution Date and (vi) (as reported by the amount remaining unpaid after reimbursements therefor on such Distribution DateServicer); (xix) whether the Stepdown Date or a Trigger Event has occurred number of Mortgage Loans outstanding at the beginning and at the Realized Loss Percentage for such Distribution Dateend of the related Due Period; (xx) the total cashflows received amount of Liquidation Loan Losses experienced during the preceding Due Period and the general sources thereof (including amounts received from Cumulative Net Losses as a percentage of 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)Cut-Off Date Pool Balance; (xxi) as of the respective Passend of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-Through Rates applicable to each Class 59 days delinquent; the number and Principal Balance of Class A Certificates, Mezzanine Certificates 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 Class C Certificates for such Distribution Date number and the Pass-Through Rate applicable to Principal Balance of Mortgage Loans which are REO Property, each Class of Class A Certificates and Mezzanine Certificates for the immediately succeeding Distribution Dateseparately set forth); (xxii) paymentsfor the Distribution Dates in July 2003 and August 2003, the amount, if any, made under on deposit in the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap ContractFirst Payment Loan Account; (xxiii) the amount number and aggregate Principal Balance of any Net Swap Payments Mortgage Loans, other than Mortgage Loans in default or Swap Termination Paymentsimminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer); (xxiv) the applicable Record Datesamount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), Accrual Periods stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreement, and Determination Dates the amount of Net Rate Cap Carryover remaining for calculating distributions for each such Distribution DateClass; (xxv) the amount on deposit in the Pre-Funding Accounts Net Rate Cap Fund, and the Interest Coverage Accountsamounts of each deposit and withdrawal from such Account; and (xxvi) for each Pre-Funding Distribution Date, the distribution occurring 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 immediately following Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the end 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 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, report as applicable, and that is being distributed to a dollar amount for each Class for each $1,000 original dollar amount as of the related Class A Certificates as a mandatory distribution of principal, if any, on such Distribution Cut-Off Date. The Trustee will make such statement the Remittance Report (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager and the Rating Agencies 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 option options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements 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 to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement 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 theretohereto). 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, upon written request, shall furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder 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 (iiii) and (iiiv) 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 Residual Class R Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificateholders 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, upon request, and each Person who at any time during the calendar year was a Residual 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 Residual 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 Trustee or and furnished to Certificateholders by the Trustee 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) 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 and the Rating Agencies, a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Period; (vi) the aggregate Principal Pool Balance at the Close of the Mortgage Loans and any REO Properties as of Business at the end of the relted related Due Period; (vii) the 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 related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding Period; (ixviii) 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) [reserved]; (x) 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 DatePrepayment Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) 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; (xivxiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiv) the Certificate Principal Balance of each Class of Class A Certificates, Mezzanine Adjustable-Rate Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, distributions made on such Distribution Date; (xvixv) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine Adjustable-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 Class A Certificates, Mezzanine Adjustable-Rate Certificates and the Class C Certificates for such Distribution Date; (xviixvi) 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 Credit Enhancement Percentage for such Distribution Date; (xviii) the Net WAC Rate Carryover Amount for each Class of Class A Certificates and Mezzanine Adjustable-Rate Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether 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 and the Realized Loss Percentage for such Distribution Date; (xx) 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)occurred; (xxi) the Available Funds; (xxii) the respective Pass-Through Rates applicable to each Class of Class A Certificates, Mezzanine Adjustable-Rate Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Class A Certificates and Mezzanine Adjustable-Rate Certificates for the immediately succeeding Distribution Date; (xxiixxiii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvixxv) for 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 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 will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager and the 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) and through (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and (ii) 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 NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2005-Ffh3), Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2005-Ffh3)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS InsurerSwap Provider, the Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:Date (the “Monthly Statement”): (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, Certificates 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; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the any 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 amount of interest and scheduled principal received or advanced by the Mortgage Loans and any REO Properties as of Servicer with respect to the end of the relted related Due Period; (vii) with respect to each Loan Group, the aggregate Principal Balance related group balance at the Close of any 2nd lien Mortgage LoansBusiness at the end of the related Due Period; (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 related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDate; (ix) the number and aggregate unpaid Stated Principal Balance principal balance of Mortgage Loans (except those Mortgage Loans that are liquidated as of the end of the related Prepayment Period) that were (as determined using the OTS method) (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 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; (x) the Delinquency Percentage; (xi) the total number and cumulative Stated Principal Balance 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 calendar month preceding the related Distribution DatePrepayment Period; (xixiii) the aggregate amount of Principal Prepayments in full, the aggregate amount of Principal Prepayments in part and Net Liquidation Proceeds made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiiixiv) 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 DateLosses; (xivxv) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxvi) the Certificate Principal Balance of each Class of Class A Certificates, each class of Mezzanine Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, distributions made on such Distribution Date; (xvixvii) 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 each Class of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date; (xviixviii) 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 3.243.26; (xviiixix) the Senior Credit Enhancement Percentage for such Distribution Date; (xx) the Net WAC Rate Carryover Amount for each Class 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; (xixxxi) the amount of any Net Swap Payments or Swap Termination Payments (a) due from the Trust and (b) due from the Swap Provider; (xxii) whether the Stepdown Date or a Trigger Event has occurred and the Realized Loss Percentage for such Distribution Dateis in effect; (xxxxiii) 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); (xxixxiv) the respective Pass-Through Rates applicable to each Class of Class A Certificates, and 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 Mezzanine Certificates for the immediately succeeding Distribution Date; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage AccountsNet WAC Rate Carryover Reserve Account; and (xxvi) the applicable Record Date, Accrual Period and Determination Date for 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 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 calculating distributions for such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Swap Provider and the 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date distribution date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. In addition, the Trustee will report on Form 10-D any material breaches of representations and warranties regarding the Mortgage Loans to the extent known to the Trustee and if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time. For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent Delinquent with respect to a Scheduled Monthly Payment due on a Due Date if such Scheduled Monthly Payment is not made by the close of business on the Mortgage Loan’s 's next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Monthly Payment if such Scheduled Monthly Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due DateDate (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. 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, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and through (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Trustee shall make available to the NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, Insurer and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force. (e) For each Distribution Date, through and including the Distribution Date in December 2007, the Trustee shall calculate the Significance Percentage of the Interest Rate Swap Agreement. If on any such Distribution Date, the Significance Percentage is equal to or greater than 9%, the Trustee shall promptly notify the Depositor and the Depositor, on behalf of the Trustee, shall obtain the financial information required to be delivered by the Swap Provider pursuant to the terms of the Interest Rate Swap Agreement. If, on any succeeding Distribution Date through and including the Distribution Date in December 2007, the Significance Percentage is equal to or greater than 10%, the Trustee shall promptly notify the Depositor and the Depositor shall, within 5 Business Days of such Distribution Date, deliver to the Trustee the financial information provided to it by the Swap Provider for inclusion in the Form 10-D relating to such Distribution Date. If on any Distribution Date after December 2007, the Significance Percentage is greater than 10%, the Trustee shall include the Significance Percentage on the statement to Certificateholders for the related Distribution Date.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Option One Mortgage Loan Trust 2007-4), Pooling and Servicing Agreement (Option One Mortgage Loan Trust 2007-3)

Statements. (a) On each Distribution Date, 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 and the Rating Agencies, a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage 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 relted Due Period; (vii) the 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 related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDate; (ixviii) 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; (xix) 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; (xix) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xiixi) the Delinquency Percentage; (xiiixii) 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; (xivxiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiv) 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; (xvixv) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine Certificates and the Class 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 C Certificates for such Distribution Date; (xviixvi) 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; (xviiixvii) 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 remaining unpaid after reimbursements therefor on such Distribution Date; (xixxviii) whether the Stepdown Date or a Trigger Event has occurred and the Realized Loss Percentage for such Distribution Dateoccurred; (xxxix) 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)thereof; (xxixx) the respective Pass-Through Rates applicable to each Class of Class A Certificates, 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 Mezzanine Certificates for the immediately succeeding Distribution Date; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiiixxi) the amount of any Net Swap Payments or Swap Termination Payments;; and (xxivxxii) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvi) for 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 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 will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager and the Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “h▇▇▇▇://▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇▇▇▇/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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) 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, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and (ii) 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 NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Soundview Home Loan Trust 2006-Opt2), Pooling and Servicing Agreement (Soundview Home Loan Trust 2006-Opt1)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it the Trust Administrator by the ServicerMaster Servicer (which in turn shall be based, as applicable, on information provided to the Trustee Master Servicer by the Servicers) the Trust Administrator shall prepare and make available to each Holder of the Regular Certificates, the NIMS Insurereach Servicer, the Servicer Credit Risk Manager and the Rating Agencies, a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount 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 Pool Balance at the Close of the Mortgage Loans and any REO Properties as of Business at the end of the relted related Due Period; (vii) the 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 related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDate; (ixviii) the number and aggregate unpaid Stated Principal Balance of Mortgage Loans (not including a Liquidated Mortgage Loan as of the end of the Prepayment Period) that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) using the OTS Method (as described below) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 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; (xix) 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; (xix) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiiixi) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses and Period, which will include the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the aggregate amount of Realized Losses incurred since the Closing Date, which will include the cumulative amount of Subsequent Recoveries received since the Closing Date; (xivxii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiii) the Certificate Principal Balance of each Class of Class A Certificates, Mezzanine Floating Rate Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, distributions made on such Distribution Date; (xvixiv) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine the 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 Class A Certificates, Mezzanine Certificates and the Class C Floating Rate Certificates for such Distribution Date; (xviixv) 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 3.243.24 or pursuant to the related Servicing Agreement; (xviiixvi) the Credit Enhancement Percentage for such Distribution Date; (xvii) the Net WAC Rate Carryover Amount for each Class of Class A Certificates and Mezzanine the Floating Rate Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xixxviii) whether the Stepdown Date or a Trigger Event has occurred occurred, the Delinquency Percentage for such Distribution Date and the Realized Loss Percentage for such Distribution Date; (xxxix) 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); (xxixx) the respective Pass-Through Rates applicable to each Class of Class A Certificates, Mezzanine the Floating Rate Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Class A Certificates and Mezzanine the Floating Rate Certificates for the immediately succeeding Distribution Date; (xxiixxi) payments, if any, made under the Basis Risk Cap Agreement and the Interest Rate Cap Contract Agreement and the amount distributed to each Class of the Floating Rate Certificates from payments made under the Interest Rate Cap Contractsuch payments; (xxiiixxii) the amount of any Net Swap Payments or Swap Termination Payments;Payments paid to the Swap Provider; and (xxivxxiii) the applicable Record DatesDate, Accrual Periods Period and Determination Dates any other applicable determination dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvi) for 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 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 Trust Administrator will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS InsurerMaster Servicer, the Credit Risk Manager Servicers, the Depositor and the Rating Agencies via the TrusteeTrust Administrator’s internet website. The TrusteeTrust Administrator’s internet website shall initially be located at “h▇▇▇▇://▇▇▇.▇▇▇.▇▇▇▇.▇▇▇/▇▇▇▇”. 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 option options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee Trust Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee Trust Administrator shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to 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 Distribution Date distribution date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) 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 Trust Administrator shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and (ii) 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 NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee Trust Administrator deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee Trust Administrator shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee Trust Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee Trust Administrator pursuant to any requirements of the Code as from time to time in force.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Soundview Home Loan Trust 2007-1), Pooling and Servicing Agreement (Soundview Home Loan Trust 2007-1)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS InsurerSwap Provider, the Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:Date (the “Monthly Statement”): (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, Certificates 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; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the any 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 amount of interest and scheduled principal received or advanced by the Mortgage Loans and any REO Properties as of Servicer with respect to the end of the relted related Due Period; (vii) with respect to each Loan Group, the aggregate Principal Balance related group balance at the Close of any 2nd lien Mortgage LoansBusiness at the end of the related Due Period; (viii) the number, aggregate Stated Principal Balanceprincipal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDate; (ix) the number and aggregate unpaid Stated Principal Balance principal balance of Mortgage Loans (except those Mortgage Loans that are liquidated as of the end of the related Prepayment Period) that were (as determined using the OTS method) (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 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; (x) the Delinquency Percentage; (xi) the total number and cumulative Stated Principal Balance 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 calendar month preceding the related Distribution DatePrepayment Period; (xixiii) the aggregate amount of Principal Prepayments in full, the aggregate amount of Principal Prepayments in part and Net Liquidation Proceeds made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiiixiv) 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 DateLosses; (xivxv) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxvi) the Certificate Principal Balance of each Class of Class A Certificates, each class of Mezzanine Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, distributions made on such Distribution Date; (xvixvii) 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 each Class of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date; (xviixviii) 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 3.243.26; (xviiixix) the Senior Credit Enhancement Percentage for such Distribution Date; (xx) the Net WAC Rate Carryover Amount for each Class 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; (xixxxi) the amount of any Net Swap Payments or Swap Termination Payments (a) due from the Trust and (b) due from the Swap Provider; (xxii) whether the Stepdown Date or a Trigger Event has occurred and the Realized Loss Percentage for such Distribution Dateis in effect; (xxxxiii) 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)received; (xxixxiv) 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; (xxiixxv) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiiiA) the amount of any Net Swap Payments or Swap Termination Paymentspayments 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); (xxivxxvi) A) the applicable Record Dates, Accrual Periods dollar amount of claims made under the PMI Policy that were denied during the Prepayment Period (and Determination Dates for calculating distributions for the number of Mortgage Loans to which such Distribution Datedenials 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); (xxvxxvii) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage AccountsNet WAC Rate Carryover Reserve Account; and (xxvixxviii) the applicable Record Date, Accrual Period and Determination Date for 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 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 calculating distributions for such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Insurer and the Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “h▇▇▇▇://▇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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s 's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date distribution date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) and through (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. In addition, the Trustee will report on Form 10-D any material breaches of representations and warranties regarding the Mortgage Loans to the extent known to the Trustee and if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and through (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Trustee shall make available to the NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, Insurer and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force. (e) For each Distribution Date, through and including the Distribution Date in December 2006, the Trustee shall calculate the Significance Percentage of the Interest Rate Swap Agreement. If on any such Distribution Date, the Significance Percentage is equal to or greater than 9%, the Trustee shall promptly notify the Depositor and the Depositor, on behalf of the Trustee, shall obtain the financial information required to be delivered by the Swap Provider pursuant to the terms of the Interest Rate Swap Agreement. If, on any succeeding Distribution Date through and including the Distribution Date in December 2006, the Significance Percentage is equal to or greater than 10%, the Trustee shall promptly notify the Depositor and the Depositor shall, within 5 Business Days of such Distribution Date, deliver to the Trustee the financial information provided to it by the Swap Provider for inclusion in the Form 10-D relating to such Distribution Date. If on any Distribution Date after December 2006, the Significance Percentage is greater than 10%, the Trustee shall include the Significance Percentage on the statement to Certificateholders for the related Distribution Date.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Option One Mortgage Loan Trust 2006-3), Pooling and Servicing Agreement (Option One Mortgage Loan Trust 2006-3)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS InsurerSwap Provider, the Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:Date (the “Monthly Statement”): (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, Certificates 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; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the any 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 amount of interest and scheduled principal received or advanced by the Mortgage Loans and any REO Properties as of Servicer with respect to the end of the relted related Due Period; (vii) with respect to each Loan Group, the aggregate Principal Balance related group balance at the Close of any 2nd lien Mortgage LoansBusiness at the end of the related Due Period; (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 related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDate; (ix) the number and aggregate unpaid Stated Principal Balance principal balance of Mortgage Loans (except those Mortgage Loans that are liquidated as of the end of the related Prepayment Period) that were (as determined using the OTS method) (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 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; (x) the Delinquency Percentage; (xi) the total number and cumulative Stated Principal Balance 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 calendar month preceding the related Distribution DatePrepayment Period; (xixiii) the aggregate amount of Principal Prepayments in full, the aggregate amount of Principal Prepayments in part and Net Liquidation Proceeds made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiiixiv) 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 DateLosses; (xivxv) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxvi) the Certificate Principal Balance of each Class of Class A Certificates, each class of Mezzanine Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, distributions made on such Distribution Date; (xvixvii) 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 each Class of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date; (xviixviii) 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 3.243.26; (xviiixix) the Senior Credit Enhancement Percentage for such Distribution Date; (xx) the Net WAC Rate Carryover Amount for each Class 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; (xixxxi) the amount of any Net Swap Payments or Swap Termination Payments (a) due from the Trust and (b) due from the Swap Provider; (xxii) whether the Stepdown Date or a Trigger Event has occurred and the Realized Loss Percentage for such Distribution Dateis in effect; (xxxxiii) 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); (xxixxiv) 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; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage AccountsNet WAC Rate Carryover Reserve Account; and (xxvi) the applicable Record Date, Accrual Period and Determination Date for 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 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 calculating distributions for such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Swap Provider and the Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “h▇▇▇▇://▇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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date distribution date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. In addition, the Trustee will report on Form 10-D any material breaches of representations and warranties regarding the Mortgage Loans to the extent known to the Trustee and if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time. For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent Delinquent with respect to a Scheduled Monthly Payment due on a Due Date if such Scheduled Monthly Payment is not made by the close of business on the Mortgage Loan’s 's next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Monthly Payment if such Scheduled Monthly Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any 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, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and (ii) 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 NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Option One Mortgage Loan Trust 2007-Cp1), Pooling and Servicing Agreement (Option One Mortgage Loan Trust 2007-Cp1)

Statements. (a) On Not later than 1:00 p.m., New York time, on the fifth Business Day prior to each Distribution Date, basedthe 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, on and such other information provided as the Trustee shall reasonably require, and the Seller hereby agrees to it by provide the ServicerTrustee 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 make available the Certificate Rate for each Class for the related Distribution Date; (ii) the aggregate amount of the distribution to each Holder Class of the Regular Certificates, the NIMS Insurer, the Servicer and the Rating Agencies, a statement as to the distributions made Certificates on such Distribution Date:; (iiii) the amount of the distribution made on such Distribution Date to set forth in paragraph (i) above in respect of interest and the Holders amount thereof in respect of each any Class of Regular CertificatesInterest Carryover Shortfall, separately identified, allocable to principal and the amount of the distribution made to the Holders of the any Class P Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment AmountsInterest Carryover Shortfall remaining; (iiiv) the amount of the distribution made 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 such Distribution Date to the Holders last day of the preceding Due Period; (viii) the Class Principal Balance of each Class of Regular Certificates (other than the Class P Certificates) allocable after giving effect to interest, separately identifiedpayments allocated to principal above; (iiiix) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Required Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such the close of business on the Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for Date, after giving effect to distributions of principal on such Distribution Date; (ivx) the fees whether a Cumulative Loss Event or a Delinquency Event has occurred 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 relted Due Period; (vii) the 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 related Determination Date is continuing and the number and aggregate Stated Principal Balance of 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 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; (x) 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 Datecalculation thereof; (xi) the aggregate amount of Principal Prepayments made received during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentageamount of all Curtailments that were received during the Due Period; (xiii) the aggregate amount principal portion of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses and the aggregate amount of Subsequent Recoveries all Monthly Payments received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing DateDue Period; (xiv) the aggregate amount interest portion of extraordinary Trust Fund expenses withdrawn from all Monthly Payments received on the Collection Account or Mortgage Loans during the Distribution Account for such Distribution DateDue Period; (xv) the Certificate Principal Balance amount of each Class of Class A Certificates, Mezzanine Certificates the Monthly Advances and the Class C Certificates, before and after giving effect Compensating Interest payment to the distributions, and allocations of Realized Losses, be made on such Distribution the Determination Date; (xvi) the Monthly Interest Distributable Amount in respect of each amount to be distributed to the Class of Class A P Certificates, Mezzanine Certificates Class BIO and Class R Certificateholders, respectively for the Class 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 C Certificates for such Distribution Date; (xvii) the aggregate amount weighted average remaining term to maturity of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by Mortgage Loans and the Servicer pursuant to Section 3.24weighted average Loan Rate as of the first day of the related Due Period; (xviii) the Net WAC Rate Carryover Amount for each Class amount of Class A Certificates all payments or reimbursements to the Servicer pursuant to Sections 3.03(ii) and Mezzanine Certificates, if any, for such Distribution Date and (vi) (as reported by the amount remaining unpaid after reimbursements therefor on such Distribution DateServicer); (xix) whether the Stepdown Date or a Trigger Event has occurred number of Mortgage Loans outstanding at the beginning and at the Realized Loss Percentage for such Distribution Dateend of the related Due Period; (xx) the total cashflows received amount of Liquidation Loan Losses experienced during the preceding Due Period and the general sources thereof (including amounts received from Cumulative Net Losses as a percentage of 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)Cut-Off Date Pool Balance; (xxi) as of the respective Passend of the preceding calendar month, the number and Principal Balance of Mortgage Loans which are 30-Through Rates applicable to each Class 59 days delinquent; the number and Principal Balance of Class A Certificates, Mezzanine Certificates 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 Class C Certificates for such Distribution Date number and the Pass-Through Rate applicable to Principal Balance of Mortgage Loans which are REO Property, each Class of Class A Certificates and Mezzanine Certificates for the immediately succeeding Distribution Dateseparately set forth); (xxii) paymentsfor the Distribution Date in April 2004 and May 2004, the amount, if any, made under on deposit in the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap ContractFirst Payment Loan Account; (xxiii) the amount number and aggregate Principal Balance of any Net Swap Payments Mortgage Loans, other than Mortgage Loans in default or Swap Termination Paymentsimminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer); (xxiv) the applicable Record Datesamount of Net Rate Cap Carryover distributed to each Class of Offered Certificates (other than the Class A-IO Certificates), Accrual Periods stating separately any amounts received from the cap provider with respect to the Interest Rate Cap Agreements, and Determination Dates the amount of Net Rate Cap Carryover remaining for calculating distributions for each such Distribution DateClass; (xxv) the amount on deposit in the Pre-Funding Accounts Net Rate Cap Fund, and the Interest Coverage Accountsamounts of each deposit and withdrawal from such Account; and (xxvi) for each Pre-Funding Distribution Date, the distribution occurring 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 immediately following Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the end 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 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, report as applicable, and that is being distributed to a dollar amount for each Class for each $1 original dollar amount as of the related Class A Certificates as a mandatory distribution of principal, if any, on such Distribution Cut-Off Date. The Trustee will make such statement the Remittance Report (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Certificateholders and the Rating Agencies 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 option options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements 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 to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement 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 theretohereto). 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, upon written request, shall furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder 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 (iiii) and (iiiv) 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 NIMS Insurer and Class R Certificateholders in the Residual same manner as the Remittance Report is made available to all Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificateholders 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, upon request, and each Person who at any time during the calendar year was a Residual 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 Residual 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) 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 Servicer, the Swap Provider and the Rating Agencies, a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage Amount and the Credit Enhancement Percentage as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the 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 relted related Due Period; (vii) the 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 related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDate; (ixviii) the number and aggregate unpaid Stated Principal Balance of Mortgage Loans (not including a Liquidated Mortgage Loan as of the end of the Prepayment Period) that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) using the OTS Method (as described below) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 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; (xix) 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; (xix) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xiixi) the Delinquency Percentage and the Realized Loss Percentage; (xiiixii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and which will include 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 DatePeriod; (xivxiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiv) the Certificate Principal Balance of each Class of Class A Certificates, Mezzanine 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; (xvixv) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine 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 Class A Certificates, Mezzanine Floating Rate Certificates and the Class C Certificates for such Distribution Date; (xviixvi) 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; (xviiixvii) the Net WAC Rate Carryover Amount for each Class of Class A Certificates and Mezzanine Floating Rate Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xixxviii) whether the Stepdown Date or a Trigger Event has occurred and the Realized Loss Percentage for such Distribution Dateoccurred; (xxxix) the total cashflows received and the general sources thereof (including amounts received from the Supplemental Interest Trust Trustee under the Interest Rate Swap Agreement, Agreement and from the Cap Trustee under the Interest Rate Cap Agreement and under the Basis Risk Cap Agreement); (xxixx) the respective Pass-Through Rates applicable to each Class of Class A Certificates, Mezzanine Floating Rate Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Class A Certificates and Mezzanine Floating Rate Certificates for the immediately succeeding Distribution Date; (xxiixxi) payments, if any, made under the Basis Risk Cap Agreement and the Interest Rate Cap Contract Agreement and the amount distributed to each Class of the Floating Rate Certificates from payments made under the Interest Rate Cap Contractsuch payments; (xxiiixxii) the amount of any Net Swap Payments or Swap Termination Payments;Payments paid to the Swap Provider; and (xxivxxiii) the applicable Record DatesDate, Accrual Periods Period and Determination Dates any other applicable determination dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvi) for 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 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 will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Swap Provider and the Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “hw▇▇.▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇▇▇▇”. 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) 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 Delinquent with respect to a Scheduled Monthly Payment due on a Due Date if such Scheduled 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 Scheduled Monthly Payment if such Scheduled Monthly Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due DateDate (the “OTS Method”). The Servicer hereby represents and warrants to the Depositor that it this delinquency recognition policy is not subject to less restrictive than any delinquency recognition policy established by its the primary safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) and (ii) aboveregulator, the amounts shall be expressed in a separate section if any, of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off DateServicer. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and (ii) 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 NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force. (e) On each Distribution Date, the Trustee shall make available an updated electronic loan-level data tape to Bloomberg Financial Markets, Inc., Loan Performance and Intex Solutions in a format acceptable to each of Bloomberg Financial Markets, Inc., Loan Performance and Intex Solutions, and shall supply such electronic loan-level data tape to each Certificateholder who requests such information.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Soundview Home Loan Trust 2007-Opt3), Pooling and Servicing Agreement (Soundview Home Loan Trust 2007-Opt2)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Servicer, the NIMS Insurer, the Servicer indenture trustee under the Indenture and the Rating Agencies, 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 the Servicer or the Swap Counterparty, as to the distributions made on such Distribution Date: (i) the record dates, the accrual period, the determination date and the distribution date; (ii) 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; (iiiii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) ), allocable to interestinterest and the Pass-Through Rates, separately identified; (iiiiv) 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 Amount 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) by Loan Group and in the aggregate amount of Advances for servicing compensation received by the Servicer with respect to the related Due Period (including and such other customary information as the general purpose of such Advances)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (vi) the aggregate Group I Interest Remittance Amount and the Group II Interest Remittance Amount and the Group I Principal Balance of Remittance Amount and the Mortgage Loans and any REO Properties as of the end of the relted Due PeriodGroup II Principal Remittance Amount for such Distribution Date; (vii) the aggregate Principal Balance amount of any 2nd lien Mortgage LoansAdvances and Servicing Advances for the related Due Period, the amount of unrecovered Advances and ▇▇▇▇▇▇▇▇▇ 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 Stated Principal Balanceprincipal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDate; (ixx) by Loan Group and in the aggregate, the number and aggregate unpaid Stated Principal Balance 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 were (A) Delinquent (exclusive any aggregate unpaid principal balance of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 daysshall be reported as of the last day of the related Due Period, (2) 60 to 89 days and (3) 90 or more days, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1e) 30 with respect to 59 dayswhich the related Mortgagor has filed for protection under applicable bankruptcy laws, with respect to whom bankruptcy proceedings are pending or with respect to whom bankruptcy protection is in force; (2xi) 60 with respect to 89 days any Mortgage Loan that became an REO Property during the preceding Prepayment Period, the unpaid principal balance 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 the Principal Balance of such Mortgage Loan as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) date it became an REO Properties, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefromProperty; (xxii) the total number and cumulative Stated Principal Balance principal balance of all REO Properties as of the Close of Business of the last day of the calendar month preceding the related Distribution DatePrepayment Period; (xixiii) by Loan Group and in the aggregate, the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xiixiv) by Loan Group and in the Delinquency Percentage; (xiii) 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 and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing DateLosses; (xivxv) the aggregate amount of extraordinary Extraordinary Trust Fund expenses Expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxvi) the Certificate Principal Balance of each Class of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates, before and after giving effect to the distributionsdistributions made on such Distribution Date, and allocations the Notional Amount of Realized Lossesthe Class C Certificates, after giving effect to the distributions made on such Distribution Date; (xvixvii) the Monthly Interest Distributable Amount in respect of each Class 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 each Class of the Class A Certificates, Mezzanine Certificates and the Class C Mezzanine Certificates for such Distribution Date; (xviixviii) 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; (xviiixix) the Credit Enhancement Percentage for such Distribution Date; (xx) the related Net WAC Rate Carryover Amount for each Class of 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; (xixxxi) the Trustee Fee, the Servicer Fee and the PMI Insurer Fee on such Distribution Date; (xxii) whether the a Stepdown Date or a Trigger Event has occurred and the Realized Loss Percentage for such Distribution Dateoccurred; (xxxxiii) 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)Available Funds; (xxixxiv) the respective Pass-Through Pass‑Through Rates applicable to each Class of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Pass‑Through Rate applicable to each Class of the Class A Certificates and the Mezzanine Certificates for the immediately succeeding Distribution Date; (xxiixxv) paymentsby Loan Group and in the aggregate, if any, made under the Interest Rate Cap Contract and Principal Balance of Mortgage Loans repurchased by the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap ContractSeller; (xxiiixxvi) any other information that is required by the amount of any Net Swap Payments or Swap Termination PaymentsCode and regulations thereunder to be made available to Certificateholders; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxvxxvii) the amount on deposit in the Pre-Funding Accounts 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 Coverage AccountsTrust Trustee or by the Swap Counterparty; and any Counterparty Payments unpaid from prior Distribution Dates; and (xxvixxxii) for the distribution occurring on the Distribution Date immediately following the end of the Funding PeriodGroup I Final Maturity Reserve Amount, the balance 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 Group I Pre-Funding Final Maturity Reserve 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 for such Distribution Date. The Trustee will shall make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the Servicer, the NIMS Insurer, the Credit Risk Manager Swap Counterparty and the Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “h▇▇▇▇://▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇▇▇▇”/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 option options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) and through (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Closing Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and through (ii) 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 Residual Certificates and the NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a Holder of a Residual 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 Residual CertificateholderCertificate. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force. (e) On each Distribution Date the Trustee shall provide Bloomberg Financial Markets, L.P. (“Bloomberg”) CUSIP level factors for each Class of Certificates as of such Distribution Date, using a format and media mutually acceptable to the Trustee and Bloomberg.

Appears in 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) On each Distribution Date, based, as applicable, based on the Mortgage Loan information provided to it by contained in the ServicerRemittance Report, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS Insurer, the Servicer and the Rating Agenciespost on its website at www.ctslink.com, a statement (the "Distribution Date Statement") as to the distributions ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ns made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular CertificatesCertificates allocable to principal, separately identified, allocable to principal identified and the amount of the distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges Charges, Originator Prepayment Charge Payment Amounts and Servicer Prepayment Charge Payment Amounts; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interestinterest or Class CE Distributable Amount, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Targeted Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Monthly Excess Overcollateralized Interest Amount for the Mortgage Pool and Monthly Excess Cashflow Amount for such Distribution Date; (iv) the fees and expenses aggregate amount of servicing compensation received by the Trust Fund accrued and paid on such Distribution Date and to whom such fees and expenses were paidMaster Servicer during the related Collection Period; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Collection Period, cumulative unreimbursed Advances and Servicing Advances and cumulative Nonrecoverable Advances); (vi) the aggregate Principal Balance Pool Balance, at the close of the Mortgage Loans and any REO Properties as of business at the end of the relted Due related Collection Period; (vii) the 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 Interest Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDue Date; (ixviii) the number and aggregate unpaid Stated Principal Balance principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays past due on a contractual basis, (2b) 60 to 89 days and past due on a contractual basis, (3c) 90 or more daysdays past due on a contractual basis, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close close of Business business on the last day of the calendar month preceding such Distribution Date and Date; (Dix) with respect to any Mortgage Loan that became an REO PropertiesProperty during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid Principal Balance of the REO Property as well as of the aggregate principal balance close of Mortgage Loans that were liquidated business on the last Business Day of such calendar month and the net proceeds resulting therefromPrincipal Balance of such Mortgage Loan as of the date it became an REO Property; (x) the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative Stated Principal Balance principal balance of all REO Properties as of the Close close of Business business of the last day of the calendar month preceding the related Distribution DateCollection Period; (xi) separately stated for each Loan Group, the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) separately stated for each Loan Group, the aggregate amount of Realized Losses incurred during the related Prepayment Collection Period and the cumulative amount of Realized Losses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing DateLosses; (xiv) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiii) 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 LossesLosses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts; (xiv) the Accrued Certificate Interest in respect of each Class of Certificates for such Distribution Date and any related Cap Carryover Amounts, and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date; (xvi) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine Certificates and the Class 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 C Certificates for such Distribution Date; (xviixv) 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 3.243.23; (xviiixvi) the Net WAC Rate amount of the Trustee Fee paid; (xvii) the Cap Carryover Amount for each Class of Class A Certificates and Mezzanine CertificatesAmounts distributed on such Distribution Date, if any, for the amounts remaining after giving effect to distributions thereof on such Distribution Date and the amount remaining unpaid of all Cap Carryover Amounts covered by withdrawals from the Reserve Account on such Distribution Date; (xviii) any Overcollateralization Deficiency after reimbursements therefor giving effect to the distribution of principal on such Distribution Date; (xix) whether the Stepdown Date or a Trigger Event has occurred and is continuing, and the cumulative Realized Loss Percentage Losses, as a percentage of the original Pool Balance; (xx) the Available Funds; (xxi) the rate at which interest accrues for each Class of Certificates for such Distribution Date; (xxxxii) the total cashflows received and information contained in the general sources thereof (including amounts received from the Supplemental Interest Trust Trustee under the Interest Rate Swap Agreement, from the Cap Trustee under the Interest Rate Cap Agreement and under the Basis Risk Cap Agreement); (xxi) the respective Pass-Through Rates applicable to each Class of Class A Certificates, 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 Mezzanine Certificates for the immediately succeeding Distribution Date; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions Liquidation Report for such Distribution Date; (xxiii) the aggregate Principal Balance of Mortgage Loans purchased by the Master Servicer, the Originator or the Seller during the related Prepayment Period and indicating the section of this Agreement requiring or allowing the purchase of each such Mortgage Loan; (xxiv) the aggregate Principal Balance of the Mortgage Loans repurchased by the Master Servicer during the related Prepayment Period in connection with Section 3.16; (xxv) the amount of the Credit Risk Manager Fee paid; (xxvi) the Mortgage Loan identifying number of each Mortgage Loan with a Prepayment Charge that was the subject of a Principal Prepayment in full during the related Collection Period, the Prepayment Charge listed on deposit in the Pre-Funding Accounts each related Mortgage Note and the Interest Coverage AccountsPrepayment Charge collected, the Servicer Prepayment Charge Payment Amount paid by the Master Servicer or the Originator Prepayment Charge Payment Amount paid by the Originator with respect to each such Mortgage Loan; (xxvii) the amount of any claims made, and any claims rejected, under the Mortgage Insurance Policy during the related Collection Period and the amount of any claims previously paid that are reimbursed to the Insurer (net of the aggregate amount of Premium paid to the Insurer hereunder) pursuant to Section 3.01; and (xxvixxviii) for the distribution occurring on the Distribution Date immediately following the end amount 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 Recoveries received during the related Class A Certificates as a mandatory distribution of principal, if any, on such Distribution DatePrepayment Period. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager may fully rely upon and the 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting no liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any information with respect to the Mortgage Loan, delinquencies shall be determined by the Trustee from information Loans 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 regulatorsMaster Servicer. In the case of information furnished pursuant to subclauses (i), (ii) and (iixiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, shall furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i), (ii), (xiv) and (iixvii) 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 Residual Certificateholders Class R Certificateholder a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders Class R Certificateholder by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Asset Backed Funding Corp. ABFC Asset Backed Certificates Series 2004-Opt3), Pooling and Servicing Agreement (Abfc Asset-Backed Certificates Series 2004-Opt2)

Statements. (a) On each Distribution Date, based, as applicable, based on the Mortgage Loan information provided to it by contained in the ServicerRemittance Report, the Trustee Securities Administrator shall prepare and make available to each Holder of the Regular Certificates, the NIMS Insurer, the Servicer and the Rating Agencies, a statement (the "Distribution Date Statement") as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular CertificatesCertificates allocable to principal, separately identified, allocable to principal identified and the amount of the distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges Charges, Originator Prepayment Charge Payment Amounts and Servicer Prepayment Charge Payment Amounts; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interestinterest or Class CE Distributable Amount, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Targeted Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Monthly Excess Overcollateralized Interest Amount for the Mortgage Pool and Monthly Excess Cashflow Amount for such Distribution Date; (iv) the fees and expenses aggregate amount of servicing compensation received by the Trust Fund accrued and paid on such Distribution Date and to whom such fees and expenses were paidServicers during the related Collection Period; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Collection Period, cumulative unreimbursed Advances and Servicing Advances and cumulative nonrecoverable Advances); (vi) the aggregate Principal Balance Pool Balance, at the close of the Mortgage Loans and any REO Properties as of business at the end of the relted Due related Collection Period; (vii) the 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 Interest Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDue Date; (ixviii) the number and aggregate unpaid Stated Principal Balance principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays past due on a contractual basis, (2b) 60 to 89 days and past due on a contractual basis, (3c) 90 or more daysdays past due on a contractual basis, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close close of Business business on the last day of the calendar month preceding such Distribution Date and Date; (Dix) REO Properties, as well as the aggregate principal balance number of Mortgage Loans that were liquidated became REO Properties during the preceding calendar month and the net proceeds resulting therefromaggregate 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 Stated Principal Balance principal balance of all REO Properties as of the Close close of Business business of the last day of the calendar month preceding the related Distribution DateCollection Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) the aggregate amount of Realized Losses incurred during the related Prepayment Collection 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 DateLosses; (xiv) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiii) 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 LossesLosses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts; (xiv) the Accrued Certificate Interest in respect of each Class of Certificates for such Distribution Date and any related Cap Carryover Amounts, and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date; (xvi) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine Certificates and the Class 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 C Certificates for such Distribution Date; (xviixv) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Servicer Servicers pursuant to Section 3.24the related Servicing Agreements; (xviiixvi) the Net WAC Rate Cap Carryover Amount for each Class Amounts distributed on such Distribution Date, the amounts remaining after giving effect to distributions thereof on such Distribution Date, the amount of all Cap Carryover Amounts covered by withdrawals from the Class A Certificates Reserve Account and Mezzanine Certificates, if any, for Class M Reserve Account on such Distribution Date and the amount remaining unpaid distributed from the Class A Reserve Account and Class M Reserve Account on such Distribution Date to the Class CE Certificates; (xvii) any Overcollateralization Deficiency after reimbursements therefor giving effect to the distribution of principal on such Distribution Date; (xixxviii) whether the Stepdown Date or a Trigger Event has occurred and is continuing, and the cumulative Realized Loss Percentage Losses, as a percentage of the original Pool Balance; (xix) the Available Funds; (xx) the rate at which interest accrues for each Class of Certificates for such Distribution Date; (xx) 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); (xxi) the respective Pass-Through Rates applicable to each Class aggregate amount of Class A Certificates, 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 Mezzanine Certificates Net Liquidation Proceeds for the immediately succeeding Distribution Daterelated Collection Period; (xxii) payments, if any, made under the Interest Rate Cap Contract aggregate Principal Balance of Mortgage Loans purchased by the Originators or the Seller during the related Prepayment Period and indicating the amount distributed to section of this Agreement requiring the purchase of each Class of Certificates from payments made under the Interest Rate Cap Contractsuch Mortgage Loan; (xxiii) the amount of any Net Swap Payments or Swap Termination Paymentsthe Credit Risk Manager Fee paid; (xxiv) the applicable Record Datesnumber and aggregate Principal Balance of Mortgage Loans that were the subject of a Principal Prepayment in full during the related Prepayment Period, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date;the aggregate Prepayment Charges collected, the Servicer Prepayment Charge Payment Amounts paid by the Servicers or the Originator Prepayment Charge Payment Amounts paid by the Originators; and (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvi) for 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 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 Recoveries received during the related Class A Certificates as a mandatory distribution of principal, if any, on such Distribution DatePrepayment Period. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Securities Administrator may fully rely upon and the 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting no liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any information with respect to the Mortgage Loan, delinquencies shall be determined by the Trustee from information Loans 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 regulatorsMaster Servicer. In the case of information furnished pursuant to subclauses (i), (ii) and (iixiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. The Securities Administrator will make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and other parties to this Agreement via the Securities Administrator's Internet website. The Securities Administrator's Internet website shall initially be located at "▇▇▇.▇▇▇▇▇▇▇.▇▇▇." Assistance in using the website can be obtained by calling the Securities Administrator's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, Securities Administrator shall furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i), (ii), (xiv) and (iixvi) 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 NIMS Insurer and the Residual Certificateholders Class R Certificateholder a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee Securities Administrator deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders Class R Certificateholder by the Trustee Securities Administrator pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (ABFC Asset-Backed Certificates, Series 2004-He1)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Servicer, 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 distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Period; (vi) the aggregate Principal Pool Balance at the Close of the Mortgage Loans and any REO Properties as of Business at the end of the relted related Due Period; (vii) the 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 related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDate; (ixviii) 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) [reserved]; (x) 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 DatePrepayment Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) 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; (xivxiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiv) the Certificate Principal Balance of each Class of Class A Certificates, Mezzanine Floating Rate Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, distributions made on such Distribution Date; (xvixv) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine 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 Class A Certificates, Mezzanine Floating Rate Certificates and the Class C Certificates for such Distribution Date; (xviixvi) 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 Senior Credit Enhancement Percentage for such Distribution Date; (xviii) the Net WAC Rate Carryover Amount for each Class of Class A Certificates and Mezzanine Floating Rate Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether 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 and the Realized Loss Percentage for such Distribution Date; (xx) 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)occurred; (xxi) the Available Funds; (xxii) the respective Pass-Through Rates applicable to each Class of Class A Certificates, Mezzanine Floating Rate Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Class A Certificates and Mezzanine Floating Rate Certificates for the immediately succeeding Distribution Date; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract;; and (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvi) for 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 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 will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager and the 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) 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, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and (ii) 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 NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Soundview Home Loan Trust 2005-Opt3)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Servicer, 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 distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage 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 relted Due Period; (vii) the 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 related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDate; (ixviii) 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 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; (xix) 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; (xix) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xiixi) the Delinquency Percentage and the Realized Loss Percentage; (xiiixii) 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; (xivxiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiv) 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; (xvixv) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine Certificates and the Class 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 C Certificates for such Distribution Date; (xviixvi) 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; (xviiixvii) 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 remaining unpaid after reimbursements therefor on such Distribution Date; (xixxviii) whether the Stepdown Date or a Trigger Event has occurred and the Realized Loss Percentage for such Distribution Dateoccurred; (xxxix) 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)thereof; (xxixx) the respective Pass-Through Rates applicable to each Class of Class A Certificates, 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 Mezzanine Certificates for the immediately succeeding Distribution Date; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiiixxi) the amount of any Net Swap Payments or Swap Termination Payments;; and (xxivxxii) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvi) for 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 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 will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager and the 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) 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 and reported based on the “OTS” methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be Delinquent with respect to a Monthly Payment due on a Due Date if such Monthly Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Monthly Payment if such Monthly Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that this delinquency recognition policy is not less restrictive than any delinquency recognition policy established by the primary safety and soundness regulator, if any, of the Servicer. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and (ii) 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 NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force. (e) On each Distribution Date, the Trustee shall supply an electronic tape to Bloomberg Financial Markets, Inc. in a format acceptable to Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to Loan Performance and Intex Solutions in a format acceptable to Loan Performance and Intex Solutions on a monthly basis.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Soundview Home Loan Trust 2006-Opt3)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the ServicerServicer pursuant to Sections 3.19 and 4.04, 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 distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Period; (vi) the aggregate Principal Pool Balance at the Close of the Mortgage Loans and any REO Properties as of Business at the end of the relted related Due Period; (vii) the 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 related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding Period; (ixviii) 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) [Reserved]; (x) 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 DatePrepayment Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and Period, the cumulative amount of Realized Losses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date; (xivxiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiv) the Certificate Principal Balance of each Class of the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, distributions made on such Distribution Date; (xvixv) the Monthly Interest Distributable Amount in respect of 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 Unpaid Interest Shortfall Amount, if any, with respect to each Class of the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates for such Distribution Date; (xviixvi) 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 3.243.26; (xvii) the Credit Enhancement Percentage for such Distribution Date; (xviii) the Net WAC Rate Carryover Amount for each Class of the Class A Certificates, the Mezzanine Certificates and Mezzanine the Class B Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether 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 and the Realized Loss Percentage for such Distribution Date; (xx) 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)occurred; (xxi) the 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 Mezzanine the Class B Certificates for the immediately succeeding Distribution Date; (xxiixxiii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvixxv) for 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 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 will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Certificateholders and the Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “h"▇▇▇▇://▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇”/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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s 's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) and through (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and through (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Trustee shall make available to the NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Equifirst Mortgage Loan Trust 2004-2)

Statements. (a) On each Distribution Date, based, as applicable, based on the Mortgage Loan information provided to it by contained in the ServicerRemittance Report, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS Insurer, the Servicer and the Rating Agenciespost on its website at www.ctslink.com, a statement (the "Distribution Date Statement") as to the distributions ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ns made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular CertificatesCertificates allocable to principal, separately identified, allocable to principal identified and the amount of the distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges Charges, Originator Prepayment Charge Payment Amounts and Servicer Prepayment Charge Payment Amounts; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interestinterest or Class CE Distributable Amount, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Targeted Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Monthly Excess Overcollateralized Interest Amount for the Mortgage Pool and Monthly Excess Cashflow Amount for such Distribution Date; (iv) the fees and expenses aggregate amount of servicing compensation received by the Trust Fund accrued and paid on such Distribution Date and to whom such fees and expenses were paidServicer during the related Collection Period; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Collection Period, cumulative unreimbursed Advances and Servicing Advances and cumulative Nonrecoverable Advances); (vi) the aggregate Principal Balance Pool Balance, at the close of the Mortgage Loans and any REO Properties as of business at the end of the relted Due related Collection Period; (vii) the 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 Interest Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDue Date; (ixviii) the number and aggregate unpaid Stated Principal Balance principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays past due on a contractual basis, (2b) 60 to 89 days and past due on a contractual basis, (3c) 90 or more daysdays past due on a contractual basis, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close close of Business business on the last day of the calendar month preceding such Distribution Date and Date; (Dix) with respect to any Mortgage Loan that became an REO PropertiesProperty during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid Principal Balance of the REO Property as well as of the aggregate principal balance close of Mortgage Loans that were liquidated business on the last Business Day of such calendar month and the net proceeds resulting therefromPrincipal Balance of such Mortgage Loan as of the date it became an REO Property; (x) the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative Stated Principal Balance principal balance of all REO Properties as of the Close close of Business business of the last day of the calendar month preceding the related Distribution DateCollection Period; (xi) separately stated for each Loan Group, the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) separately stated for each Loan Group, the aggregate amount of Realized Losses incurred during the related Prepayment Collection Period and the cumulative amount of Realized Losses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing DateLosses; (xiv) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiii) 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 LossesLosses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts; (xiv) the Accrued Certificate Interest in respect of each Class of Certificates for such Distribution Date and any related Cap Carryover Amounts, and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date; (xvi) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine Certificates and the Class 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 C Certificates for such Distribution Date; (xviixv) 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 3.243.23; (xviiixvi) the Net WAC Rate Cap Carryover Amount for each Class of Class A Certificates and Mezzanine CertificatesAmounts distributed on such Distribution Date, if any, for the amounts remaining after giving effect to distributions thereof on such Distribution Date and the amount remaining unpaid after reimbursements therefor of all Cap Carryover Amounts covered by withdrawals from the Class A-1 Reserve Account, the Group 2 Reserve Account and Class M/B Reserve Account on such Distribution Date; (xixxvii) any Overcollateralization Deficiency after giving effect to the distribution of principal on such Distribution Date; (xviii) whether the Stepdown Date or a Trigger Event has occurred and is continuing, and the cumulative Realized Loss Percentage Losses, as a percentage of the original Pool Balance; (xix) the Available Funds; (xx) the rate at which interest accrues for each Class of Certificates for such Distribution Date; (xx) 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); (xxi) the respective Pass-Through Rates applicable to each Class of Class A Certificates, Mezzanine Certificates and information contained in the Class C Certificates Liquidation Report for such Distribution Date and the Pass-Through Rate applicable to each Class of Class A Certificates and Mezzanine Certificates for the immediately succeeding Distribution Date; (xxii) paymentsthe aggregate Principal Balance of Mortgage Loans purchased by the Servicer, if any, made under an Originator or the Interest Rate Cap Contract Seller during the related Prepayment Period and indicating the amount distributed to section of this Agreement requiring or allowing the purchase of each Class of Certificates from payments made under the Interest Rate Cap Contractsuch Mortgage Loan; (xxiii) the amount aggregate Principal Balance of any Net Swap Payments or Swap Termination Paymentsthe Mortgage Loans repurchased by the Servicer during the related Prepayment Period in connection with Section 3.16; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Dateamount of the Credit Risk Manager Fee paid; (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 Pre-Funding Accounts each related Mortgage Note and the Interest Coverage AccountsPrepayment Charge collected, the Servicer Prepayment Charge Payment Amount paid by the Servicer or an Originator Prepayment Charge Payment Amount paid by the related Originator with respect to each such Mortgage Loan; and (xxvi) for the distribution occurring on the Distribution Date immediately following the end amount 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 Recoveries received during the related Class A Certificates as a mandatory distribution of principal, if any, on such Distribution DatePrepayment Period. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager may fully rely upon and the 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting no liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any information with respect to the Mortgage Loan, delinquencies shall be determined by the Trustee from information Loans 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 regulatorsServicer. In the case of information furnished pursuant to subclauses (i), (ii) and (iixiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, shall furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i), (ii), (xiv) and (iixvii) 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 Residual Certificateholders Class R Certificateholder a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders Class R Certificateholder by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (ABFC Asset-Backed Certificates, Series 2005-He2)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it the Trust Administrator by the Master Servicer (which in turn shall be based, as applicable, on information provided to the Master Servicer by the Servicer, ) the Trustee Trust Administrator shall prepare and make available to each Holder of the Regular Certificates, the NIMS InsurerCredit Risk Manager, the Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount 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 Pool Balance at the Close of the Mortgage Loans and any REO Properties as of Business at the end of the relted related Due Period; (vii) the 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 related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDate; (ixviii) the number and aggregate unpaid Stated Principal Balance of Mortgage Loans (not including a Liquidated Mortgage Loan as of the end of the Prepayment Period) that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) using the OTS Method (as described below) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 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; (xix) 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; (xix) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiiixi) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses and Period, which will include the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the aggregate amount of Realized Losses incurred since the Closing Date, which will include the cumulative amount of Subsequent Recoveries received since the Closing Date; (xivxii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiii) the Certificate Principal Balance of each Class of Class A Certificates, Mezzanine Floating Rate Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, distributions made on such Distribution Date; (xvixiv) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine the 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 Class A Certificates, Mezzanine Certificates and the Class C Floating Rate Certificates for such Distribution Date; (xviixv) 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; (xviiixvi) the Credit Enhancement Percentage for such Distribution Date; (xvii) the Net WAC Rate Carryover Amount for each Class of Class A Certificates and Mezzanine the Floating Rate Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xixxviii) whether the Stepdown Date or a Trigger Event has occurred occurred, the Delinquency Percentage for such Distribution Date and the Realized Loss Percentage for such Distribution Date; (xxxix) 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); (xxixx) the respective Pass-Through Rates applicable to each Class of Class A Certificates, Mezzanine the Floating Rate Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Class A Certificates and Mezzanine the Floating Rate Certificates for the immediately succeeding Distribution Date; (xxiixxi) payments, if any, made under the Basis Risk Cap Agreement and the Interest Rate Cap Contract Agreement and the amount distributed to each Class of the Floating Rate Certificates from payments made under the Interest Rate Cap Contractsuch payments; (xxiiixxii) the amount of any Net Swap Payments or Swap Termination PaymentsPayments paid to the Swap Provider; (xxivxxiii) the applicable Record DatesDate, Accrual Periods Period and Determination Dates any other applicable determination dates for calculating distributions for such Distribution Date; (xxiv) [reserved]; (xxv) to the extent provided by the Servicer (A) the amount on deposit in of payments received from the Pre-Funding Accounts Servicer related to claims under each PMI Policy during the related Prepayment Period (and the Interest Coverage Accountsnumber of Mortgage Loans to which such payments related) and (B) the cumulative amount of payments received related to claims under each PMI Policy since the Closing Date (and the number of Mortgage Loans to which such payments related); and (xxvi) for to the distribution occurring on extent provided by the Distribution Date immediately following Servicer (A) the end dollar amount of claims made under each PMI Policy that were denied (as identified by the Servicer) during the Prepayment Period (and the number of Mortgage Loans to which such denials related) and (B) the dollar amount of the Funding Period, cumulative claims made under each PMI Policy that were denied since the balance on deposit in Closing Date (and the Group I Pre-Funding Account and/or the Group II Pre-Funding Account that has not been used to purchase Subsequent Group I number of 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 which such Distribution Datedenials related). The Trustee Trust Administrator will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS InsurerMaster Servicer, the Credit Risk Manager Servicer, the Depositor and the Rating Agencies via the TrusteeTrust Administrator’s internet website. The TrusteeTrust Administrator’s internet website shall initially be located at “h▇▇▇▇://▇▇▇.▇▇▇.▇▇▇▇.▇▇▇/▇▇▇▇”. 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 option options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee Trust Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee Trust Administrator shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to 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 Distribution Date distribution date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) 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 . For all purposes of time after this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the end of each calendar year, Trust Administrator from information provided by the Trustee shall, upon written request, furnish Servicer and reported by the Trust Administrator based on the “OTS” methodology for determining delinquencies on mortgage loans similar to the NIMS Insurer 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 each Person who at a Mortgage Loan would be more than 30-days Delinquent with respect to such Monthly Payment if such Monthly Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that this delinquency recognition policy is not less restrictive than any time during delinquency recognition policy established by the calendar year was a Certificateholder of a Regular Certificateprimary safety and soundness regulator, if requested in writing by such Personany, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and (ii) 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 timeServicer. (c) On each Distribution Date, the Trustee shall make available to the NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Soundview Home Loan Trust 2006-Eq2)

Statements. (a) On each Distribution Date, based, as applicable, on the Mortgage Loan information provided to it by contained in the ServicerRemittance Report, the Trustee Securities Administrator shall prepare and make available to each Holder of the Regular Certificateson its internet website, the NIMS Insurer, the Servicer and the Rating Agencies, initially located at "▇▇▇.▇▇▇▇▇▇▇.▇▇▇," a statement (a "Distribution Date Statement") as to the distributions to be made on such Distribution Date: (i) the Principal Distribution Amount and the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular CertificatesCertificates allocable to principal, separately identified, allocable to principal identified and the amount of the distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts; (ii) the Interest Remittance Amount and the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interestinterest or Class CE Distributable Amount, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Overcollateralization 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 Amount as of such Distribution Date and the Monthly Excess Overcollateralized Cashflow Amount for the Mortgage Pool for such Distribution Date; (iv) the fees and expenses aggregate amount of servicing compensation received by the Trust Fund accrued and paid on such Distribution Date and to whom such fees and expenses were paidServicer during the related Collection Period; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Period; (vi) the aggregate Principal Pool Balance at the close of the Mortgage Loans and any REO Properties as of business at the end of the relted related Due Period; (vii) the 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 Interest Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDue Date; (ixviii) the number and aggregate unpaid Stated Principal Balance principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays past due on a contractual basis, (2b) 60 to 89 days and past due on a contractual basis, (3c) 90 or more daysdays past due on a contractual basis, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close close of Business business on the last day of the calendar month preceding such Distribution Date and Date; (Dix) with respect to any Mortgage Loan that became an REO PropertiesProperty during the preceding calendar month, as well as the aggregate loan number of such Mortgage Loan, the unpaid principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefromPrincipal Balance of such Mortgage Loan as of the date it became an REO Property; (x) cumulatively, the total number and cumulative Stated Principal Balance principal balance of all REO Properties as of the Close close of Business business of the last day of the calendar month preceding the related Distribution DateCollection Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) the aggregate amount of Realized Losses incurred during the related Prepayment Period Collection 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 DateCumulative Realized Loss Percentage; (xiv) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiii) 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 LossesLosses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts, and the Notional Amount of the Class AIO Certificates for that Distribution Date; (xiv) the Accrued Certificate Interest in respect of each Class of Offered 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; (xvi) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine Certificates and the Class 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 C Certificates for such Distribution Date; (xviixv) 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 3.243.23, and the amount of Relief Act Shortfalls applied to reduce the Interest Remittance Amount for each Class for such Distribution Date; (xvi) the amount of the Securities Administration Fee paid; (xvii) the aggregate amount of the Credit Risk Manager Fee paid; (xviii) any Overcollateralization Deficiency Amount after giving effect to the Net WAC Rate Carryover Amount for each Class distributions of Class A Certificates and Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor principal on such Distribution Date; (xix) whether the Stepdown Date or a Trigger Event has occurred and is continuing; (xx) the Realized Loss Percentage Available Funds; (xxi) the Pass-Through Rate at which interest accrues for each Class of Certificates for such Distribution Date and the Formula Rate at which interest will accrue for such Class (other than the Class A-1, and AIO Certificates and, for the first 24 Distribution Dates, the Class A-2 Certificates) for the next Distribution Date, and the Pass-Through Rate for the Class A-1, Class A-2 and Class AIO Certificates for the next Distribution Date; (xxii) the Liquidation Report for such Distribution Date; (xx) 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); (xxi) the respective Pass-Through Rates applicable to each Class of Class A Certificates, 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 Mezzanine Certificates for the immediately succeeding Distribution Date; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount aggregate Principal Balance of any Net Swap Payments Mortgage Loans purchased by the Seller during the related Collection Period and indicating the Section of this Agreement requiring or Swap Termination Paymentsallowing the purchase of each such Mortgage Loan; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Dateaggregate Principal Balance of the Mortgage Loans repurchased by the Depositor during the related Collection Period in connection with Section 3.16; (xxv) the amount of Unpaid Interest Shortfall Amount and Net WAC Rate Carryover Amount payable on deposit each Class for such Distribution Date, separately identifying the portion of each that consists of interest accrued on previous such amounts, the amounts paid on each Class on such Distribution Date in the Pre-Funding Accounts respect of such items, and the amount of Unpaid Interest Coverage AccountsShortfall Amount and Net WAC Rate Carryover Amount that will be payable on each Class on the next Distribution Date; and (xxvi) for the distribution occurring on amount of all reimbursements of Realized Losses previously allocated to reduce the Distribution Date immediately following the end Certificate Principal Balance of the Funding Period, the balance on deposit in the Group I Pre-Funding Account and/or the Group II Pre-Funding Account any Class of Certificates 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, were reimbursed on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager and the Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “h▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇▇▇▇”remaining amount of any Realized Losses that have been so allocated and not yet reimbursed, for each Class. Assistance in using the Securities Administrator's 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee Securities Administrator shall have the right to change the way such statements reports are distributed in order to make such distribution more convenient and/or more accessible to the above parties parties, and the Trustee Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changeschange. As a condition The Securities Administrator's obligations pursuant to access this Section 4.06 are limited to the Trustee’s internet website, extent of its receipt of all necessary information from the Trustee may require registration and the acceptance of a disclaimerServicer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee Securities Administrator may fully rely upon and shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting have no liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any information with respect to the Mortgage Loan, delinquencies shall be determined by the Trustee from information Loans 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 regulatorsServicer. In the case of information furnished pursuant to subclauses (i) and through (iiiii) above, the amounts shall be expressed in a separate section Section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, shall furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i), (ii), (xi), (xii), (xxiii) and (iixxiv) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder, plus other information as the Securities Administrator may determine and advise the Trustee to be necessary and/or to be required by the Internal Revenue Service or by federal or state laws, rules or regulations to enable such Certificateholders to prepare their tax returns for such calendar year. Such obligation obligations of the Trustee and the Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee or the Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Trustee Securities Administrator shall make available on its website the same information to the NIMS Insurer and the Residual Class R Certificateholders a copy of the reports forwarded as that provided to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee Securities Administrator deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Class R Certificateholders by the Trustee Securities Administrator pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Asset Backed Funding Corp)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it the Trustee by the Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS InsurerCredit Risk Manager, the Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount 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 Pool Balance at the Close of the Mortgage Loans and any REO Properties as of Business at the end of the relted related Due Period; (vii) the 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 related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDate; (ixviii) the number and aggregate unpaid Stated Principal Balance of Mortgage Loans (not including a Liquidated Mortgage Loan as of the end of the Prepayment Period) that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) using the OTS Method (as described below) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 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; (xix) 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; (xix) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiiixi) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses and Period, which will include the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the aggregate amount of Realized Losses incurred since the Closing Date, which will include the cumulative amount of Subsequent Recoveries received since the Closing Date; (xivxii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiii) the Certificate Principal Balance of each Class of Class A Certificates, Mezzanine Floating Rate Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, distributions made on such Distribution Date; (xvixiv) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine the 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 Class A Certificates, Mezzanine Certificates and the Class C Floating Rate Certificates for such Distribution Date; (xviixv) 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; (xviiixvi) the Credit Enhancement Percentage for such Distribution Date; (xvii) the Net WAC Rate Carryover Amount for each Class of Class A Certificates and Mezzanine the Floating Rate Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xixxviii) whether the Stepdown Date or a Trigger Event has occurred occurred, the Delinquency Percentage for such Distribution Date and the Realized Loss Percentage for such Distribution Date; (xxxix) 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); (xxixx) the respective Pass-Through Rates applicable to each Class of Class A Certificates, Mezzanine the Floating Rate Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Class A Certificates and Mezzanine the Floating Rate Certificates for the immediately succeeding Distribution Date; (xxiixxi) payments, if any, made under the Basis Risk Cap Agreement and the Interest Rate Cap Contract Agreement and the amount distributed to each Class of the Floating Rate Certificates from payments made under the Interest Rate Cap Contractsuch payments; (xxiiixxii) the amount of any Net Swap Payments or Swap Termination PaymentsPayments paid to the Swap Provider; (xxivxxiii) the applicable Record DatesDate, Accrual Periods Period and Determination Dates any other applicable determination dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvixxiv) for the distribution occurring on amount of income and gain realized from the investment of funds deposited in the Distribution Date immediately following Account during the end of the 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 Float Period for such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager and the Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “h▇▇▇▇://▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇▇▇▇/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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) 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 and reported based on the “OTS” methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be Delinquent with respect to a Monthly Payment due on a Due Date if such Monthly Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Monthly Payment if such Monthly Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that this delinquency recognition policy is not less restrictive than any delinquency recognition policy established by the primary safety and soundness regulator, if any, of the Servicer. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and (ii) 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 NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Soundview Home Loan Trust 2006-Eq1)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, 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 NIMS Trustee, the Master Servicer, the Certificate Insurer, the Servicer NIMS Insurer and the Rating Agencies, a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts;; 121 (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) ), allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool Pool, for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) reserved; (vi) 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 relted Due Period; (vii) the aggregate Stated Principal Balance of any 2nd lien the Mortgage LoansLoans at the Close of Business at the end of the related Due Period; (viii) the number, aggregate Stated Principal Balanceprincipal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDate; (ix) the number and aggregate unpaid Stated Principal Balance principal balance of Mortgage Loans that were (Aa) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to delinquent 30-59 days, (2b) 60 to delinquent 60-89 days and days, (3c) delinquent 90 or more daysdays in each case, as of the last day of the preceding calendar month provided, however that any aggregate unpaid principal balance of Mortgage Loans shall be reported as of the last day of the related Due Period, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1e) 30 with respect to 59 dayswhich the related Mortgagor has filed for protection under applicable bankruptcy laws, (2) 60 with respect to 89 days and (3) 90 whom bankruptcy proceedings are pending or more days, (C) with respect to whom bankruptcy protection is in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefromforce; (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 Stated Principal Balance principal balance of all REO Properties as of the Close of Business of the last day of the calendar month preceding the related Distribution DatePrepayment Period; (xixii) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) by Loan Group and in the aggregate, 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 DateLosses; (xiv) the aggregate amount of extraordinary Extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xv) the Certificate Principal Balance of each Class of the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates, before and after giving effect to the distributionsdistributions made on such Distribution Date (separately identifying any reduction thereof due to the receipt of a Guaranteed Distributions Shortfall in respect of principal in the case of the Class I-A1 Certificates), and allocations the Notional Amount of Realized Lossesthe 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 the Class A 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 each Class of the Class A Certificates, the Mezzanine Certificates and the Class C 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 each Class of the Class A Certificates, the Mezzanine Certificates and Mezzanine the Class B Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xixxx) the Trustee Fee on such Distribution Date; (xxi) whether the a Stepdown Date or a Trigger Event has occurred and the Realized Loss Percentage for such Distribution Dateoccurred; (xxxxii) 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)Available Funds; (xxixxiii) the respective Pass-Through Rates applicable to each Class of the Class A Certificates, the 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 the Class A Certificates, the Mezzanine Certificates and Mezzanine the Class B Certificates for the immediately succeeding Distribution Date; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments;; 123 (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Datereserved; (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 Pre-Funding Accounts Reserve Fund; (A) the dollar amount of payments received related to claims under the PMI Policy during the related Prepayment Period (and the Interest Coverage Accountsnumber of Mortgage Loans to which such payments related) and (B) the aggregate dollar amount of payments received related to claims under the PMI Policy since the Cut-off Date (and the number of Mortgage Loans to which such payments related); (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); (xxix) for such Distribution Date, the amount of any payment made by the Cap Provider under each of the Cap Agreements; (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 amount of any Guaranteed Distributions Shortfall for such Distribution Date, separately identifying the portion of such payment allocable to interest and principal; and (xxvixxxii) the amount of the Reimbursement Amount for the distribution occurring on the such Distribution Date immediately following and the end of amount received by the Funding Period, the balance on deposit Certificate Insurer 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, respect thereof on such Distribution Date. The Trustee will shall make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Master Servicer, the Certificate Insurer, the Credit Risk Manager NIMS Insurer and the Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “h▇▇▇▇://▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇”/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 option options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to Notwithstanding the Trustee’s internet websiteway such statements are distributed as provided above, 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 transmit by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar electronic mail to the Mortgage Loans. By way of exampleCertificate Insurer at ▇▇▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇, 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 no later than each Distribution Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if statements for such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Distribution 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. 124 In the case of information furnished pursuant to subclauses (i) and through (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Closing Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Certificate Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by the Certificate Insurer or such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and through (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Trustee shall make available forward to the Holders of the Residual Certificates and the NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a Holder of a Residual 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 Residual CertificateholderCertificate. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force. (e) On each Distribution Date the Trustee shall provide Bloomberg Financial Markets, L.P. ("Bloomberg") CUSIP level factors for each Class of Certificates as of such Distribution Date, using a format and media mutually acceptable to the Trustee and Bloomberg.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Long Beach Mortgage Loan Trust 2004-4, Asset-Backed Certs., Series 2004-4)

Statements. (a) 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 Master Servicer, the NIMS Insurer, the Servicer Swap Counterparty, and the Rating Agencies, a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) ), allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) by Loan Group and in the fees aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the Group I Interest Remittance Amount, the Group II Interest Remittance Amount, the Group I Principal Remittance Amount and the Group II Principal Remittance Amount for such Distribution Date; (vi) the aggregate amount of Advances for the related Due Period Period, the amount of unrecovered Advances (including after giving effect to Advances made on the general purpose Distribution Date) outstanding and the amount of Nonrecoverable Advances for such Advances); (vi) the aggregate Principal Balance of the Mortgage Loans and any REO Properties as of the end of the relted Due PeriodDistribution Date; (vii) the aggregate Stated Principal Balance of any 2nd lien 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; (viii) the number, aggregate Stated Principal Balanceprincipal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDate; (ix) by Loan Group and in the aggregate, the number and aggregate unpaid Stated Principal Balance 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 were (A) Delinquent (exclusive any aggregate unpaid principal balance of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 daysshall be reported as of the last day of the related Due Period, (2) 60 to 89 days and (3) 90 or more days, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1e) 30 with respect to 59 dayswhich the related Mortgagor has filed for protection under applicable bankruptcy laws, (2) 60 with respect to 89 days and (3) 90 whom bankruptcy proceedings are pending or more days, (C) with respect to whom bankruptcy protection is in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefromforce; (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 Stated Principal Balance principal balance of all REO Properties as of the Close of Business of the last day of the calendar month preceding the related Distribution DatePrepayment Period; (xixii) by Loan Group and in the aggregate, the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) by Loan Group and in the aggregate, 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 DateLosses; (xiv) the aggregate amount of extraordinary Extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xv) the Certificate Principal Balance of each Class of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates, before and after giving effect to the distributionsdistributions made on such Distribution Date, and allocations the Notional Amount of Realized Lossesthe 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 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 each Class of the Class A Certificates, Mezzanine Certificates and the Class C Mezzanine Certificates for such Distribution Date; (xvii) by Loan Group and in the aggregate, 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 each Class of 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; (xixxx) the Trustee Fee on such Distribution Date; (xxi) whether the a Stepdown Date or a Trigger Event has occurred and the Realized Loss Percentage for such Distribution Dateoccurred; (xxxxii) 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)Available Funds; (xxixxiii) the respective Pass-Through Pass‑Through Rates applicable to each Class of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Pass‑Through Rate applicable to each Class of the Class A Certificates and the Mezzanine Certificates for the immediately succeeding Distribution Date; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) by Loan Group and in the applicable Record Datesaggregate, Accrual Periods and Determination Dates for calculating distributions for such Distribution Datethe Principal Balance of Mortgage Loans repurchased by the Seller; (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 Pre-Funding Accounts Reserve Fund; (A) the dollar amount of payments received related to claims under the PMI Policy during the related Prepayment Period (and the Interest Coverage Accountsnumber of Mortgage Loans to which such payments related) and (B) the aggregate dollar amount of payments received related to claims under the PMI Policy since the Cut-off Date (and the number of Mortgage Loans to which such payments related); (xxviii) (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); (xxix) 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; (xxx) 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 Trust or by the Swap Counterparty; and any Counterparty Payments unpaid from prior Distribution Dates; and (xxvixxxi) for the distribution occurring on the Distribution Date immediately following the end of the Funding PeriodGroup I Final Maturity Reserve Amount, the balance 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 Group I Pre-Funding Final Maturity Reserve Account and/or for such Distribution Date and on the Group II Pre-Funding Account that has not been used to purchase Subsequent Group I Mortgage Loans and/or Subsequent Group II Mortgage Loansearlier of the Distribution Date in September 2035 and the termination of the Trust Fund, as applicable, and that is being the amount distributed to each class of the related Class A Certificates as a mandatory distribution of principal, if any, on such Distribution Datefrom the Final Maturity Reserve Account. The Trustee will shall make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the Master Servicer, the NIMS Insurer, the Credit Risk Manager Swap Counterparty and the Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “h▇▇▇▇://▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇▇▇▇”/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 option options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) and through (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Closing Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and through (ii) 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 Residual Certificates and the NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a Holder of a Residual 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 Residual CertificateholderCertificate. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force. (e) On each Distribution Date the Trustee shall provide Bloomberg Financial Markets, L.P. (“Bloomberg”) CUSIP level factors for each Class of Certificates as of such Distribution Date, using a format and media mutually acceptable to the Trustee and Bloomberg.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Long Beach Mortgage Loan Trust 2005-3 Asset-Backed Certificates, Series 2005-3)

Statements. (a) On each Distribution Date, based, as applicable, based on the Mortgage Loan information provided to it by contained in the ServicerRemittance Report, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS Insurer, the Servicer and the Rating Agenciespost on its website at ▇▇▇.▇▇▇▇▇▇▇.▇▇▇, a statement (the "Distribution Date Statement") as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular CertificatesCertificates allocable to principal, separately identified, allocable to principal identified and the amount of the distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges Charges, Originator Prepayment Charge Payment Amounts and Servicer Prepayment Charge Payment Amounts; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interestinterest or Class CE Distributable Amount, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Targeted Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Monthly Excess Overcollateralized Interest Amount for the Mortgage Pool and Monthly Excess Cashflow Amount for such Distribution Date; (iv) the fees and expenses aggregate amount of Servicing Fees received by the Trust Fund accrued and paid on such Distribution Date and to whom such fees and expenses were paidServicer during the related Collection Period; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Collection Period, cumulative unreimbursed Advances and Servicing Advances and cumulative Nonrecoverable Advances); (vi) the aggregate Principal Balance Pool Balance, at the close of the Mortgage Loans and any REO Properties as of business at the end of the relted Due related Collection Period; (vii) the 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 Interest Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDue Date; (ixviii) the number and aggregate unpaid Stated Principal Balance principal balance of Mortgage Loans that were (Aa) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) as to which the Monthly Payment is delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (Bb) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (Cc) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more daysbankruptcy, in each case as of the Close close of Business business on the last day of the calendar month preceding such Distribution Date and Date; (Dix) with respect to any Mortgage Loan that became an REO PropertiesProperty during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid Principal Balance of the REO Property as well as of the aggregate principal balance close of Mortgage Loans that were liquidated business on the last Business Day of such calendar month and the net proceeds resulting therefromPrincipal Balance of such Mortgage Loan as of the date it became an REO Property; (x) the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative Stated Principal Balance principal balance of all REO Properties as of the Close close of Business business of the last day of the calendar month preceding the related Distribution DateCollection Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) the aggregate amount of Realized Losses incurred during the related Prepayment Collection 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 DateLosses; (xiv) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiii) 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 LossesLosses or Applied Realized Loss Amount, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amount; (xiv) the Accrued Certificate Interest in respect of each Class of Certificates for such Distribution Date and any related Cap Carryover Amounts, and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date; (xvi) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine Certificates and the Class 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 C Certificates for such Distribution Date; (xviixv) 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 3.243.21; (xviiixvi) only for so long as the Trust is subject to the Exchange Act reporting requirements, the Interest Rate Swap Agreement's "significance percentage" of the Pool Balance; (xvii) the Net WAC Rate Cap Carryover Amount for each Class of Class A Certificates and Mezzanine CertificatesAmounts distributed on such Distribution Date, if any, for the amounts remaining after giving effect to distributions thereof on such Distribution Date and the amount remaining unpaid of all Cap Carryover Amounts covered by withdrawals from the Cap Carryover Reserve Account on such Distribution Date; (xviii) any Overcollateralization Deficiency after reimbursements therefor giving effect to the distribution of principal on such Distribution Date; (xix) whether the Stepdown Date or a Trigger Event has occurred and is continuing, and the cumulative Realized Loss Percentage Losses, as a percentage of the original Pool Balance; (xx) the Available Funds; (xxi) the rate at which interest accrues for each Class of Certificates for such Distribution Date; (xxxxii) the total cashflows received and information contained in the general sources thereof (including amounts received from the Supplemental Interest Trust Trustee under the Interest Rate Swap Agreement, from the Cap Trustee under the Interest Rate Cap Agreement and under the Basis Risk Cap Agreement); (xxi) the respective Pass-Through Rates applicable to each Class of Class A Certificates, Mezzanine Certificates and the Class C Certificates Liquidation Report for such Distribution Date and the Pass-Through Rate applicable to each Class of Class A Certificates and Mezzanine Certificates for the immediately succeeding Distribution Date; (xxiixxiii) payments, if any, made under the Interest Rate Cap Contract aggregate Principal Balance of Mortgage Loans purchased by the Originator or the Sponsor during the related Prepayment Period and indicating the amount distributed to section of this Agreement requiring or allowing the purchase of each Class of Certificates from payments made under the Interest Rate Cap Contractsuch Mortgage Loan; (xxiiixxiv) [Reserved]; (xxv) the amount of the Credit Risk Manager Fee paid; (xxvi) the Mortgage Loan identifying number of each Mortgage Loan with a Prepayment Charge that was the subject of a Principal Prepayment in full during the related Collection Period, the Prepayment Charge listed on each related Mortgage Note and the Prepayment Charge collected, the Servicer Prepayment Charge Payment Amount paid by the Servicer or the Originator Prepayment Charge Payment Amount paid by the Originator with respect to each such Mortgage Loan; (xxvii) the amount of Subsequent Recoveries received during the related Prepayment Period; (xxviii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvixxix) the amount of Prepayment Interest Excess retained by the Servicer for the distribution occurring on the Distribution Date immediately following the end of the Funding related Prepayment 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 will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager and the 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for For purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this AgreementStatements, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer shall determine and reported by the Trustee report delinquencies based on the OTS so-called "OTS" methodology for irrespective of the method of determining delinquencies on mortgage loans similar to utilized by the Mortgage LoansServicer. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Monthly Payment due on a Due Date if such Scheduled Monthly Payment is not made by the close of business on the Mortgage Loan’s 's next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent delinquent with respect to such Scheduled Monthly Payment if such Scheduled Monthly Payment were not made by the close of business on the Mortgage Loan’s 's second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it this delinquency recognition policy is not subject to less restrictive than any delinquency recognition policy established by its the primary safety and soundness regulatorsregulator, if any, of the Servicer. The Trustee may fully rely upon and shall have no liability with respect to information with respect to the Mortgage Loans provided by the Servicer. In the case of information furnished pursuant to subclauses (i), (ii) and (iixiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, shall furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i), (ii) and (iixiv) 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 NIMS Insurer and the Residual Certificateholders Class R Certificateholder a copy of the reports forwarded made available to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders Class R Certificateholder by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Asset Backed Funding Corp)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Servicer, 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 distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Period; (vi) the aggregate Principal Pool Balance at the Close of the Mortgage Loans and any REO Properties as of Business at the end of the relted related Due Period; (vii) the aggregate Principal Balance of any 2nd lien Mortgage Loans; (viii) the number, aggregate Stated Principal Balanceprincipal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDate; (ixviii) the number and aggregate unpaid Stated Principal Balance 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) [reserved]; (x) the total number and cumulative Stated Principal Balance principal balance of all REO Properties as of the Close of Business of the last day of the calendar month preceding the related Distribution DatePrepayment Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) 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 DateLosses; (xivxiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiv) the Certificate Principal Balance of each Class of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, distributions made on such Distribution Date; (xvixv) 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 each Class of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date; (xviixvi) 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 3.243.26; (xvii) the Credit 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 remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether 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 and the Realized Loss Percentage for such Distribution Date; (xx) 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)occurred; (xxi) the Available Funds; and (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-Pass- Through Rate applicable to each Class of Class A Certificates and each Class of Mezzanine Certificates for the immediately succeeding Distribution Date; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvi) for 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 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 will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Certificateholders and the 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s 's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) and through (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and through (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Trustee shall make available to the NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Financial Asset Sec Corp Asset Backed Certs Series 2002-1)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Servicer, the Trustee Securities Administrator shall prepare and make available to the Trustee, each Holder of the Regular CertificatesCertificateholder, the NIMS InsurerSeller, the Master Servicer and the Rating Agencies, a statement based, as applicable, on loan-level information obtained from the Servicer pursuant to the provision by the Servicer of its Remittance Report (the “Distribution Date Statement”) as to the distributions to be made or made, as applicable, on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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 Amountsprincipal; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess CashflowSenior Percentage, the Overcollateralized AmountSenior Prepayment Percentage, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Subordinate Percentage and the Credit Enhancement Subordinate Prepayment Percentage as of such Distribution Date and the Excess Overcollateralized Amount with respect to each Loan Group for the Mortgage Pool for such following Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Servicer during the related Due Period (without taking into account any reduction thereof in respect of Compensating Interest) and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including and the general purpose amount of such unreimbursed Advances); (vi) the Special Hazard Loss Coverage Amount, the Fraud Loss Coverage Amount and the Bankruptcy Loss Coverage Amount, each as of the related Determination Date; (vii) the 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 and any REO Properties as at the Close of Business at the end of the relted related Due Period; (viiix) for each Loan Group, the aggregate Principal Balance of any 2nd lien the One-Year LIBOR Indexed Mortgage LoansLoans at the Close of Business at the end of the related Due Period; (viiix) [RESERVED]; (xi) for each Loan Group the number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Loan Rate of the related Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDue Date; (ixxii) the number and aggregate unpaid Stated Principal Balance of Mortgage Loans that were (A) Delinquent (exclusive principal balance of Mortgage Loans in bankruptcy or foreclosure the aggregate and REO Properties) for each Loan Group (1a) 30 to 59 daysdays Delinquent, (2b) 60 to 89 days and Delinquent, (3c) 90 or more daysdays Delinquent, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more daysbankruptcy, in each case as of the close of business on the last day of the preceding calendar month; (xiii) the book value of any REO Property as of the Close of Business on the last day Business Day of the calendar month preceding such the Distribution Date and (D) REO PropertiesDate, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefrom; (x) and, cumulatively, the total number and cumulative Stated Principal Balance principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the calendar month preceding the related Distribution DateDue Period; (xixiv) the aggregate amount of Principal Prepayments 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, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiiixv) the aggregate amount of Realized Losses incurred during the related Prepayment Due 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 DateLosses; (xivxvi) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xv) the Class Certificate Principal Balance or Class Certificate Notional Amount of each Class of Class A Certificates, Mezzanine Certificates and the Class C Certificates, before and Apportioned Principal Balances of the Subordinate Certificates after giving effect to the distributionsany distributions made thereon, and allocations of Realized Losses, made on such Distribution Date; (xvixvii) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine Certificates and the Class C Certificates for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date; (xviii) the aggregate amount of any Net Interest Shortfalls, the Unpaid Interest Shortfall Amount, if any, and the Interest Shortfall for such Distribution Date; (xix) the Available Funds with respect to each Loan Group; (xx) the Pass-Through Rate for each Class of Class A Certificates, Mezzanine Certificates and the Class C Certificates for such Distribution Date; (xviixxi) the aggregate amount Principal Balance of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments Mortgage Loans purchased hereunder by the Servicer pursuant to Seller during the related Due Period, and indicating the relevant 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 remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether the Stepdown Date or a Trigger Event has occurred and the Realized Loss Percentage for such Distribution Date; (xx) the total cashflows received and the general sources thereof (including amounts received from the Supplemental Interest Trust Trustee under the Interest Rate Swap this Agreement, from as applicable, requiring or allowing the Cap Trustee under the Interest Rate Cap Agreement and under the Basis Risk Cap Agreement); (xxi) the respective Pass-Through Rates applicable to purchase of each Class of Class A Certificates, 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 Mezzanine Certificates for the immediately succeeding Distribution DateMortgage Loan; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed of any Principal Deficiency Amounts or Accrued Interest Amounts paid to each Class of Certificates from payments made under the Interest Rate Cap Contractan Undercollateralized Group or amounts paid pursuant to Section 5.01(f)(i); (xxiii) the amount of any Net Swap Payments or Swap Termination PaymentsBasis Risk Shortfall, if any, and the related accrued interest thereon, with respect to the LIBOR Certificates; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date;current Recoveries allocable to each Loan Group; and (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvi) for the distribution occurring on cumulative Recoveries allocable to each Loan Group. The Securities Administrator will make 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 will make such statement Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Certificateholders and the Rating Agencies other parties to this Agreement via the TrusteeSecurities Administrator’s internet website. The TrusteeSecurities Administrator’s internet website shall initially be located at “h▇▇▇.▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇▇▇▇”. 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee Securities Administrator shall have the right to change the way such statements reports are distributed in order to make such distribution more convenient and/or more accessible to the above parties parties, and the Trustee Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changeschange. As a condition The Securities Administrator’s obligations pursuant to access this Section 5.04 are limited to the Trustee’s internet website, extent of its receipt of all necessary information from the Trustee may require registration and the acceptance of a disclaimerServicer. The Trustee will not be liable for and the dissemination of information in accordance with this Agreement. The Trustee Securities Administrator may fully rely upon and shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting have no liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulatorsServicer. 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 Off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee Securities Administrator shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and (ii) 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 NIMS Insurer Bloomberg Financial Markets, Inc. in a format acceptable to Bloomberg Financial Markets, Inc. on a monthly basis, and the Residual Certificateholders shall supply an electronic tape to Loan Performance and Intex Solutions in a copy of the reports forwarded format acceptable to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriateLoan Performance and Intex Solutions on a monthly 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, no written notice shall be required. No later than March 15th of each year in which such written notice is provided by the Trustee shall deliver Servicer to the NIMS InsurerSecurities Administrator, upon requestthe Securities Administrator shall sign a certification (in the form attached hereto as Exhibit P), and each Person who at any time during for the calendar year was a 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 Residual 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 and furnished to Certificateholders by the Trustee pursuant to any requirements Form 10-K Certification, regarding certain aspects of the Code as from time to time in forceForm 10-K Certification.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Provident Funding Mortgage Loan Trust 2005-1)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS Insurer, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, Certificates allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Period; (vi) the aggregate Principal Balance amount of interest and scheduled principal received or advanced by the Mortgage Loans and any REO Properties as of Master Servicer with respect to the end of the relted related Due Period; (vii) with respect to each Loan Group, the aggregate Principal Balance related group balance at the Close of any 2nd lien Mortgage LoansBusiness at the end of the related Due Period; (viii) the number, aggregate Stated Principal Balanceprincipal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance principal balance of all Subsequent Mortgage Loans added during the Funding preceding Prepayment Period; (ix) the number and aggregate unpaid Stated Principal Balance 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; (x) the total number and cumulative Stated Principal Balance 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 calendar month preceding the related Distribution DatePrepayment Period; (xixii) the aggregate amount of Principal Prepayments in full, the aggregate amount of Principal Prepayments in part and Net Liquidation Proceeds made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized 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 DateLosses; (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 each Class of Class A Certificates, each class of Mezzanine Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, distributions made on such Distribution Date; (xvi) the Monthly Interest Distributable Amount in respect of each Class 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 each Class of 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 3.243.26; (xviii) the Senior Credit Enhancement Percentage and the Class A-6 Credit Enhancement Percentage for such Distribution Date; (xix) the Net WAC Rate Carryover Amount for each Class 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; (xixxx) whether the Stepdown Date or a Trigger Event has occurred amounts due, and the Realized Loss Percentage for such Distribution Date; (xx) 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 each Cap Trustee under the Interest Rate Cap Agreement and under the Basis Risk Cap Agreement)Contract; (xxi) when the Stepdown Date, a Trigger Event or a Sequential Trigger Event is in effect; (xxii) the Available Funds; (xxiii) 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; (xxiixxiv) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiiiA) the amount of any Net Swap Payments or Swap Termination Payments; payments received related to claims under the PMI Policy during the related Prepayment Period (xxivand the number of Mortgage Loans to which such payments related) and (B) the applicable Record Dates, Accrual Periods cumulative amount of payments received related to claims under the PMI Policy since the Closing Date (and Determination Dates for calculating distributions for the number of Mortgage Loans to which such Distribution Datepayments related); (xxv) (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); (xxvi) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage AccountsNet WAC Rate Carryover Reserve Account; and (xxvixxvii) for 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 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 will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Insurer and the 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s 's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date distribution date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) and through (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and through (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Trustee shall make available forward to the NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, Insurer and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Option One Mortgage Loan Trust 2005-2)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Servicer, the Trustee Trust Administrator shall prepare and make available to each Holder of the 108 Regular Certificates, the NIMS Insurer, the Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Servicer and expenses of the Master Servicer with respect to the related Due Period and such other customary information as the Trust Fund accrued and paid on such Distribution Date and Administrator deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Period; (vi) the aggregate Principal Pool Balance at the Close of the Mortgage Loans and any REO Properties as of Business at the end of the relted related Due Period; (vii) the aggregate Principal Balance of any 2nd lien Mortgage Loans; (viii) the number, aggregate Stated Principal Balanceprincipal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDate; (ixviii) the number and aggregate unpaid Stated Principal Balance 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) [reserved] (x) the total number and cumulative Stated Principal Balance 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;Prepayment Period; 109 (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized 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; (xivxiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiv) the Certificate Principal Balance of each Class of Class A Certificates, each Class of Mezzanine Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, distributions made on such Distribution Date; (xvixv) 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 each Class of Class A Certificates, each Class of Mezzanine Certificates and the Class C Certificates for such Distribution Date; (xviixvi) 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 3.243.27 or the Master Servicer pursuant to Section 4.19; (xvii) the Credit 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 remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether 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 and occurred; (xxi) the Realized Loss Percentage Available Funds for such Distribution Date; (xx) 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); (xxixxii) 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;; and (xxiixxiii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvi) for 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 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 Trust Administrator will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Certificateholders and the Rating Agencies via the Trustee’s Trust Administrator's internet website. The Trustee’s Trust Administrator's internet website shall initially be located at “h▇▇▇▇://"▇▇▇.▇▇▇.▇▇▇▇.▇▇▇/▇▇▇▇”". Assistance in using the website can be obtained by calling the Trustee’s Trust Administrator's customer service desk at (▇▇▇301) ▇▇▇-▇▇▇▇815- 6600. 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 Trustee Trust Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee Trust Administrator shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s Trust 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 Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) and through (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee Trust Administrator shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and through (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee Trust Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee Trust Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Trustee Trust Administrator shall make available to the NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee Trust Administrator deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee Trust Administrator shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 111 such Person was a Residual Certificateholder. Such obligation of the Trustee Trust Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee Trust Administrator pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Fremont Home Loan Trust 2004-B)

Statements. (a) 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 and the Rating Agencies, a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage 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 relted related Due Period; (vii) the 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 related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDate; (ixviii) 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 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; (xix) 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; (xix) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xiixi) the Delinquency Percentage and the Realized Loss Percentage; (xiiixii) 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; (xivxiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiv) 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; (xvixv) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine Certificates and the Class 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 C Certificates for such Distribution Date; (xviixvi) 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; (xviiixvii) 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 remaining unpaid after reimbursements therefor on such Distribution Date; (xixxviii) whether the Stepdown Date or a Trigger Event has occurred and the Realized Loss Percentage for such Distribution Dateoccurred; (xxxix) 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 from the Trustee under the Basis Risk Cap Agreement); (xxixx) the respective Pass-Through Rates applicable to each Class of Class A Certificates, 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 Mezzanine Certificates for the immediately succeeding Distribution Date; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiiixxi) the amount of any Net Swap Payments or Swap Termination Payments;Payments paid to the Swap Provider; and (xxivxxii) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvi) for 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 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 will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager and the Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “h▇▇▇▇://▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇▇▇▇/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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) 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 . For all purposes of time after this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined and reported based on the end of each calendar year, the Trustee shall, upon written request, furnish “OTS” methodology for determining delinquencies on mortgage loans similar to the NIMS Insurer 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 each Person who at a Mortgage Loan would be more than 30-days Delinquent with respect to such Monthly Payment if such Monthly Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that this delinquency recognition policy is not less restrictive than any time during delinquency recognition policy established by the calendar year was a Certificateholder of a Regular Certificateprimary safety and soundness regulator, if requested in writing by such Personany, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and (ii) 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 timeServicer. (c) On each Distribution Date, the Trustee shall make available to the NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2006-Ff8)

Statements. (a) On Not later than 5:00 p.m. one Business Day prior to each Distribution Payment Date, basedthe Master Servicer shall make available to the Indenture Trustee and the Yield Maintenance Counterparty, as applicableand concurrently with each distribution to Securityholders, the Master Servicer shall make available to each Securityholder, the Seller, the Owner Trustee and each Rating Agency, a statement based solely on loan-level information provided to it by the Servicer, Servicers (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 "Payment Date Statement") as to the distributions to be made or made, as applicable, on such Distribution Payment Date. Information in the Payment Date Statement relating to or based on amounts available in the Yield Maintenance Account shall be based on information provided by the Yield Maintenance Counterparty regarding any required Net Yield Maintenance Payments to be made by the Issuer or any Net Yield Maintenance Amounts or Yield Maintenance Amounts required to be paid by the Yield Maintenance Counterparty for the related Payment Date pursuant to the Yield Maintenance Agreements. The Indenture Trustee shall confirm to the Master Servicer receipt of any Net Yield Maintenance Amounts or Yield Maintenance Amounts in the Yield Maintenance Account on the Business Day immediately preceding such Payment Date. The Payment Date Statement will include the following: (i) the aggregate amount of the distribution payment to be made on such Distribution Payment Date to the Holders of each Class of Regular CertificatesNotes, separately identifiedto the extent applicable, 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 Amountsprincipal; (ii) the aggregate amount of the distribution payment to be made on such Distribution Payment Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) Notes allocable to interest, separately identifiedinterest and the calculation thereof; (iii) the Net Monthly Excess Cashflowamount, if any, of any distribution to the Overcollateralized Amount, Holders of 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 DateTrust Certificate; (ivA) the fees and expenses aggregate amount of any Monthly Advances required to be made by or on behalf of the Trust Fund accrued Servicers (or the Master Servicer) with respect to such Payment Date, (B) the aggregate amount of such Monthly Advances actually made, and paid on such Distribution Date and to whom such fees and expenses were paid(C) the amount, if any, by which (A) above exceeds (B) above; (v) the total number of Mortgage Loans in the aggregate amount and the aggregate Scheduled Principal Balance in the aggregate and separately for each of Advances for the Three-Year, Five-Year, Seven-Year and Ten-Year Hybrid Mortgage Loans, in each case at the close of business at the end of the related Due Period (including and the general purpose of Net Funds Cap for such Advances)Payment Date; (vi) the aggregate Class Principal Balance Amount of each Class of Notes, to the extent applicable, as of such Payment Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the Mortgage Loans and any REO Properties as of the end of the relted Due Periodforegoing Note Principal Amounts due to Applied Loss Amounts; (vii) the aggregate Principal Balance amount of any 2nd lien Realized Losses incurred with respect to the Mortgage LoansLoans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date; (viii) the number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate amount of the Mortgage Loans as of the related Determination Date Master Servicing Fees, Servicing Fees and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added Indenture Trustee Fees, if any, paid during the Funding PeriodDue Period to which such distribution relates; (ix) the number and aggregate unpaid Stated Scheduled Principal Balance of Mortgage Loans that were Loans, (Aa) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) delinquent 30 to 59 daysdays on a contractual basis, (2b) delinquent 60 to 89 days and on a contractual basis, (3c) delinquent 90 or more daysdays on a contractual basis, (Bd) 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 daysthe month in which such Payment Date occurs, in each case as of the Close close of Business business on the last day Business Day of the calendar month preceding such Distribution Date immediately preceding, (e) in bankruptcy and (Df) that are REO Properties, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefrom; (x) the total number and cumulative Stated aggregate Scheduled Principal Balance of all any Mortgage Loans with respect to which the related Mortgaged Property became a REO Properties Property as of the Close close of Business of business on the last day Business Day of the calendar month immediately preceding the related Distribution Datemonth in which such Payment Date occurs; (xi) with respect to substitution of Mortgage Loans in the aggregate amount preceding calendar month, the Scheduled Principal Balance of Principal Prepayments made during the related Prepayment Periodeach Deleted Mortgage Loan, separately indicating Principal Prepayments in full and Principal Prepayments in partof each Qualified Substitute Mortgage Loan; (xii) the Delinquency Percentageaggregate outstanding Deferred Amounts, Carryforward Interest, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Notes, after giving effect to payments made on such Payment Date; (xiii) the aggregate amount Note Interest Rate applicable to such Payment Date with respect to each Class 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 DateNotes; (xiv) the aggregate amount of extraordinary Trust Fund expenses withdrawn from Interest Remittance Amount and the Collection Account or the Distribution Account for Principal Remittance Amount applicable to such Distribution Payment Date; (xv) the Certificate Principal Balance of each Class of Class A Certificates, Mezzanine Certificates Monthly Excess Interest and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, made on Monthly Excess Cashflow for such Distribution Payment Date; (xvi) the Monthly Interest Distributable Amount in respect of each Class of Class A CertificatesOvercollateralization Amount, Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Unpaid Interest Shortfall AmountOvercollateralization Deficiency, if any, with respect to each Class of Class A Certificates, Mezzanine Certificates the Principal Payment Amount and the Class C Certificates Extra Principal Payment Amount for such Distribution Payment Date;; and (xvii) the aggregate level of LIBOR and any Net Yield Maintenance Payments being made by the Issuer expressed as a dollar amount and as a per annum rate which reduced the Net Funds Cap and any Net Yield Maintenance Amounts and Yield Maintenance Amounts being paid by the Yield Maintenance Counterparty for such period and the notional balances on each Yield Maintenance Agreement for such Payment Date. In the case of information furnished pursuant to subclauses (i), (ii) and (vi) above, the amounts shall also be expressed as a dollar amount per $1,000 of original principal 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; (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 remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether the Stepdown Date or a Trigger Event has occurred and the Realized Loss Percentage for such Distribution Date; (xx) 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); (xxi) the respective Pass-Through Rates applicable to each Class of Class A Certificates, 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 Mezzanine Certificates for the immediately succeeding Distribution Date; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvi) for 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 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 DateNotes. The Trustee Master Servicer will make such statement the Payment Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Securityholders and the Rating Agencies other parties to this Agreement via the Trustee’s Master Servicer's internet website. The Trustee’s Master Servicer's internet website shall initially be located at “h▇▇▇▇://▇▇▇"www.ctslink.com.▇▇▇.▇▇.▇▇▇/▇▇▇▇”. " Assistance in using the website can be obtained by calling the Trustee’s ▇▇▇▇▇▇▇ ▇▇▇ ▇▇ster Servicer's customer service desk at (▇▇▇301) ▇▇▇815-▇▇▇▇6600. Parties that are unable to use the above distribution option are entitled distributio▇ ▇▇▇▇▇▇ ▇▇▇ ▇ntitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee Master Servicer shall have the right to change the way such statements reports are distributed in order to make such distribution more convenient and/or more accessible to the above parties parties, and the Trustee Master Servicer shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) 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 Datechange. (b) Within a reasonable period of time after the end of each calendar year, the Indenture Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular CertificateSecurityholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing aggregate payment information necessary to enable Holders of the information set forth in subclauses (i) and (ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a CertificateholderSecurities to prepare their tax returns. Such obligation of the Indenture Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Indenture Trustee 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 Master Servicer shall make available supply an electronic tape to the NIMS Insurer and the Residual Certificateholders Bloomberg Financial Markets, Inc. in a copy of the reports forwarded format acceptable to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within Bloomberg Financial Markets, Inc. on a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon requestmonthly basis, and each Person who at any time during the calendar year was shall supply an electronic tape to Loan Performance and Intex Solutions in a Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in forcemonthly basis.

Appears in 1 contract

Sources: Sale and Servicing Agreement (Thornburg Mortgage Inc)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the ServicerServicer pursuant to Sections 3.19 and 4.04, 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 distributions made on such Distribution DateDate which shall include the following information: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified;; 115 (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount (if any) and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount (if any) for the Mortgage Pool for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Period; (vi) the aggregate Principal Pool Balance at the Close of the Mortgage Loans and any REO Properties as of Business at the end of the relted related Due Period; (vii) the 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 related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding Period; (ixviii) 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) [Reserved]; (x) 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 DatePrepayment Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) the aggregate amount of 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 related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date; (xivxiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiv) the Certificate Principal Balance of each Class of the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, distributions made on such Distribution Date; (xvixv) the Monthly Interest Distributable Amount in respect of 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 Unpaid Interest Shortfall Amount, if any, with respect to each Class of the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates for such Distribution Date; (xviixvi) the aggregate amount of any Net Prepayment Interest Shortfalls for such Distribution Date, to ; (xvii) the extent not covered by payments by the Servicer pursuant to Section 3.24Credit 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 Mezzanine the Class B Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether 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 and the Realized Loss Percentage for such Distribution Date; (xx) 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)occurred; (xxi) the 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 Mezzanine the Class B Certificates for the immediately succeeding Distribution Date;; and (xxiixxiii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvixxv) for 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 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. 117 The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Certificateholders and the Rating Agencies via the Trustee’s internet website. The Trustee’s 's internet website shall initially to 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s 's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) and through (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and through (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Trustee shall make available to the NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2004-Ffh2)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available by electronic medium (as set forth in the penultimate paragraph of this Section 4.03(a)) to each Holder of the Regular Certificates, the NIMS InsurerTrustee, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) ), allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool Pool, for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the Class B/M-8 Early Distribution Amount for such Distribution Date; (vi) 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 relted Due Period; (vii) the aggregate Stated Principal Balance of any 2nd lien the Mortgage LoansLoans at the Close of Business at the end of the related Due Period; (viii) the number, aggregate Stated Principal Balanceprincipal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDate; (ix) the number and aggregate unpaid Stated Principal Balance principal balance of Mortgage Loans that were (Aa) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to delinquent 30-59 days, (2b) 60 to delinquent 60-89 days and days, (3c) delinquent 90 or more daysdays in each case, as of the last day of the preceding calendar month provided, however that any aggregate unpaid principal balance of Mortgage Loans shall be reported as of the last day of the related Due Period, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1e) 30 with respect to 59 dayswhich the related Mortgagor has filed for protection under applicable bankruptcy laws, (2) 60 with respect to 89 days and (3) 90 whom bankruptcy proceedings are pending or more days, (C) with respect to whom bankruptcy protection is in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefromforce; (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 Stated Principal Balance principal balance of all REO Properties as of the Close of Business of the last day of the calendar month preceding the related Distribution DatePrepayment Period; (xixii) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized 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;Losses; 100 (xiv) the aggregate amount of extraordinary Extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xv) the Certificate Principal Balance of each Class of the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates, before and after giving effect to the distributionsdistributions made on such Distribution Date, and allocations the Notional Amount of Realized Lossesthe 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 each Class 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 each Class of the Class A Certificates, the Class S Certificates, the Mezzanine Certificates and the Class C 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 each Class of the Class A Certificates, the Mezzanine Certificates and Mezzanine the Class B Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xixxx) the Trustee Fee on such Distribution Date; (xxi) whether the a Stepdown Date or a Trigger Event has occurred and the Realized Loss Percentage for such Distribution Dateoccurred; (xxxxii) 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)Available Funds; (xxixxiii) the respective Pass-Through Rates applicable to each Class 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 Pass-Through Rate applicable to each Class of the Class A Certificates, the Class S Certificates, the Mezzanine Certificates and Mezzanine the Class B Certificates for the immediately succeeding Distribution Date; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Datereserved; (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 Pre-Funding Accounts Reserve Fund; (xxvii) the amount of Subsequent Recoveries and Gross Subsequent Recoveries for the related Prepayment Period and the Interest Coverage Accounts; and (xxvi) for the distribution occurring on the Distribution Date immediately following the end cumulative amount 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 Recoveries and Gross 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 DateRecoveries. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Master Servicer and the Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “h▇▇▇▇://▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇”/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 option options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) and through (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Closing Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and through (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Trustee shall make available forward to the NIMS Insurer and Holders of the Residual Certificateholders Class R Certificates a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a Residual CertificateholderHolder of a Class R 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 Residual CertificateholderHolder of a Class R Certificate. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force. (e) On each Distribution Date the Trustee shall provide Bloomberg Financial Markets, L.P. ("Bloomberg") CUSIP level factors for each Class of Certificates as of such Distribution Date, using a format and media mutually acceptable to the Trustee and Bloomberg.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Long Beach Sec Corp Asset-Backed Certs Series 2004-A)

Statements. (a) 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 and the Rating Agencies, a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Period; (vi) the aggregate Principal Pool Balance at the Close of the Mortgage Loans and any REO Properties as of Business at the end of the relted related Due Period; (vii) the 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 related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDate; (ixviii) 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) [reserved]; (x) 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 Prepayment Period and the related Distribution Datenumber and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) 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; (xivxiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiv) the Certificate Principal Balance of each Class of Class A Certificates, Mezzanine Floating Rate Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, distributions made on such Distribution Date; (xvixv) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine 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 Class A Certificates, Mezzanine Floating Rate Certificates and the Class C Certificates for such Distribution Date; (xviixvi) 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 Credit Enhancement Percentage for such Distribution Date; (xviii) the Net WAC Rate Carryover Amount for each Class of Class A Certificates and Mezzanine Floating Rate Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether 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 and the Realized Loss Percentage for such Distribution Date; (xx) 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)occurred; (xxi) the Available Funds; (xxii) the respective Pass-Through Rates applicable to each Class of Class A Certificates, Mezzanine Floating Rate Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Class A Certificates and Mezzanine Floating Rate Certificates for the immediately succeeding Distribution Date; (xxiixxiii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvixxv) for 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 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 will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager and the 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) 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, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and (ii) 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 NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Greenpoint Mortgage Funding Trust 2005-Hy1)

Statements. (a) On each Distribution Date, the Trustee shall make available to each Certificateholder, the Certificate Insurer, the Seller, and each Rating Agency, a statement based, as applicable, on loan-level information provided to it by the Servicer, the Trustee shall prepare obtained from and make available to each Holder of the Regular Certificates, the NIMS Insurer, the Servicer and (the Rating Agencies, a statement “Distribution Date Statement”) as to the distributions to be made or made, as applicable, on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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 Amountsprincipal; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess CashflowSenior Percentage, the Overcollateralized AmountSenior Prepayment Percentage, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Subordinate Percentage and the Credit Enhancement Subordinate Prepayment Percentage as of such Distribution Date and the Excess Overcollateralized Amount with respect to each Loan Group for the Mortgage Pool for such following Distribution Date; (iv) the fees 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 expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including and the general purpose amount of such unreimbursed Advances); (vi) the aggregate Principal Pool Collateral Balance of and the Mortgage Loans and any REO Properties as of the end of the relted Due PeriodLoan Group Collateral Balance for such Distribution Date; (vii) the aggregate Principal Loan Group Balance and related Net WAC and applicable Net WAC Cap for each Loan Group at the Close of any 2nd lien Mortgage LoansBusiness 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) [Reserved]; (x) [Reserved]; (xi) for each Loan Group, the number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Loan Rate of the related Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDue Date; (ixxii) the number and aggregate unpaid Stated Principal Balance principal balance of Mortgage Loans that were Loans, in the aggregate and for each Loan Group, (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays Delinquent, (2b) 60 to 89 days and Delinquent, (3c) 90 or more daysdays Delinquent, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more daysbankruptcy, in each case as of the close of business on the last day of the preceding calendar month; (xiii) the book value of any REO Property as of the Close of Business on the last day Business Day of the calendar month preceding such the Distribution Date and (D) REO PropertiesDate, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefrom; (x) and, cumulatively, the total number and cumulative Stated Principal Balance principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the calendar month preceding the related Distribution DateDue Period; (xixiv) the aggregate amount of Principal Prepayments with respect to each Loan Group made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiiixv) the aggregate amount of Realized Losses incurred during the related Prepayment Due Period for each Loan Group and the cumulative amount of Realized Losses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount Realized Losses, if any, allocated to each Class of Subsequent Recoveries received since the Closing DateCertificates or Principal-Only Components; (xivxvi) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xv) the Certificate Class Principal Balance or Class Notional Balance, as applicable, of each Class of Class A Certificates, Mezzanine Certificates and the Class C Certificates, before and Apportioned Principal Balances of the Subordinate Certificates after giving effect to the distributionsany distributions made thereon, and allocations of Realized Losses, made on such Distribution Date; (xvixvii) the Monthly Interest Distributable Amount and the Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amountrespective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date; (xviii) the aggregate amount of any Net Interest Shortfalls and the Unpaid Interest Shortfall Amount for such Distribution Date; (xix) the Available Funds with respect to each Loan Group; (xx) the Pass-Through Rate and Adjusted Cap Rate for each Class of Class A Certificates, Mezzanine Certificates and the Class C Certificates for such Distribution Date; (xviixxi) the aggregate amount Principal Balance of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments Mortgage Loans purchased hereunder by the Servicer pursuant to Section 3.24; (xviii) Seller during the Net WAC Rate Carryover Amount for each Class related Due Period, and indicating the relevant section of Class A Certificates and Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether the Stepdown Date or a Trigger Event has occurred and the Realized Loss Percentage for such Distribution Date; (xx) the total cashflows received and the general sources thereof (including amounts received from the Supplemental Interest Trust Trustee under the Interest Rate Swap Servicing Agreement, from or the Cap Trustee under Section of this Agreement, as applicable, requiring or allowing the Interest Rate Cap Agreement and under the Basis Risk Cap Agreement); (xxi) the respective Pass-Through Rates applicable to purchase of each Class of Class A Certificates, 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 Mezzanine Certificates for the immediately succeeding Distribution DateMortgage Loan; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed of any Principal Deficiency Amounts or Accrued Interest Amounts paid to each Class of Certificates from payments made under the Interest Rate Cap Contractan Undercollateralized Group or amounts paid pursuant to Section 5.01(e)(i); (xxiii) the amount of any Net Swap Payments or Swap Termination Paymentscurrent Recoveries allocable to each Loan Group; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Datecumulative Recoveries allocable to each Loan Group; (xxv) the amount on deposit in the Pre-Funding Accounts of any Basis Risk Shortfall, if any, and the Interest Coverage Accounts; andrelated accrued interest thereon; (xxvi) for the distribution occurring on the Distribution Date immediately following the end of the Funding Periodeach Loan Group, 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, amount of Deferred Interest and that is being distributed to the related Class A Certificates as a mandatory distribution of principalNet Deferred Interest, if any, on for such Distribution Date. The Trustee will make such statement Loan Group; (andxxvii) the amount of Net Deferred Interest, at its optionif any, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager and the 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible added to the above parties and Class Principal Balance of the Trustee shall provide timely and adequate notification related Certificates; (xxviii) the amount of the Certificate Insurer Reimbursement Amount, if any; (xxix) the Deficiency Amount, if any, to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined paid 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, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and (ii) 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 NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Certificate Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.;

Appears in 1 contract

Sources: Pooling Agreement (Harborview Mortgage Loan Trust 2006-1)

Statements. (a) 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 and the Rating Agencies, a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Period; (vi) the aggregate Principal Pool Balance at the Close of the Mortgage Loans and any REO Properties as of Business at the end of the relted related Due Period; (vii) the 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 related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDate; (ixviii) 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) [reserved]; (x) 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 Prepayment Period and the related Distribution Datenumber; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized 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; (xivxiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiv) the Certificate Principal Balance of each Class of Class A Certificates, Mezzanine Floating Rate Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, distributions made on such Distribution Date; (xvixv) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine 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 Class A Certificates, Mezzanine Floating Rate Certificates and the Class C Certificates for such Distribution Date; (xviixvi) 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 Credit Enhancement Percentage for such Distribution Date; (xviii) the Net WAC Rate Carryover Amount for each Class of Class A Certificates and Mezzanine Floating Rate Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether 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 and the Realized Loss Percentage for such Distribution Date; (xx) 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)occurred; (xxi) the Available Funds; (xxii) the respective Pass-Through Rates applicable to each Class of Class A Certificates, Mezzanine Floating Rate Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Class A Certificates and Mezzanine Floating Rate Certificates for the immediately succeeding Distribution Date;; and (xxiixxiii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvi) for 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 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 will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Certificateholders and the Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “h"▇▇▇▇://▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇▇▇▇”/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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s 's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) 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, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and (ii) 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 NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Soundview Home Loan Trust 2005 DO-1 Asset Backed Certificates,Series)

Statements. (a) 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 Master Servicer, the Class I-A4 Insurer, the NIMS Insurer, the Servicer indenture trustee under the Indenture and the Rating Agencies, and two Business Days prior to each Distribution Date, the Trustee shall prepare and make available to the Swap Counterparty and any designee of the Swap Counterparty, 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 the Master Servicer, the Cap Provider or the Swap Counterparty as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) ), allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool Pool, for such Distribution Date; (iv) by Loan Group and in the fees aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the Group I Interest Remittance Amount and the Group II Interest Remittance Amount and the Group I Principal Remittance Amount and the Group II Principal Remittance Amount for such Distribution Date; (vi) the aggregate amount of Advances for the related Due Period Period, the amount of unrecovered Advances (including after giving effect to Advances made on the general purpose Distribution Date) outstanding and the amount of Nonrecoverable Advances for such Advances); (vi) the aggregate Principal Balance of the Mortgage Loans and any REO Properties as of the end of the relted Due PeriodDistribution Date; (vii) the aggregate Stated Principal Balance of any 2nd lien 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; (viii) the number, aggregate Stated Principal Balanceprincipal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDate; (ix) by Loan Group and in the aggregate, the number and aggregate unpaid Stated Principal Balance principal balance of Mortgage Loans that were (Aa) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to delinquent 30-59 days, (2b) 60 to delinquent 60-89 days and days, (3c) delinquent 90 or more daysdays in each case, as of the last day of the preceding calendar month provided, however that any aggregate unpaid principal balance of Mortgage Loans shall be reported as of the last day of the related Due Period, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1e) 30 with respect to 59 dayswhich the related Mortgagor has filed for protection under applicable bankruptcy laws, (2) 60 with respect to 89 days and (3) 90 whom bankruptcy proceedings are pending or more days, (C) with respect to whom bankruptcy protection is in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefromforce; (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 Stated Principal Balance principal balance of all REO Properties as of the Close of Business of the last day of the calendar month preceding the related Distribution DatePrepayment Period; (xixii) by Loan Group and in the aggregate, the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) by Loan Group and in the aggregate, 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 DateLosses; (xiv) the aggregate amount of extraordinary Extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xv) the Certificate Principal Balance of each Class of the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates, before and after giving effect to the distributionsdistributions made on such Distribution Date (separately identifying any reduction thereof due to the receipt of Insured Payments in respect of principal in the case of the Class I-A4 Certificates), and allocations the Notional Amount of Realized Lossesthe 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 the Class A 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 each Class of the Class A Certificates, the Mezzanine Certificates and the Class C B Certificates for such Distribution Date; (xvii) 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 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 each Class of the Class A Certificates, the Mezzanine Certificates and Mezzanine the Class B Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xixxx) whether the Stepdown Date or a Trigger Event has occurred and the Realized Loss Percentage for Trustee Fee on such Distribution Date; (xxxxi) the total cashflows received and the general sources thereof (including amounts received from the Supplemental Interest Trust Trustee under the Interest Rate Swap Agreementwhether a Stepdown Date, from the Cap Trustee under the Interest Rate Cap Agreement and under the Basis Risk Cap Agreement)a Trigger Event, a Sequential Trigger Event or a Group II Sequential Trigger Event has occurred; (xxixxii) the Available Funds; (xxiii) the respective Pass-Through Rates applicable to each Class of the Class A Certificates, the 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 the Class A Certificates, the Mezzanine Certificates and Mezzanine the Class B Certificates for the immediately succeeding Distribution Date; (xxiixxiv) paymentsby Loan Group and in the aggregate, if any, the Principal Balance of Mortgage Loans repurchased by the Seller; (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 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) and (B) the aggregate dollar amount of payments received related to claims under the PMI Policy since the Cut-off Date (and the number of Mortgage Loans to which such payments related); (xxviii) (A) the dollar amount of claims made under the Interest Rate 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); (xxix) for such Distribution Date, the amount of any payment made by the Cap Contract Provider under each of the Cap Agreements; (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 Swap Counterparty Payment, the Swap Fee Amount, the unpaid Swap Termination Payment payable by the Trust, the unpaid Swap Termination Payment payable by the Swap Counterparty, the Swap Termination Payment payable by the Trust paid on such Distribution Date, the Swap Termination Payment payable by the Swap Counterparty paid on such Distribution Date and the Swap Reimbursement Amount for such Distribution Date and any unpaid Gross Swap Reimbursement Amount and Swap Fee Amounts from prior Distribution Dates; (xxxii) the Group I Final Maturity Reserve Amount, the Group II 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 and on the earlier of the Distribution Date in November 2035 and the termination of the Trust Fund, the amount distributed to each Class of the Certificates from payments made under the Interest Rate Cap ContractFinal Maturity Reserve Account; (xxiiixxxiii) with respect to each Mortgage Loan prepaid in full or in part during the related Prepayment Period, whether the Prepayment Charge is required with respect to such Mortgage Loan, the amount of such Prepayment Charge and the amount actually collected with respect to such Prepayment Charge; (xxxiv) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) draw to be made on the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions Class I-A4 Policy for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvixxxv) for all amounts paid to the distribution occurring on the Distribution Date immediately following the end Class I-A4 Insurer in respect of the Funding Period, Class I-A4 Premiums and in respect of the balance on deposit in the Group I PreClass I-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 A4 Reimbursement Amount for such Distribution Date. The Trustee will shall make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the Master Servicer, the Class I-A4 Insurer, the NIMS Insurer, the Credit Risk Manager Cap Provider, the Swap Counterparty and the Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “h▇▇▇▇://▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇▇▇▇”/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 option options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) and through (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Closing Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Class I-A4 Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by the Class I-A4 Insurer or such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and through (ii) 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 Residual Certificates and the NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a Holder of a Residual 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 Residual CertificateholderCertificate. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force. (e) On each Distribution Date the Trustee shall provide Bloomberg Financial Markets, L.P. (“Bloomberg”) CUSIP level factors for each Class of Certificates as of such Distribution Date, using a format and media mutually acceptable to the Trustee and Bloomberg.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Long Beach Mortgage Loan Trust 2005-Wl3)

Statements. (a) On each Distribution Date, the Securities Administrator shall make available to the Trustee, each Certificateholder, the Seller, the Master Servicer and the Rating Agency, a statement based, as applicable, on loan-level information provided to it by obtained from the Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS Insurer, the Master Servicer and the Rating Agencies, a statement Servicers (the “Distribution Date Statement”) as to the distributions to be made or made, as applicable, on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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 Amountsprincipal; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess CashflowSenior Percentage, the Overcollateralized AmountSenior Prepayment Percentage, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Subordinate Percentage and the Credit Enhancement Subordinate Prepayment Percentage as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such following Distribution Date; (iv) the fees aggregate amount of servicing compensation received by each Servicer during the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including and the general purpose amount of such unreimbursed Advances); (vi) the Special Hazard Loss Coverage Amount, the Fraud Loss Coverage Amount and the Bankruptcy Loss Coverage Amount, each as of the related Determination Date; (vii) the Pool Balance and Net WAC for all Mortgage Loans at the Close of Business at the end of the related Due Period; (viii) the aggregate Principal Balance of the One-Year CMT Indexed Mortgage Loans and any REO Properties as at the Close of Business at the end of the relted related Due Period; (viiix) the aggregate Principal Balance of any 2nd lien the Six-Month LIBOR Indexed and One-Year LIBOR Indexed Mortgage LoansLoans at the Close of Business at the end of the related Due Period; (viiix) the amount of any Class P Distributable Amount allocated to the Class P Certificate for that Distribution Date; (xi) the number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Loan Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDue Date; (ixxii) the number and aggregate unpaid Stated Principal Balance principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays Delinquent, (2b) 60 to 89 days and Delinquent, (3c) 90 or more daysdays Delinquent, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more daysbankruptcy, in each case as of the close of business on the last day of the preceding calendar month; (xiii) the book value of any REO Property as of the Close of Business on the last day Business Day of the calendar month preceding such the Distribution Date and (D) REO PropertiesDate, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefrom; (x) and, cumulatively, the total number and cumulative Stated Principal Balance principal balance of all REO Properties as of the Close of Business of the last day of the calendar month preceding the related Distribution DateDue Period; (xixiv) the aggregate amount of Principal Prepayments made and Prepayment Penalty Amounts collected during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiiixv) the aggregate amount of Realized Losses incurred during the related Prepayment Due 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 DateLosses; (xivxvi) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xv) the Class Certificate Principal Balance of each Class of Class A Certificates, Mezzanine Certificates and (other than the Class C CertificatesP Certificate), before and in each case after giving effect to the distributionsany distributions made thereon, and allocations of Realized Losses, made on such Distribution Date; (xvixvii) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine Certificates and the Class 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 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 Servicer 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 respective portions thereof, if any, remaining unpaid after reimbursements therefor following the distributions made in respect of such Certificates on such Distribution Date; (xviii) the aggregate amount of any Net Interest Shortfalls and the Unpaid Interest Shortfall Amount for such Distribution Date; (xix) whether the Stepdown Date or a Trigger Event has occurred and the Realized Loss Percentage for such Distribution DateAvailable Funds; (xx) the total cashflows received and the general sources thereof (including amounts received from the Supplemental Interest Trust Trustee under the Interest Pass-Through Rate Swap Agreement, from the Cap Trustee under the Interest Rate Cap Agreement and under the Basis Risk Cap Agreement);for each Class of Certificates for such Distribution Date; and (xxi) the respective Pass-Through Rates applicable to each Class aggregate Principal Balance of Class A CertificatesMortgage Loans purchased hereunder by the Seller during the related Due Period, Mezzanine Certificates and indicating the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Class A Certificates and Mezzanine Certificates for the immediately succeeding Distribution Date; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvi) for the distribution occurring on the Distribution Date immediately following the end relevant section of the Funding Periodrelated Servicing Agreement, or 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 LoansSection of this Agreement, as applicable, and that is being distributed to requiring or allowing the related Class A Certificates as a mandatory distribution purchase of principal, if any, on each such Distribution DateMortgage Loan. The Trustee will Securities Administrator shall make such statement the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Certificateholders and the Rating Agencies other parties to this Agreement via the TrusteeSecurities Administrator’s internet website. The TrusteeSecurities Administrator’s internet website shall initially be located at “h▇▇▇.▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇▇▇▇”. 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee Securities Administrator shall have the right to change the way such statements reports are distributed in order to make such distribution more convenient and/or more accessible to the above parties parties, and the Trustee Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulatorschange. 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 Off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee Securities Administrator shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and through (iiiii) 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 NIMS Insurer and the Residual Certificateholders Bloomberg Financial Markets, Inc. in a copy of the reports forwarded format acceptable to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within Bloomberg Financial Markets, Inc. on a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon requestmonthly basis, and each Person who at any time during the calendar year was shall supply an electronic tape to Loan Performance and Intex Solutions in a Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in forcemonthly basis.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Mortgage Loan Pass-Through Certificates Series 2003-1)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Servicer, 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 distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Period; (vi) the aggregate Principal Pool Balance at the Close of the Mortgage Loans and any REO Properties as of Business at the end of the relted related Due Period; (vii) the 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 related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding Period; (ixviii) 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) [reserved]; (x) 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 DatePrepayment Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) 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; (xivxiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiv) the Certificate Principal Balance of each Class of Class A Certificates, Mezzanine Floating Rate Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, distributions made on such Distribution Date; (xvixv) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine 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 Class A Certificates, Mezzanine Floating Rate Certificates and the Class C Certificates for such Distribution Date; (xviixvi) 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 3.243.26; (xvii) the Credit Enhancement Percentage for such Distribution Date; (xviii) the Net WAC Rate Carryover Amount for each Class of Class A Certificates and Mezzanine Floating Rate Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether 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 and the Realized Loss Percentage for such Distribution Date; (xx) 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)occurred; (xxi) the Available Funds; (xxii) the respective Pass-Through Rates applicable to each Class of Class A Certificates, Mezzanine Floating Rate Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Class A Certificates and Mezzanine Floating Rate Certificates for the immediately succeeding Distribution Date; (xxiixxiii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvixxv) for 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 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 will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Certificateholders and the Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “h"▇▇▇▇://▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇▇▇▇”/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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s 's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) and 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, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and (ii) 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 NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Fremont Home Loan Trust 2005-1)

Statements. (a) On each Distribution Date, the Trustee shall make available to each Certificateholder, the Yield Maintenance Provider, the Seller, any NIMS Insurer and each Rating Agency, a statement based, as applicable, on loan-level information provided to it by the Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS Insurer, obtained from the Servicer and (the Rating Agencies, a statement “Distribution Date Statement”) as to the distributions to be made or made, as applicable, on such Distribution Date. Information in the Distribution Date Statement relating to or based on amounts available in the Yield Maintenance Account shall be based on information provided by the Yield Maintenance Provider regarding any Yield Maintenance Distributable Amounts required to be paid by the Yield Maintenance Provider for the related Distribution Date pursuant to the Yield Maintenance Agreement. The Distribution Date Statement shall include the following information, in each case, with respect to such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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 Amountsprincipal; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the 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[Reserved]; (iv) the fees aggregate amount of Servicing Fees and expenses of Credit Risk Manager Fees for the Trust Fund accrued and paid on such Distribution Date and to whom such fees and expenses were paidrelated Due Period; (v) the amount of Advances for each Loan Group and the aggregate amount of Advances for the related Due Period (including and the general purpose amount of such unreimbursed Advances); (vi) the aggregate Principal Loan Group Balance for each Loan Group and the Net WAC for each Loan Group at the Close of the Mortgage Loans and any REO Properties as of Business at the end of the relted related Due Period; (vii) the aggregate Principal Pool Balance of any 2nd lien Mortgage Loansand the Loan Group Balance for such Distribution Date; (viii) for each Loan Group, the aggregate Principal Balance of the MTA Indexed Mortgage Loans and COFI Indexed Mortgage Loans at the Close of Business at the end of the related Due Period; (ix) for each Loan Group, the amount of fees, expenses or indemnification amounts paid by the Trust Fund with an identification of the general purpose of such amounts and the party receiving such amounts; (x) for each Loan Group, the number, aggregate Stated Principal Balance, weighted average remaining term to maturity maturity, weighted average life and weighted average Mortgage Loan Rate of the related Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDue Date; (ixxi) for each Loan Group, the number and aggregate unpaid Stated Principal Balance principal balance of the related Mortgage Loans that were Loans, (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays Delinquent, (2b) 60 to 89 days and Delinquent, (3c) 90 or more daysdays Delinquent, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more daysbankruptcy, in each case as of the close of business on the last day of the preceding calendar month, using the OTS method; (xii) for each Loan Group, the book value (if available) of any REO Property as of the Close of Business on the last day Business Day of the calendar month preceding such the Distribution Date and (D) REO PropertiesDate, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefrom; (x) and, cumulatively, the total number and cumulative Stated Principal Balance principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the calendar month preceding the related Distribution DateDue Period; (xixiii) for each Loan Group, the aggregate amount of any Principal Prepayments, net Principal Prepayments or other unscheduled recoveries of principal with respect to each Loan Group made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xiixiv) the Delinquency Percentage; (xiii) for each Loan Group, the aggregate amount of Realized Losses incurred during the related Prepayment Due Period for each Loan Group and the cumulative amount of Realized Losses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount Realized Losses, if any, allocated to each Class of Subsequent Recoveries received since the Closing Date; (xiv) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for Certificates after giving effect to any distributions made thereon, on such Distribution Date; (xv) the Certificate Class Principal Balance of each Class of Class A Certificates, Mezzanine Certificates and the Class C Certificates, before and Apportioned Principal Balances of the Subordinate Certificates after giving effect to the distributionsany distributions made thereon, and allocations of Realized Losses, made on such Distribution Date; (xvi) for each Loan Group, the Monthly Interest Distributable Amount and the Interest Distributable Amount in respect of each related Class of Class A Certificates, Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amountrespective portions thereof, if any, with remaining unpaid following the distributions made in respect to each Class of Class A Certificates, Mezzanine such Certificates and the Class C Certificates for on such Distribution Date; (xvii) for each Class, the aggregate amount of any Prepayment Net Interest Shortfalls for such Distribution Date, to and the extent not covered by payments by the Servicer pursuant to Section 3.24; (xviii) the Net WAC Rate Carryover Unpaid Interest Shortfall Amount for each Class of Class A Certificates and Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor giving effect to any distributions made thereon, on such Distribution Date; (xviii) for each Loan Group, the related Available Funds; (xix) whether for each Loan Group, the Stepdown Date or a Trigger Event has occurred Pass-Through Rate and the Realized Loss Percentage related Adjusted Cap Rate for each Class of Certificates for such Distribution Date; (xx) for each Loan Group, the total cashflows received and aggregate Principal Balance of Mortgage Loans purchased hereunder by the general sources thereof (including amounts received from Seller during 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)related Due Period; (xxi) for each Loan Group, the respective Pass-Through Rates applicable amount of any Principal Deficiency Amounts or Accrued Interest Amounts paid to each Class of Class A Certificates, Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable an Undercollateralized Group or amounts paid pursuant to each Class of Class A Certificates and Mezzanine Certificates for the immediately succeeding Distribution DateSection 5.01(d); (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed current Recoveries allocable to each Class of Certificates from payments made under the Interest Rate Cap ContractLoan Group; (xxiii) the amount of any Net Swap Payments or Swap Termination PaymentsBasis Risk Shortfall, if any, for each Class after giving effect to any distributions made thereon, on such Distribution Date; (xxiv) for each Loan Group, the applicable Record Datesamount of Deferred Interest and Net Deferred Interest, Accrual Periods and Determination Dates for calculating distributions if any, for such Distribution DateLoan Group; (xxv) the amount on deposit in of Net Deferred Interest, if any, added to the Pre-Funding Accounts and Class Principal Balance of the Interest Coverage Accounts; andCertificates (xxvi) for the distribution occurring amount of any Unpaid Interest Shortfall Amount; (xxvii) the amount of the Group 1 Final Maturity Reserve Amount, the Group 2 Final Maturity Reserve Amount and the Aggregate Final Maturity Reserve Amount deposited in the Final Maturity Reserve Account, and, on the 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 will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager and the 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) 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, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and (ii) 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 Final Maturity Reserve Termination Date, the Trustee shall make available amount distributed from the Final Maturity Reserve Account to the NIMS Insurer and the Residual Certificateholders a copy each Class of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.Certificates;

Appears in 1 contract

Sources: Pooling and Servicing Agreement (HarborView 2007-3)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS Insurer, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Period; (vi) the aggregate Principal Pool Balance at the Close of the Mortgage Loans and any REO Properties as of Business at the end of the relted related Due Period; (vii) the aggregate Principal Balance of any 2nd lien Mortgage Loans; (viii) the number, aggregate Stated Principal Balanceprincipal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDate; (ixviii) the number and aggregate unpaid Stated Principal Balance 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) [reserved]; (x) the total number and cumulative Stated Principal Balance principal balance of all REO Properties as of the Close of Business of the last day of the calendar month preceding the related Distribution DatePrepayment Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) 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 DateLosses; (xivxiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiv) the Certificate Principal Balance of each Class of the Class A Certificates, the Mezzanine Certificates and the Class C CertificatesInterest, before and after giving effect to the distributions, and allocations of Realized Losses, distributions made on such Distribution Date; (xvixv) 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 each Class of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date; (xviixvi) 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 3.243.26; (xvii) the Credit 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 remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether 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 and the Realized Loss Percentage for such Distribution Date; (xx) 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)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 Interest for such Distribution Date and the Pass-Pass- Through Rate applicable to each Class of Class A Certificates and each Class of Mezzanine Certificates for the immediately succeeding Distribution Date; (xxiixxiii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiiiA) the amount of any Net Swap Payments or Swap Termination Paymentspayments 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); (xxivA) the applicable Record Dates, Accrual Periods dollar amount of claims made under the PMI Policy that were denied during the Prepayment Period (and Determination Dates for calculating distributions for the number of Mortgage Loans to which such Distribution Date;denials related) and (B) the dollar amount of the cumulative claims made under the PMI Policy that were denied since the Closing Date (and the number of Mortgage Loans to which such denials related); and (xxv) the amount on deposit in the Pre-Funding Accounts Dividend Account immediately prior to the related Master Servicer Remittance Date, the amount deposited into the Dividend Account on the related Master Servicer Remittance Date (separately identifying the amount received from Mortgagors and the Interest Coverage Accounts; and (xxviamount advanced) for and the distribution occurring amount withdrawn from the Dividend Account on the Distribution related Master Servicer Remittance Date immediately following (separately identifying the end of amount refunded to Mortgagors and the 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 amount distributed to the related Class A Certificates as a mandatory distribution holder of principal, if any, the Dividend Account Certificate on such Distribution Date). The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Certificateholders and the 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s 's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) and through (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and through (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable 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 NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Financial Assets Sec Corp First Frank Mort Ln Tr 2002-Ff1)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the ServicerServicer pursuant to Section 4.04(a), 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 distributions made on such Distribution DateDate which shall include the following information: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Period; (vi) the aggregate Principal Pool Balance at the Close of the Mortgage Loans and any REO Properties as of Business at the end of the relted related Due Period; (vii) the 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 related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDate; (ixviii) 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) [Reserved]; (x) 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 DatePrepayment Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) 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 DateLosses; (xivxiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiv) the Certificate Principal Balance of each Class of the Class A Certificates, the Mezzanine Certificates, the Class B-1 Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, distributions made on such Distribution Date; (xvixv) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, each Class of Mezzanine Certificates, the Class B-1 Certificates and the Class C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to each Class of the Class A Certificates, the Mezzanine Certificates, the Class B-1 Certificates and the Class C Certificates for such Distribution Date; (xviixvi) 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 3.243.26; (xvii) the Credit 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 Mezzanine the Class B-1 Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether 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 and the Realized Loss Percentage for such Distribution Date; (xx) 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)occurred; (xxi) the Available Funds; (xxii) the respective Pass-Through Rates applicable to each Class of Class A Certificates, each Class of Mezzanine Certificates, the Class B-1 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;; 101 (xxiixxiii) the amount on deposit in the Dividend Account immediately prior to the related Servicer Remittance Date, the amount deposited into the Dividend Account on the related Servicer Remittance Date (separately identifying the amount received from Mortgagors and the amount advanced) and the amount withdrawn from the Dividend Account on the related Servicer Remittance Date (separately identifying the amount refunded to Mortgagors and the amount distributed to the holder of the Dividend Account Certificate on such Distribution Date); and (xxiv) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvi) for 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 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 will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Certificateholders and the Rating Agencies via the Trustee’s internet website. The Trustee’s 's internet website shall initially to 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s 's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) and through (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and (ii) 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 NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Financial Asset Sec Corp Asset Backed Cert Ser 2003 Ffh1)

Statements. (a) On each Distribution Date, based, as applicable, based on the Mortgage Loan information provided to it by contained in the ServicerRemittance Report, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS Insurer, the Servicer and the Rating Agenciespost on its website at www.jpmorgan.com/sfr, a statement as to (the distributions "Distribution Date Statement") ▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ons made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular CertificatesCertificates allocable to principal, separately identified, allocable to principal identified and the amount of the distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges Charges, Originator Prepayment Charge Payment Amounts and Servicer Prepayment Charge Payment Amounts; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interestinterest or Class CE Distributable Amount, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Targeted Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Monthly Excess Overcollateralized Interest Amount for the Mortgage Pool and Monthly Excess Cashflow Amount for such Distribution Date; (iv) the fees and expenses aggregate amount of servicing compensation received by the Trust Fund accrued and paid on such Distribution Date and to whom such fees and expenses were paidServicer during the related Collection Period; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Collection Period, cumulative unreimbursed Advances and Servicing Advances and cumulative Nonrecoverable Advances); (vi) the aggregate Principal Balance Pool Balance, at the close of the Mortgage Loans and any REO Properties as of business at the end of the relted Due related Collection Period; (vii) the 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 Interest Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDue Date; (ixviii) the number and aggregate unpaid Stated Principal Balance principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays past due on a contractual basis, (2b) 60 to 89 days and past due on a contractual basis, (3c) 90 or more daysdays past due on a contractual basis, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close close of Business business on the last day of the calendar month preceding such Distribution Date and Date; (Dix) with respect to any Mortgage Loan that became an REO PropertiesProperty during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid Principal Balance of the REO Property as well as of the aggregate principal balance close of Mortgage Loans that were liquidated business on the last Business Day of such calendar month and the net proceeds resulting therefromPrincipal Balance of such Mortgage Loan as of the date it became an REO Property; (x) the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative Stated Principal Balance principal balance of all REO Properties as of the Close close of Business business of the last day of the calendar month preceding the related Distribution DateCollection Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) the aggregate amount of Realized Losses incurred during the related Prepayment Collection 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 DateLosses; (xiv) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiii) 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 LossesLosses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts; (xiv) the Accrued Certificate Interest in respect of each Class of Certificates for such Distribution Date and any related Cap Carryover Amounts, and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date; (xvi) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine Certificates and the Class 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 C Certificates for such Distribution Date; (xviixv) 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 3.243.23; (xviiixvi) the Net WAC Rate Cap Carryover Amount for each Class of Class A Certificates and Mezzanine CertificatesAmounts distributed on such Distribution Date, if any, for the amounts remaining after giving effect to distributions thereof on such Distribution Date and the amount remaining unpaid after reimbursements therefor of all Cap Carryover Amounts covered by withdrawals from the Class A Reserve Account, the Class M-1, Class M-2 and Class M-3 Reserve Account and the Class M-4, Class M-5, Class M-6 and Class M-7A Reserve Account on such Distribution Date; (xixxvii) any Overcollateralization Deficiency after giving effect to the distribution of principal on such Distribution Date; (xviii) whether the Stepdown Date or a Trigger Event has occurred and is continuing, and the cumulative Realized Loss Percentage Losses, as a percentage of the original Pool Balance; (xix) the Available Funds; (xx) the rate at which interest accrues for each Class of Certificates for such Distribution Date; (xx) 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); (xxi) the respective Pass-Through Rates applicable to each Class of Class A Certificates, Mezzanine Certificates and information contained in the Class C Certificates Liquidation Report for such Distribution Date and the Pass-Through Rate applicable to each Class of Class A Certificates and Mezzanine Certificates for the immediately succeeding Distribution Date; (xxii) paymentsthe aggregate Principal Balance of Mortgage Loans purchased by the Servicer, if any, made under the Interest Rate Cap Contract Originator or the Seller during the related Prepayment Period and indicating the amount distributed to section of this Agreement requiring or allowing the purchase of each Class of Certificates from payments made under the Interest Rate Cap Contractsuch Mortgage Loan; (xxiii) the amount aggregate Principal Balance of any Net Swap Payments or Swap Termination Paymentsthe Mortgage Loans repurchased by the Servicer during the related Prepayment Period in connection with Section 3.16; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Dateamount of the PMI Insurer Fee paid; (xxv) the amount of the Credit Risk Manager Fee paid; (xxvi) the Mortgage Loan identifying number of each Mortgage Loan with a Prepayment Charge that was the subject of a Principal Prepayment in full during the related Collection Period, the Prepayment Charge listed on each related Mortgage Note and the Prepayment Charge collected, the Servicer Prepayment Charge Payment Amount paid by the Servicer or the Originator Prepayment Charge Payment Amount paid by the Originator with respect to each such Mortgage Loan; (xxvii) the aggregate amount of DA Dividends attributable DAD Mortgage Loans deposited into the DA Reserve Account for the related Collection Period, and the amount of DA Dividends remitted to the Trustee for deposit in the Pre-Funding Accounts Distribution Account as a result of or relating to a DA Forfeiture Event by the related Mortgagor; (xxviii) the amount of Subsequent Recoveries received during the related Prepayment Period; (A) the dollar amount of payments received related to claims under the PMI Policy during the related Prepayment Period (and the Interest Coverage Accountsnumber of Mortgage Loans to which such payments related) and (B) the aggregate dollar amount of payments received related to claims under the PMI Policy since the Cut-off Date (and the number of Mortgage Loans to which such payments related); and (xxviA) for the distribution occurring on dollar amount of claims made under the Distribution Date immediately following PMI Policy that were denied during the end related Prepayment Period (and the number 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 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, as applicable, and that is being distributed Loans to the related Class A Certificates as a mandatory distribution of principal, if any, on which such Distribution Datedenials related). The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager may fully rely upon and the 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting no liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any information with respect to the Mortgage Loan, delinquencies shall be determined by the Trustee from information Loans 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 regulatorsServicer. In the case of information furnished pursuant to subclauses (i), (ii) and (iixiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, shall furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i), (ii), (xiv) and (iixvii) 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 NIMS Insurer and the Residual Certificateholders Class R Certificateholder a copy of the reports forwarded made available to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders Class R Certificateholder by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2004-Ff10 Asset-Backed Certificates, Series 2004-Ff10)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS Insurer, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, Certificates allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Period; (vi) with respect to each Loan Group, the aggregate Principal Balance related group balance at the Close of the Mortgage Loans and any REO Properties as of Business at the end of the relted related Due Period; (vii) the aggregate Principal Balance of any 2nd lien Mortgage Loans; (viii) the number, aggregate Stated Principal Balanceprincipal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance principal balance of all Subsequent Mortgage Loans added during the Funding preceding Prepayment Period; (ixviii) the number and aggregate unpaid Stated Principal Balance 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 107 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefrom; (ix) [reserved]; (x) the total number and cumulative Stated Principal Balance principal balance of all REO Properties as of the Close of Business of the last day of the calendar month preceding the related Distribution DatePrepayment Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) 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 DateLosses; (xivxiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiv) the Certificate Principal Balance of each Class of Class A Certificates, each class of Mezzanine Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, distributions made on such Distribution Date; (xvixv) the Monthly Interest Distributable Amount in respect of each Class 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 each Class of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date; (xviixvi) 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 3.243.26; (xvii) the Credit Enhancement Percentage for such Distribution Date; (xviii) the Net WAC Rate Carryover Amount for each Class 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; (xix) whether 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 and the Realized Loss Percentage for such Distribution Date; (xx) 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)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; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiiiA) the amount of any Net Swap Payments or Swap Termination Paymentspayments 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); (xxivA) the applicable Record Dates, Accrual Periods dollar amount of claims made under the PMI Policy that were denied during the Prepayment Period (and Determination Dates for calculating distributions for the number of Mortgage Loans to which such Distribution Datedenials related) and (B) the dollar amount of the cumulative claims made under the PMI Policy that were denied since the Closing Date (and the number of Mortgage Loans to which such denials related); (xxv) the amount on deposit in the Pre-Funding Accounts and Accounts, the Interest Coverage Accounts, the Excess Net WAC Rate Reserve Account and the Net WAC Rate Carryover Reserve Account; and (xxvi) for 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 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 will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Insurer and the Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “h"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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s 's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date distribution date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. 109 In the case of information furnished pursuant to subclauses (i) and through (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and through (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Trustee shall make available forward to the NIMS Insurer and the Residual Class R Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, Insurer and each Person who at any time during the calendar year was a Residual 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 Residual Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Option One Mort Accept Corp Asset Backed Certs Ser 2003 1)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS InsurerSwap Provider, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:Date (the “Monthly Statement”): (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, Certificates allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the any 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 amount of interest and scheduled principal received or advanced by the Mortgage Loans and any REO Properties as of Master Servicer with respect to the end of the relted related Due Period; (vii) with respect to each Loan Group, the aggregate Principal Balance related group balance at the Close of any 2nd lien Mortgage LoansBusiness at the end of the related Due Period; (viii) the number, aggregate Stated Principal Balanceprincipal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDate; (ix) the number and aggregate unpaid Stated Principal Balance principal balance of Mortgage Loans (except those Mortgage Loans that are liquidated as of the end of the related Prepayment Period) that were (as determined using the OTS method) (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 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; (x) the Delinquency Percentage; (xi) the total number and cumulative Stated Principal Balance 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 calendar month preceding the related Distribution DatePrepayment Period; (xixiii) the aggregate amount of Principal Prepayments in full, the aggregate amount of Principal Prepayments in part and Net Liquidation Proceeds made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiiixiv) 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 DateLosses; (xivxv) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxvi) the Certificate Principal Balance of each Class of Class A Certificates, each class of Mezzanine Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, distributions made on such Distribution Date; (xvixvii) 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 each Class of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date; (xviixviii) 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 3.243.26; (xviiixix) the Senior Credit Enhancement Percentage for such Distribution Date; (xx) the Net WAC Rate Carryover Amount for each Class 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; (xixxxi) the amount of any Net Swap Payments or Swap Termination Payments (a) due from the Trust and (b) due from the Swap Provider; (xxii) whether the Stepdown Date or a Trigger Event has occurred and the Realized Loss Percentage for such Distribution Dateis in effect; (xxxxiii) 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)received; (xxixxiv) 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; (xxiixxv) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiiiA) the amount of any Net Swap Payments or Swap Termination Paymentspayments 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); (xxivxxvi) 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 Net WAC Rate Carryover Reserve Account; and (xxviii) the applicable Record DatesDate, Accrual Periods Period and Determination Dates Date for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvi) for 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 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 will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Insurer and the Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “h▇▇▇▇://▇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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s 's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date distribution date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) and through (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. In addition, the Trustee will report on Form 10-D any material breaches of representations and warranties regarding the Mortgage Loans to the extent known to the Trustee and if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and through (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Trustee shall make available to the NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, Insurer and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force. (e) For each Distribution Date, through and including the Distribution Date in December 2006, the Trustee shall calculate the Significance Percentage of the Interest Rate Swap Agreement. If on any such Distribution Date, the Significance Percentage is equal to or greater than 9%, the Trustee shall promptly notify the Depositor and the Depositor, on behalf of the Trustee, shall obtain the financial information required to be delivered by the Swap Provider pursuant to the terms of the Interest Rate Swap Agreement. If, on any succeeding Distribution Date through and including the Distribution Date in December 2006, the Significance Percentage is equal to or greater than 10%, the Trustee shall promptly notify the Depositor and the Depositor shall, within 5 Business Days of such Distribution Date, deliver to the Trustee the financial information provided to it by the Swap Provider for inclusion in the Form 10-D relating to such Distribution Date. If on any Distribution Date after December 2006, the Significance Percentage is greater than 10%, the Trustee shall include the Significance Percentage on the statement to Certificateholders for the related Distribution Date.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Option One Mortgage Loan Trust Series 2006-2)

Statements. (a) On each Distribution Two Business Days prior to the applicable Auction Payment Date, basedthe Securities Administrator shall make available to the Auction Administrator, as applicable, on information provided and concurrently with each payment to it by the ServicerNoteholders, the Trustee Securities Administrator shall prepare and make available to each Holder of the Regular CertificatesNoteholder, the NIMS InsurerSeller, the Servicer Initial Seller, the Master Servicer, the Indenture Trustee, the Yield Maintenance Counterparty and the Rating Agencies, a statement based, as applicable, on loan-level information provided to it by the Master Servicer and the Servicers (the “Payment Date Statement”) as to the distributions payments to be made or made, as applicable, on such Distribution Payment Date. Information in the Payment Date Statement relating to or based on amounts to be received under the Yield Maintenance Agreements shall be based on information provided by the Yield Maintenance Counterparty regarding any Yield Maintenance Amounts required to be paid by the Yield Maintenance Counterparty for the related Payment Date pursuant to the Yield Maintenance Agreements. The Payment Date Statement shall include the following: (i) the amount of the distribution payment made on such Distribution Payment Date to the Holders of each Class of Regular Certificates, separately identified, Notes allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amountsprincipal; (ii) the amount of the distribution payment made on such Distribution Payment Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) Notes allocable to interest, separately identified; (iii) the Net Monthly Excess CashflowSenior Percentage, the Overcollateralized AmountSenior Prepayment Percentage, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Subordinate Percentage and the Credit Enhancement Subordinate Prepayment Percentage as of such Distribution Date and the Excess Overcollateralized Amount with respect to each Mortgage Loan Group for the Mortgage Pool for such Distribution following Payment 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 and the amount of unreimbursed Advances; (including v) each Mortgage Loan Group Balance and related Available Funds Cap for each Mortgage Loan Group at the general purpose Close of such Advances)Business at the end of the related Due Period; (vi) [the aggregate Principal Balance of the 1-Year CMT Indexed Mortgage Loans and any REO Properties as 3-Year CMT Indexed Mortgage Loans at the Close of Business at the end of the relted related Due Period; (vii) the aggregate Principal Balance of any 2nd lien the 6-Month LIBOR Indexed Mortgage Loans, 1-Month LIBOR Indexed Mortgage Loans and 1-Year LIBOR Indexed Mortgage Loans at the Close of Business at the end of the related Due Period; (viii) the aggregate Principal Balance of the 1-Year MTA Indexed Mortgage Loans at the Close of Business at the end of the related Due Period;] (ix) the amount of the Master Servicing Fees paid to or retained by the Master Servicer; (x) the aggregate amount of Servicer Fees paid to or retained by the Servicers; (xi) to the extent such amounts are paid out of any Trust Account, the amount of fees, expenses or indemnification amounts paid by the Issuer with an identification of the general purpose of such amounts and the party receiving such amounts; (xii) for each Mortgage Loan Group, the number, aggregate Stated Principal Balance, weighted average remaining term to maturity maturity, weighted average life and weighted average Mortgage Rate of the related Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDue Date; (ixxiii) the number and aggregate unpaid Stated Principal Balance principal balance of Mortgage Loans that were Loans, in the aggregate and for each Mortgage Loan Group, using the “MBA” method (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays Delinquent, (2b) 60 to 89 days and Delinquent, (3c) 90 or more daysdays Delinquent, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more daysbankruptcy, in each case as of the Close close of Business business on the last day of the preceding calendar month preceding such Distribution Date and (D) REO Properties, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefrommonth; (xxiv) the rolling six-month delinquency rate for that Payment Date; (xv) the total number and cumulative Stated Principal Balance principal balance of all REO Properties in each Mortgage Loan Group as of the Close of Business of the last day of the calendar month preceding the related Distribution DateDue Period; (xixvi) the aggregate amount of Principal Prepayments and Prepayment Penalty Amounts with respect to each Mortgage Loan Group made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiiixvii) the aggregate amount of Realized Losses for each Mortgage Loan Group and Subsequent Recoveries incurred during the related Prepayment Due Period and the cumulative amount of Realized Losses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount as of Subsequent Recoveries received since the Closing such Payment Date; (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 each Class of Class A Certificates, Mezzanine Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, made on such Distribution Date; (xvi) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine Certificates and the Class 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 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 Servicer pursuant to Section 3.24; (xviii) the Net WAC Rate Carryover Amount cumulative amount of Realized Losses for each Class of Class A Certificates and Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution DateMortgage Loan Group; (xix) whether the Stepdown Date or a Trigger Event has occurred and the Realized Loss Percentage for such Distribution Losses and Subsequent Recoveries, if any, allocated to each Class of Notes on the related Payment Date; (xx) the total cashflows received and the general sources thereof (including amounts received from the Supplemental Interest Trust Trustee under the Interest Rate Swap AgreementClass Principal Amount of each Class of Notes after giving effect to any distributions made thereon, from the Cap Trustee under the Interest Rate Cap Agreement and under the Basis Risk Cap Agreement)on such Payment Date; (xxi) the respective Pass-Through Rates applicable to Current Interest in respect of each Class of Class A CertificatesNotes, Mezzanine Certificates and the Class C Certificates for such Distribution Payment Date and the Pass-Through Rate applicable to each Class respective portions thereof, if any, remaining unpaid following the payments made in respect of Class A Certificates and Mezzanine Certificates for the immediately succeeding Distribution such Notes on such Payment Date; (xxii) payments, if any, made under the Interest Rate Cap Contract and [the amount distributed of Deferred Interest and Net Deferred Interest with respect to each Class of Certificates from payments made under the Interest Rate Cap ContractGroup [ ] Notes;] (xxiii) the amount of any Net Swap Payments or Swap Termination PaymentsAvailable Funds with respect to each Mortgage Loan Group; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates Note Interest Rate for calculating distributions each Class of Notes for such Distribution DatePayment Date and the level of One-Month LIBOR or One-Year LIBOR, as applicable, used to determine the applicable Note Interest Rate; (xxv) the aggregate Principal Balance of Mortgage Loans purchased hereunder by the Initial Seller, the Seller or TMI during the related Due Period, and indicating the Section of this Agreement requiring or allowing the purchase of each such Mortgage Loan; (xxvi) the amount of any Principal Deficiency Amounts or accrued interest amounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(f)(i); (A) the amounts paid to each Class of Offered Notes from Yield Maintenance Amounts received from the Yield Maintenance Counterparty for such period, expressed as a dollar amount and (B) the Yield Maintenance Amount and applicable Strike Rate for each Yield Maintenance Agreement for such Payment Date; (xxviii) on the applicable Auction Payment Date, the Par Price (as defined in the Auction Administration Agreement) for each Class of Auction Notes as reported to the Master Servicer by the Securities Administrator; (xxix) the total number of Mortgage Loans in the aggregate and the aggregate Scheduled Principal Balance in the aggregate and separately for the Group [ ] Mortgage Loans, in each case at the close of business at the end of the related Due Period; (xxx) the amount, if any, remaining on deposit in the Pre-Funding Accounts and the Interest Coverage AccountsReserve Fund; and (xxvixxxi) for [the distribution occurring on the Distribution Date immediately following the end of the Funding Periodamount, the balance if any, remaining 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. [ ] Final Maturity Reserve Account.] The Trustee Securities Administrator will make such statement the Payment Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Securityholders and the Rating Agencies other parties to this Agreement via the TrusteeSecurities Administrator’s internet website. The TrusteeSecurities Administrator’s internet website shall initially be located at “h▇▇▇▇://▇▇▇[ ].▇▇▇.▇▇.▇▇▇/▇▇▇▇”. 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee Securities Administrator shall have the right to change the way such statements reports are distributed in order to make such distribution more convenient and/or more accessible to the above parties parties, and the Trustee Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulatorschange. 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 Off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee Securities Administrator shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular CertificateNoteholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and (ii) 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 NIMS Insurer and the Residual Certificateholders Bloomberg Financial Markets, Inc. in a copy of the reports forwarded format acceptable to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within Bloomberg Financial Markets, Inc. on a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon requestmonthly basis, and each Person who at any time during the calendar year was shall supply an electronic tape to Loan Performance and Intex Solutions in a Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in forcemonthly basis.

Appears in 1 contract

Sources: Sale and Servicing Agreement (Thornburg Mortgage Securities Corp)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS Insurer, the Master Servicer and the Rating Agencies, and forward by mail to the Certificate Insurer, a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Class A 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 AmountsPremiums; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Class A 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 Amount as of such Distribution Date for each Class of Class A Certificates and the Excess Overcollateralized Amount Spread for the Mortgage Pool each related Loan Group for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Period; (vi) the aggregate Pool Principal Balance and the Loan Group Balance for each Loan Group at the Close of the Mortgage Loans and any REO Properties as of Business at the end of the relted related Due Period; (vii) the aggregate Principal Balance of any 2nd lien Mortgage Loans; (viii) the number, aggregate Stated Principal Balanceprincipal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance principal balance of all Subsequent Mortgage Loans added during the Funding preceding Prepayment Period; (ixviii) separately stated for each Loan Group, the number and aggregate unpaid Stated Principal Balance 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 close of Business business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties; (ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, as well as the aggregate loan number of such Mortgage Loan, the unpaid principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefromPrincipal 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 Prepayment Period preceding the Distribution Date, and, cumulatively, the total number and cumulative Stated Principal Balance principal balance of all REO Properties as of the Close of Business of the last day of the calendar month preceding the related Distribution DatePrepayment Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) 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 DateLosses; (xivxiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiv) the Class 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, distributions made on such Distribution Date; (xvixv) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amountrespective portions thereof, if any, with remaining unpaid following the distributions made in respect to each Class of Class A Certificates, Mezzanine such Certificates and the Class C Certificates for on such Distribution Date; (xviixvi) the aggregate amount of any Prepayment Interest Shortfalls and the Unpaid Interest Shortfall Amount for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.243.26; (xvii) the aggregate Premium Amount to be paid to the Certificate Insurer; (xviii) the Group III Net WAC Rate Cap Carryover Amount for each Class of Class A Certificates and Mezzanine CertificatesAmount, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether any Overcollateralization Deficiency Amount after giving effect to the Stepdown Date or a Trigger Event has occurred and the Realized Loss Percentage for distribution of principal on such Distribution Date; (xx) whether the total cashflows received Step Up Cumulative Loss Test and/or Step Up Spread Squeeze Test have been met and the general sources thereof (including amounts received from cumulative realized losses with respect to each Loan Group, as a percentage of 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)original Loan Group Balance; (xxi) the respective Pass-Through Rates applicable Available Funds with respect to each Class of Class A Certificates, Mezzanine Certificates and the Class C Certificates for such Distribution Date and Loan Group; (xxii) the Pass-Through Rate applicable to each Class of Class A Certificates and Mezzanine Certificates for the immediately succeeding Distribution Date; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of A-8 Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxiii) the Liquidation Report (see Exhibit M) for such Distribution Date; (xxiv) the aggregate Principal Balance of Mortgage Loans purchased by the Master Servicer or Seller during the related Prepayment Period and indicating the Section of this Agreement requiring or allowing the purchase of each such Mortgage Loan; (xxv) the number of delinquent Mortgage Loans sold during the preceding Prepayment Period, the aggregate outstanding principal balance of such Mortgage Loans and the aggregate sale price; (xxvi) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvixxvii) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Group I Pre-Funding Account and/or the Group II related 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 Classes of Class A Certificates as a mandatory distribution prepayment of principal, if any, on such Distribution Date. The Trustee will shall make available such report concurrently with each distribution to the Certificateholders and the Rating Agencies, and forward it to the Certificate Insurer on the related Distribution Date. The Trustee may also make such statement (and, at its option, any additional files containing the same information in an alternative format) reports available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager and the Rating Agencies each party referred to in this paragraph via the Trustee’s internet 's website, electronic bulletin board and its fax-on- demand service. The Trustee’s internet 's website shall initially can be located accessed at “h"http://www.ctslink.com". The Trustee'▇ ▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇▇▇▇”. 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 option are entitled to have a paper copy mailed to them via first class mail ▇▇▇▇ board may be accessed by calling the customer service desk (301) 815-6620, and indicating suchits fax-on-deman▇ ▇▇▇▇▇▇▇ ▇▇▇ be accessed by calling (301) 815-6610. The Trustee may full▇ ▇▇▇▇ ▇▇▇▇ ▇▇d shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting no liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulatorsMaster Servicer. In the case of information furnished pursuant to subclauses (i) and through (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and through (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Trustee shall make available forward to the NIMS Insurer and the Residual Class R Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a Residual 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 Residual Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Opt One Mort Accept Corp Loan Tr Asset Bk Cert Ser 1999-2)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the ServicerServicer pursuant to Section 4.04(a), 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 distributions made on such Distribution DateDate which shall include the following information: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount (if any) and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount (if any) for the Mortgage Pool for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Period; (vi) the aggregate Principal Pool Balance at the Close of the Mortgage Loans and any REO Properties as of Business at the end of the relted related Due Period; (vii) the 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 related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding related Prepayment Period; (ixviii) 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) [Reserved]; (x) 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 DatePrepayment Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) 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 DateLosses; (xivxiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiv) the Certificate Principal Balance of each Class of the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, distributions made on such Distribution Date; (xvixv) the Monthly Interest Distributable Amount in respect of 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 Unpaid Interest Shortfall Amount, if any, with respect to each Class of the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates for such Distribution Date; (xviixvi) 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 3.243.26; (xvii) the Credit 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 Mezzanine the Class B Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether 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 and the Realized Loss Percentage for such Distribution Date; (xx) 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)occurred; (xxi) the 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 and each Class of Mezzanine Certificates for the immediately succeeding Distribution Date; 112 (xxiii) the amount on deposit in the Dividend Account immediately prior to the related Servicer Remittance Date, the amount deposited into the Dividend Account on the related Servicer Remittance Date (separately identifying the amount received from Mortgagors and the amount advanced) and the amount withdrawn from the Dividend Account on the related Servicer Remittance Date (separately identifying the amount refunded to Mortgagors and the amount distributed to the holder of the Dividend Account Certificate on such Distribution Date); (xxiixxiv) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvi) for 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 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 will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager and the 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) 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, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and (ii) 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 NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Financial Asset Sec Corp Asset Back Certs Ser 2003 Ffh2)

Statements. (a) On each Distribution Date, based, as applicable, based on the Mortgage Loan information provided to it by contained in the ServicerRemittance Report, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS Insurer, the Servicer and the Rating Agenciespost on its website at w▇▇.▇▇▇▇▇▇▇.▇▇▇, a statement (the “Distribution Date Statement”) as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular CertificatesCertificates allocable to principal, separately identified, allocable to principal identified and the amount of the distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges Charges, Originator Prepayment Charge Payment Amounts and Servicer Prepayment Charge Payment Amounts; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interestinterest or Class CE Distributable Amount, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Targeted Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Monthly Excess Overcollateralized Interest Amount for the Mortgage Pool and Monthly Excess Cashflow Amount for such Distribution Date; (iv) the fees and expenses aggregate amount of servicing compensation received by the Trust Fund accrued and paid on such Distribution Date and to whom such fees and expenses were paidServicer during the related Collection Period; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Collection Period, cumulative unreimbursed Advances and Servicing Advances and cumulative Nonrecoverable Advances); (vi) the aggregate Principal Balance Pool Balance, at the close of the Mortgage Loans and any REO Properties as of business at the end of the relted Due related Collection Period; (vii) the aggregate Principal Balance of any 2nd lien Mortgage Loans; (viii) the number, aggregate Stated Principal Balance, weighted average remaining term to maturity and maturity, the weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Determination Due Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding preceding Prepayment Period; (ixviii) the number and aggregate unpaid Stated Principal Balance principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays past due on a contractual basis, (2b) 60 to 89 days and past due on a contractual basis, (3c) 90 or more daysdays past due on a contractual basis, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close close of Business business on the last day of the calendar month preceding such Distribution Date and Date; (Dix) with respect to any Mortgage Loan that became an REO PropertiesProperty during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid Principal Balance of the REO Property as well as of the aggregate principal balance close of Mortgage Loans that were liquidated business on the last Business Day of such calendar month and the net proceeds resulting therefromPrincipal Balance of such Mortgage Loan as of the date it became an REO Property; (x) the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative Stated Principal Balance principal balance of all REO Properties as of the Close close of Business business of the last day of the calendar month preceding the related Distribution DateCollection Period; (xi) separately stated for each Loan Group, the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) separately stated for each Loan Group, the aggregate amount of Realized Losses incurred during the related Prepayment Collection Period and the cumulative amount of Realized Losses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing DateLosses; (xiv) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiii) 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 LossesLosses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts; (xiv) the Accrued Certificate Interest in respect of each Class of Certificates for such Distribution Date and any related Cap Carryover Amounts, and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date; (xvi) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine Certificates and the Class 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 C Certificates for such Distribution Date; (xviixv) 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 3.243.23; (xviiixvi) the Net WAC Rate Cap Carryover Amount for each Class of Class A Certificates and Mezzanine CertificatesAmounts distributed on such Distribution Date, if any, for the amounts remaining after giving effect to distributions thereof on such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Dateof all Cap Carryover Amounts covered by withdrawals from the Cap Carryover Reserve Account; (xix) whether the Stepdown Date or a Trigger Event has occurred and the Realized Loss Percentage for such Distribution Date; (xx) 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); (xxi) the respective Pass-Through Rates applicable to each Class of Class A Certificates, 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 Mezzanine Certificates for the immediately succeeding Distribution Date; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvixvii) for the distribution occurring on the Distribution Date immediately following the end of the Funding Period, the balance on deposit in the Group I 1 Pre-Funding Account and/or the Group II 2 Pre-Funding Account that has not been used to purchase Subsequent Group I 1 Mortgage Loans and/or Subsequent Group II 2 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 will make . (xviii) any Overcollateralization Deficiency after giving effect to the distribution of principal on such statement Distribution Date; (andxix) whether a Trigger Event has occurred and is continuing, and the cumulative Realized Losses, as a percentage of the original Pool Balance; (xx) the Available Funds; (xxi) the rate at its option, any additional files containing which interest accrues for each Class of Certificates for such Distribution Date; (xxii) the same information contained in an alternative formatthe Liquidation Report for such Distribution Date; (xxiii) available each month to Certificateholdersthe aggregate Principal Balance of Mortgage Loans purchased by the Servicer, the NIMS Insurer, 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 amount of the Credit Risk Manager Fee paid; (xxv) the Mortgage Loan identifying number of each Mortgage Loan with a Prepayment Charge that was the subject of a Principal Prepayment in full during the related Collection Period, the Prepayment Charge listed on each related Mortgage Note and the Rating Agencies via Prepayment Charge collected, the Trustee’s internet website. The Trustee’s internet website shall initially be located at “h▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇▇▇▇”. Assistance in using Servicer Prepayment Charge Payment Amount paid by the website can be obtained Servicer or the Originator Prepayment Charge Payment Amount paid by calling the Trustee’s customer service desk at Originator with respect to each such Mortgage Loan; (▇▇▇xxvi) ▇▇▇-▇▇▇▇. 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 amount of Subsequent Recoveries received during the customer service desk and indicating suchrelated Prepayment Period; (xxvii) the amount of any Net Swap Payments or Swap Termination Payments. The Trustee may fully rely upon and shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting no liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any information with respect to the Mortgage Loan, delinquencies shall be determined by the Trustee from information Loans 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 regulatorsServicer. In the case of information furnished pursuant to subclauses (i), (ii) and (iixiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, shall furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i), (ii), (xiv) and (iixvii) 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 each Residual Certificateholders Certificateholder a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders a Residual Certificateholder by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (ABFC Asset-Backed Certificates, Series 2005-Wmc1)

Statements. (a) 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 and the Rating Agencies, a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage 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 relted Due Period; (vii) the 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 related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDate; (ixviii) 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; (xix) 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; (xix) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xiixi) the Delinquency Percentage; (xiiixii) 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; (xivxiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiv) 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; (xvixv) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine Certificates, Class B Certificates and the Class 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, Class B Certificates and the Class C Certificates for such Distribution Date; (xviixvi) 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; (xviiixvii) the Net WAC Rate Carryover Amount for each Class of Class A Certificates, Class B Certificates and Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xixxviii) whether the Stepdown Date or a Trigger Event has occurred and the Realized Loss Percentage for such Distribution Date; (xxxix) 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)thereof; (xxixx) the respective Pass-Through Rates applicable to each Class of Class A Certificates, Class B Certificates Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Class A Certificates, Class B Certificates and Mezzanine Certificates for the immediately succeeding Distribution Date; (xxiixxi) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiiixxii) the amount of any Net Swap Payments or Swap Termination Payments;; and (xxivxxiii) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvi) for 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 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 will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager and the Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “h▇▇▇▇://▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇▇▇▇/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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) 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, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and (ii) 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 NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Fremont Home Loan Trust 2006-1)

Statements. (a) 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 and the Rating Agencies, a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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;; 121 (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Period; (vi) the aggregate Principal Pool Balance at the Close of the Mortgage Loans and any REO Properties as of Business at the end of the relted related Due Period; (vii) the 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 related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding Period; (ixviii) 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) [reserved]; (x) 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 DatePrepayment Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) 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; (xivxiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiv) the Certificate Principal Balance of each Class of Class A Certificates, Mezzanine Floating Rate Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, distributions made on such Distribution Date; (xvixv) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine 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 Class A Certificates, Mezzanine Floating Rate Certificates and the Class C Certificates for such Distribution Date; (xviixvi) 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 3.243.26; (xvii) the Credit Enhancement Percentage for such Distribution Date; (xviii) the Net WAC Rate Carryover Amount for each Class of Class A Certificates and Mezzanine Floating Rate Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether 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 and the Realized Loss Percentage for such Distribution Date; (xx) 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)occurred; (xxi) the Available Funds; (xxii) the respective Pass-Through Rates applicable to each Class of Class A Certificates, Mezzanine Floating Rate Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Class A Certificates and Mezzanine Floating Rate Certificates for the immediately succeeding Distribution Date; (xxiixxiii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvixxv) for 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 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. 123 The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Certificateholders and the Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “h"▇▇▇▇://▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇▇▇▇”/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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s 's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) and through (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and (ii) 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 NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.. 124

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Fremont Home Loan Trust 2004-4)

Statements. (a) On each Distribution Date, basedbased on the Mortgage Loan information contained in the Remittance Report and, as applicablewith respect to subsections (xxxiv) and (xxxv) below, on information provided to it by after consultation with the ServicerDepositor, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS Insurer, the Servicer and the Rating Agenciespost on its website at www.ctslink.com, a statement (the "Distribution Date Statement") as to the distributions t▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇ions made on such Distribution Date: (i) the date of such Distribution Date and the Determination Date and LIBOR Determination Date for such Distribution Date; (ii) for each Class, the applicable Record Date and Interest Accrual Period; (iii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular CertificatesCertificates allocable to principal, separately identified, allocable to principal identified and the amount of the distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges Charges, Originator Prepayment Charge Payment Amounts and Servicer Prepayment Charge Payment Amounts; (iiiv) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interestinterest or Class CE Distributable Amount, separately identified; (iiiv) the Net Group 1 Interest Remittance Amount, the Group 2 Interest Remittance Amount, the Principal Remittance Amount, the Monthly Excess Cashflow, Interest Amount and Monthly Excess Cashflow Amount for such Distribution Date and the Overcollateralized Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Targeted Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (ivvi) the fees and expenses amount of the Trust Fund accrued and Servicing Fee paid on such Distribution Date and to whom such fees and expenses were paidor retained by the Servicer with respect to each Loan Group during the related Collection Period; (vvii) the aggregate amount of Advances for the related Due Period (including the general purpose of such Collection Period, cumulative unreimbursed Advances and cumulative Nonrecoverable Advances); (vi) the aggregate Principal Balance of the Mortgage Loans and any REO Properties as of the end of the relted Due Period; (vii) the aggregate Principal Balance of any 2nd lien Mortgage Loans; (viii) the Pool Balance, at the close of business at the end of the related Collection Period; (ix) the number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDue Date; (ixx) for each Loan Group, the number and aggregate unpaid Stated Principal Balance principal balance of Mortgage Loans that were (A) Delinquent delinquent (exclusive of Mortgage Loans in bankruptcy foreclosure or foreclosure and REO Propertiesin bankruptcy) (1a) 30 to 59 daysone payment, (2b) 60 to 89 days and two payments, (3c) 90 three payments or more daysmore, (B) as to which foreclosure proceedings have been commenced in foreclosure, 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 daysbankruptcy, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close close of Business business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefromDate; (xxi) 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 Business Day of such calendar month and the Principal Balance of such Mortgage Loan as of the date it became an REO Property; (xii) 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 Stated Principal Balance principal balance of all REO Properties as of the Close close of Business business of the last day of the calendar month preceding the related Distribution DateCollection Period; (xixiii) separately stated for each Loan Group, the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xiixiv) the Delinquency Percentage; (xiii) separately stated for each Loan Group, the aggregate amount of Realized Losses incurred during the related Prepayment Collection Period and the cumulative amount of Realized Losses 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; (xiv) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution DateLosses; (xv) the Certificate Principal Balance of each Class of Class A Certificates, Mezzanine Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized LossesLosses 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; (xvi) the Monthly Accrued Certificate Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine Certificates and the Class C Certificates for such Distribution Date and any related Interest Carry Forward Amounts, and the Unpaid Interest Shortfall Amountrespective portions thereof, if any, with remaining unpaid following the distributions made in respect to each Class of Class A Certificates, Mezzanine such Certificates and the Class C Certificates for on 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 Servicer pursuant to Section 3.243.23; (xviii) the Net WAC Rate Carryover Amount amount of the Trustee Fee paid to the Trustee with respect to each Loan Group for each Class of Class A Certificates and Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether the Stepdown Cap Carryover Amounts distributed on such Distribution Date, the amounts remaining after giving effect to distributions thereof on such Distribution Date or a Trigger Event has occurred and the Realized Loss Percentage for amount of all Cap Carryover Amounts covered by withdrawals from the Class A-1 Reserve Account, the Group 2-A Reserve Account and Class M Reserve Account on such Distribution Date; (xx) The balance of the total cashflows received Class A-1 Reserve Account, the Group 2-A Reserve Account and Class M Reserve Account on such Distribution Date, before and after giving effect to 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)distributions; (xxi) any Overcollateralization Deficiency after giving effect to the respective Pass-Through Rates applicable to each Class distribution of Class A Certificates, Mezzanine Certificates and the Class C Certificates for principal on such Distribution Date and the Pass-Through Rate applicable to each Class of Class A Certificates and Mezzanine Certificates for the immediately succeeding Distribution Date; (xxii) paymentswhether a Trigger Event has occurred and is continuing (including the calculation demonstrating the existence of the Trigger Event), if any, made under the Interest Rate Cap Contract and the amount distributed to each Class cumulative Realized Losses, as a percentage of Certificates from payments made under the Interest Rate Cap Contractoriginal Pool Balance; (xxiii) the amount of any Net Swap Payments or Swap Termination PaymentsAvailable Funds; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates Certificate Interest Rate for calculating distributions each Class of Certificates for such Distribution Date; (xxv) the amount on deposit information contained in the Pre-Funding Accounts and the Interest Coverage Accounts; andLiquidation Report for such Distribution Date; (xxvi) for the distribution occurring on aggregate Principal Balance of Mortgage Loans purchased by the Distribution Date immediately following the end of the Funding PeriodServicer, the balance on deposit in Originator or 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 Seller during the related Class A Certificates as a mandatory distribution Prepayment Period and indicating the section of principal, if any, on this Agreement requiring or allowing the purchase of each such Distribution Date. The Trustee will make such statement Mortgage Loan; (and, at its option, any additional files containing xxvii) the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, amount of the Credit Risk Manager and the 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible Fee paid to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, Credit Risk Manager with respect to any each Loan Group for such Distribution Date; (xxviii) the Mortgage LoanLoan 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, delinquencies shall be determined by the Trustee from information provided Prepayment Charge listed on each related Mortgage Note and the Prepayment Charge collected, the Servicer Prepayment Charge Payment Amount paid by the Servicer and reported or the Originator Prepayment Charge Payment Amount paid by the Trustee based on Originator with respect to each such Mortgage Loan; (xxix) the OTS methodology amount of Subsequent Recoveries received during the related Prepayment Period; (xxx) for determining delinquencies on mortgage loans similar to each Loan Group, the number and aggregate Principal Balance of Mortgage Loans, the Weighted Average Net Mortgage Rate, the ranges of Mortgage Interest Rates for the Mortgage Loans. By way , separated by 0.25% and the weighted average remaining term to maturity of examplethe Mortgage Loans, 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 each as of the close of business on the Mortgage Loan’s next succeeding Due last day of the related Collection Period (after giving effect to Principal Prepayments in the related Prepayment Period); (xxxi) any expenses or indemnification amounts paid by the Trust (other than the Servicing Fee, the Trustee Fee or the Credit Risk Manager Fee), the specific purpose of each payment and the parties to whom such payments were made; (xxxii) the Class A-1 Yield Maintenance Agreement Payment, Group 2-A Yield Maintenance Agreement Payment and the Class M Yield Maintenance Agreement Payment, if any, for such Distribution Date; (xxxiii) any material modifications, and a extensions or waivers to Mortgage Loan would be more than 30terms, fees, penalties or payments since the previous Distribution Date and cumulatively since the Cut-days Delinquent off Date; (xxxiv) unless such information is set forth in the Form 10-D relating to such Distribution Date and provided the Trustee is reasonably able to include such information on the statement, any material breaches of representations and warranties relating to the Mortgage Loans and any material breach of covenants hereunder; and (xxxv) the number and aggregate Principal Balance of any Mortgage Loans repurchased by the Originator, the Seller or the Depositor from the Trust since the previous Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to such Scheduled Payment if such Scheduled Payment were not made information with respect to the Mortgage Loans provided 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 regulatorsServicer. In the case of information furnished pursuant to subclauses (iiii), (iv) and (iixiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, shall furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i), (ii), (xvi) and (iixix) 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 each holder of the NIMS Insurer Class R and the Residual Certificateholders Class R-X Certificates a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders each holder of the Class R and Class R-X Certificates by the Trustee pursuant to any requirements of the Code as from time to time in force. (d) For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined and reported based on the so-called "OTS" methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be one payment delinquent with respect to a Monthly Payment due on a Due Date if such Monthly Payment is not made by the close of business on the Mortgage Loan's next succeeding Due Date, and a Mortgage Loan would be two payments delinquent with respect to such Monthly Payment if such Monthly Payment were not made by the close of business on the Mortgage Loan's second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that this delinquency recognition policy is its current policy and is not less restrictive than any delinquency recognition policy established by the primary safety and soundness regulator, if any, of the Servicer.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Asset Backed Funding Corp)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS Insurer, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the 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 Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Period; (vi) the aggregate Principal Pool Balance at the Close of the Mortgage Loans and any REO Properties as of Business at the end of the relted related Due Period; (vii) the aggregate Principal Balance of any 2nd lien Mortgage Loans; (viii) the number, aggregate Stated Principal Balanceprincipal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance principal balance of all Subsequent Mortgage Loans added during the Funding preceding Prepayment Period; (ixviii) the number and aggregate unpaid Stated Principal Balance 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; (ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, as well as the aggregate loan number of such Mortgage Loan, the unpaid principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefromPrincipal Balance of such Mortgage Loan as of the date it became an REO Property; (x) the total number and cumulative Stated Principal Balance principal balance of all REO Properties as of the Close of Business of the last day of the calendar month preceding the related Distribution DatePrepayment Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) 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 DateLosses; (xivxiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or for such Distribution Date; (xiv) the Distribution Account for Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date; (xv) the Certificate Principal Balance of each Class of Class A Certificates, Mezzanine Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, made on such Distribution Date; (xvi) the Monthly Interest Distributable Amount in respect of each Class of the Class A Certificates, the Mezzanine Certificates, the Class C Certificates and the Class C S Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to each Class of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date; (xviixvi) 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 3.243.26; (xvii) the Credit Enhancement Percentage for such Distribution Date; (xviii) the Net WAC Rate Carryover Amount for each Class of the Class A Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether 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 and the Realized Loss Percentage for such Distribution Date; (xx) 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)occurred; (xxi) the Available Funds; (xxii) the respective Pass-Through Rates applicable to each Class of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass-Pass- Through Rate applicable to each Class of the Class A Certificates and the Mezzanine Certificates for the immediately succeeding Distribution Date; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments[reserved]; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date[reserved]; (xxv) [reserved]; (xxvi) the amount on deposit in the Pre-Funding Accounts and Account, the Interest Coverage AccountsAccount and the Reserve Fund; and (xxvixxvii) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Group I Pre-Funding Account and/or the Group II Pre-Funding Account that has not been used to purchase Subsequent Group I Mortgage Loans and/or Subsequent Group II Mortgage Loans, as applicable, and that is being distributed to the related Class A Certificates as a mandatory distribution prepayment of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Certificateholders and the Rating Agencies 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 (▇▇▇) ▇▇▇-▇▇▇▇. The Trustee's internet website shall initially be located at “h▇▇▇▇://"▇▇▇.▇▇▇.▇▇▇▇.▇▇▇/▇▇▇▇”". Assistance in using the website or the fax-on-demand service can be obtained by calling the Trustee’s 's customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) and through (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and through (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Trustee shall make available forward to the NIMS Insurer and the Residual Class R Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a Residual 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 Residual Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Option One Mort Accep Corp Asset Backed Cert Ser 2000-1)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the each Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS Insurer, the Servicer Servicers and the Rating Agencies, a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by each Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances and/or Monthly Advances for the related Due Period (including the general purpose of such Advances)Period; (vi) the aggregate Principal Pool Balance at the Close of the Mortgage Loans and any REO Properties as of Business at the end of the relted related Due Period; (vii) the 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 related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDate; (ixviii) 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) [reserved]; (x) 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 DatePrepayment Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) 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; (xivxiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiv) the Certificate Principal Balance of each Class of Class A Certificates, the Mezzanine Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, distributions made on such Distribution Date; (xvixv) the Monthly Interest Distributable Amount in respect of each Class 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 each Class of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date; (xviixvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the Servicer GMACM pursuant to Section 3.243.24 or by Countrywide Servicing pursuant to Section 2.04 of Exhibit B; (xvii) the Credit Enhancement Percentage for such Distribution Date; (xviii) the Net WAC Rate Carryover Amount for each Class of the Class A Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether 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 and the Realized Loss Percentage for such Distribution Date; (xx) 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)occurred; (xxi) the Available Funds; (xxii) the respective Pass-Through Rates applicable to each Class of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of the Class A Certificates and the Mezzanine Certificates for the immediately succeeding Distribution Date;; and (xxiixxiii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvi) for 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 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 will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Certificateholders and the 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) 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, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and (ii) 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 NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Soundview Home Loan Trust 2005-B)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS InsurerMaster Servicer, the Servicer Rating Agencies and the Rating AgenciesCertificate Insurer, a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the 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 Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Period; (vi) the aggregate Principal Pool Balance at the Close of the Mortgage Loans and any REO Properties as of Business at the end of the relted related Due Period; (vii) the aggregate Principal Balance of any 2nd lien Mortgage Loans; (viii) the number, aggregate Stated Principal Balanceprincipal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance principal balance of all Subsequent Mortgage Loans added during the Funding preceding Prepayment Period; (ixviii) the number and aggregate unpaid Stated Principal Balance 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 case as of the Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties; (ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, as well as the aggregate loan number of such Mortgage Loan, the unpaid principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefromPrincipal Balance of such Mortgage Loan as of the date it became an REO Property; (x) the total number and cumulative Stated Principal Balance principal balance of all REO Properties as of the Close of Business of the last day of the calendar month preceding the related Distribution DatePrepayment Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) 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 DateLosses; (xivxiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or for such Distribution Date; (xiv) the Distribution Account for Certificate Principal Balance of the Class A Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date; (xv) the Certificate Principal Balance Interest Distributable Amount and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of each Class of the Class A Certificates, Mezzanine Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, made S Certificates on such Distribution Date; (xvi) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine Certificates and the Class 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 C Certificates for such Distribution Date; (xvii) the aggregate amount of any Prepayment Interest Shortfalls and the Unpaid Interest Shortfall Amount for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.243.26; (xvii) the aggregate Premium Amount to be paid to the Certificate Insurer; (xviii) the Net WAC Rate Carryover Amount for each Class of Class A Certificates and Mezzanine CertificatesAmount, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether any Overcollateralization Deficiency Amount after giving effect to the Stepdown Date or a Trigger Event has occurred and the Realized Loss Percentage for distribution of principal on such Distribution Date; (xx) whether the total cashflows received Step Up Cumulative Loss Test and/or Step Up Spread Squeeze Test have been met and the general sources thereof (including amounts received from cumulative realized losses, as a percentage of 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)original Pool Balance; (xxi) the respective Pass-Through Rates applicable to each Class of Class A Certificates, Mezzanine Certificates and the Class C Certificates for such Distribution Date and Available Funds; (xxii) the Pass-Through Rate applicable to each Class of for the Class A Certificates and Mezzanine Certificates for the immediately succeeding Distribution Date; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxiii) [reserved]; (xxiv) the aggregate Principal Balance of Mortgage Loans purchased by the Master Servicer or Seller during the related Prepayment Period and indicating the Section of this Agreement requiring or allowing the purchase of each such Mortgage Loan; (xxv) the number of delinquent Mortgage Loans sold during the preceding Prepayment Period, the aggregate outstanding principal balance of such Mortgage Loans and the aggregate sale price; (xxvi) the amount on deposit in the Pre-Funding Accounts and Account, the Interest Coverage AccountsAccount 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 rendered under the Yield Maintenance Agreement; and (xxvixxix) for the distribution occurring on the Distribution Date immediately following the end of the related Funding Period, the balance on deposit in the Group I Pre-Funding Account and/or the Group II Pre-Funding Account that has not been used to purchase Subsequent Group I Mortgage Loans and/or Subsequent Group II Mortgage Loans, as applicable, and that is being distributed to the related Class A Certificates as a mandatory distribution prepayment of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Rating Agencies and the Rating Agencies 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 “h▇▇▇▇://"▇▇▇.▇▇▇.▇▇▇▇.▇▇▇/▇▇▇▇”". 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 option options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) and through (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and through (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Trustee shall make available forward to the NIMS Insurer and the Residual Class R Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a Residual 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 Residual Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force. (e) The Trustee hereby agrees to disclose the Premium Amount to any Person upon request.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Option One Mort Ln Tr 1999-3 Asset Backed Cert Ser 1999-3)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the ServicerServicer pursuant to Sections 3.19 and 4.04, 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 distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Period; (vi) the aggregate Principal Pool Balance at the Close of the Mortgage Loans and any REO Properties as of Business at the end of the relted related Due Period; (vii) the 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 related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDate; (ixviii) 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 Due Period 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) [Reserved]; (x) 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 DatePrepayment Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and Period, the cumulative amount of Realized Losses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date; (xivxiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiv) the Certificate Principal Balance of each Class of the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, distributions made on such Distribution Date; (xvixv) the Monthly Interest Distributable Amount in respect of 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 Unpaid Interest Shortfall Amount, if any, with respect to each Class of the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates for such Distribution Date; (xviixvi) the aggregate amount of any Net Prepayment Interest Shortfalls for such Distribution Date, to ; (xvii) the extent not covered by payments by the Servicer pursuant to Section 3.24Credit Enhancement Percentage for such Distribution Date; (xviii) the Net WAC Rate Carryover Amount for each Class of the Class A Certificates, the Mezzanine Certificates and Mezzanine the Class B Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether 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 and the Realized Loss Percentage for such Distribution Date; (xx) 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)occurred; (xxi) the 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, each Class of Mezzanine Certificates and Mezzanine each Class of Class B Certificates for the immediately succeeding Distribution Date;; and (xxiixxiii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvi) for 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 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 will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Certificateholders and the 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) 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, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and (ii) 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 NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Equifirst Mortgage Loan Trust 2005-1)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it the Trust Administrator by the Master Servicer (which in turn shall be based, as applicable, on information provided to the Master Servicer by the Servicer), the Trustee Trust Administrator shall prepare and make available to each Holder of the Regular Certificates, the NIMS InsurerCredit Risk Manager, the Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount 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 Pool Balance at the Close of the Mortgage Loans and any REO Properties as of Business at the end of the relted related Due Period; (vii) the 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 related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding Period; (ixviii) the number and aggregate unpaid Stated Principal Balance of Mortgage Loans (not including a Liquidated Mortgage Loan as of the end of the Prepayment Period) that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) using the OTS Method (as described below) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 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; (xix) 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; (xix) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiiixi) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses and Period, which will include the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the aggregate amount of Realized Losses incurred since the Closing Date, which will include the cumulative amount of Subsequent Recoveries received since the Closing Date; (xivxii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiii) the Certificate Principal Balance of each Class of Class A Certificates, Mezzanine Floating Rate Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, distributions made on such Distribution Date; (xvixiv) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine the 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 Class A Certificates, Mezzanine Certificates and the Class C Floating Rate Certificates for such Distribution Date; (xviixv) 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; (xviiixvi) the Credit Enhancement Percentage for such Distribution Date; (xvii) the Net WAC Rate Carryover Amount for each Class of Class A Certificates and Mezzanine the Floating Rate Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xixxviii) whether the Stepdown Date or a Trigger Event has occurred occurred, the Delinquency Percentage for such Distribution Date and the Realized Loss Percentage for such Distribution Date; (xxxix) 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); (xxixx) the respective Pass-Through Rates applicable to each Class of Class A Certificates, Mezzanine the Floating Rate Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Class A Certificates and Mezzanine the Floating Rate Certificates for the immediately succeeding Distribution Date; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiiixxi) the amount of any Net Swap Payments or Swap Termination PaymentsPayments paid to the Swap Provider; (xxivxxii) the applicable Record DatesDate, Accrual Periods Period and Determination Dates any other applicable determination dates for calculating distributions for such Distribution Date; (xxvxxiii) the amount on deposit in the Pre-Funding Accounts Account and the Interest Coverage AccountsAccount; and (xxvixxiv) for 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 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 Trust Administrator will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS InsurerMaster Servicer, the Credit Risk Manager Servicer, the Depositor and the Rating Agencies via the TrusteeTrust Administrator’s internet website. The TrusteeTrust Administrator’s internet website shall initially be located at “h▇▇▇▇://▇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 option options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee Trust Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee Trust Administrator shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to 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 Distribution Date distribution date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) 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. In addition, on each Distribution Date, based, as applicable, on information provided to the Trust Administrator by the Master Servicer (which in turn shall be based, as applicable, on information provided to the Master Servicer by the Servicer), the Trust Administrator shall prepare and make available information, separated for each Originator, regarding the performance of the Mortgage Loans, including, but not limited to, information regarding delinquency, loss and prepayment experience of the Mortgage Loans. (b) Within a reasonable period of time after the end of each calendar year, the Trustee Trust Administrator shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and (ii) 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 NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee Trust Administrator deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee Trust Administrator shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee Trust Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee Trust Administrator pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Soundview Home Loan Trust 2006-3)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS Insurer, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the 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 Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Period; (vi) the aggregate Principal Pool Balance at the Close of the Mortgage Loans and any REO Properties as of Business at the end of the relted related Due Period; (vii) the aggregate Principal Balance of any 2nd lien Mortgage Loans; (viii) the number, aggregate Stated Principal Balanceprincipal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance principal balance of all Subsequent Mortgage Loans added during the Funding preceding Prepayment Period; (ixviii) the number and aggregate unpaid Stated Principal Balance 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) [reserved]; (x) the total number and cumulative Stated Principal Balance principal balance of all REO Properties as of the Close of Business of the last day of the calendar month preceding the related Distribution DatePrepayment Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) 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 DateLosses; (xivxiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or for such Distribution Date; (xiv) the Distribution Account for Certificate Principal Balance of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, after giving effect to the distributions made on such Distribution Date; (xv) the Certificate Principal Balance of each Class of Class A Certificates, Mezzanine Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, made on such Distribution Date; (xvi) the Monthly Interest Distributable Amount in respect of each Class 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 each Class of the Class A Certificates, the Class S Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date; (xviixvi) 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 3.243.26; (xvii) the Credit Enhancement Percentage for such Distribution Date; (xviii) the Net WAC Rate Carryover Amount for each Class of the Class A Certificates, the Class S Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;; 97 (xix) whether 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 and the Realized Loss Percentage for such Distribution Date; (xx) 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)occurred; (xxi) the Available Funds; (xxii) the respective Pass-Through Rates applicable to each Class of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass-Pass- Through Rate applicable to each Class of the Class A Certificates and the Mezzanine Certificates for the immediately succeeding Distribution Date; (xxiixxiii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiiiA) the amount of any Net Swap Payments or Swap Termination Paymentspayments 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); (xxivA) the applicable Record Dates, Accrual Periods dollar amount of claims made under the PMI Policy that were denied during the Prepayment Period (and Determination Dates for calculating distributions for the number of Mortgage Loans to which such Distribution Datedenials related) and (B) the dollar amount of the cumulative claims made under the PMI Policy that were denied since the Closing Date (and the number of Mortgage Loans to which such denials related); (xxv) the amount on deposit in the Pre-Funding Accounts and Account, the Interest Coverage AccountsAccount and the Net WAC Rate Carryover Reserve Account; and (xxvi) for 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 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 prepayment of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Insurer and the 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 (▇▇▇301) ▇▇▇815-▇▇▇▇6600. 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s 's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. 98 The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date distribution date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) and through (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and through (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Trustee shall make available forward to the NIMS Insurer and the Residual Class R Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, Insurer and each Person who at any time during the calendar year was a Residual 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 Residual Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Option One Mortgage Loan Tr Asset Backed Cert Ser 2002-2)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Servicer, 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 distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Period; (vi) the aggregate Principal Pool Balance at the Close of the Mortgage Loans and any REO Properties as of Business at the end of the relted related Due Period; (vii) the 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 related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding Period; (ixviii) 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) [reserved]; (x) 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 DatePrepayment Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) 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; (xivxiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiv) the Certificate Principal Balance of each Class of Class A Certificates, Mezzanine Adjustable-Rate Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, distributions made on such Distribution Date; (xvixv) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine Adjustable-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 Class A Certificates, Mezzanine Adjustable-Rate Certificates and the Class C Certificates for such Distribution Date; (xviixvi) 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 Credit Enhancement Percentage for such Distribution Date; (xviii) the Net WAC Rate Carryover Amount for each Class of Class A Certificates and Mezzanine Adjustable-Rate Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether 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 and the Realized Loss Percentage for such Distribution Date; (xx) 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)occurred; (xxi) the Available Funds; (xxii) the respective Pass-Through Rates applicable to each Class of Class A Certificates, Mezzanine Adjustable-Rate Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Class A Certificates and Mezzanine Adjustable-Rate Certificates for the immediately succeeding Distribution Date; (xxiixxiii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvixxv) for 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 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 will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Certificateholders and the Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “h"▇▇▇▇://▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇▇▇▇”/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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s 's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) and through (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and (ii) 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 NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2005-Ff4)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the each Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS Insurer, the Servicer Servicers and the Rating Agencies, a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount 104 as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by each Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Period; (vi) the aggregate Principal Pool Balance at the Close of the Mortgage Loans and any REO Properties as of Business at the end of the relted related Due Period; (vii) the 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 related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDate; (ixviii) 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; (ix) payments, as well as if any, made under the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefromCap Contract; (x) 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 DatePrepayment Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) the aggregate amount of 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 related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date; (xivxiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiv) the Certificate Principal Balance of each Class of Class A Regular Certificates, Mezzanine Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, distributions made on such Distribution Date; (xvixv) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine Regular Certificates and (other than the Class C Certificates P Certificates) for such Distribution Date and the Unpaid 105 Interest Shortfall Amount, if any, with respect to each Class of the Class A Certificates, the Mezzanine Certificates and the Class C B Certificates for such Distribution Date; (xvi) the aggregate amount of any Net Prepayment Interest Shortfalls for such Distribution Date; (xvii) the aggregate amount of any Prepayment Interest Shortfalls Credit Enhancement Percentage for such Distribution Date, to the extent not covered by payments by the Servicer pursuant to Section 3.24; (xviii) the Net WAC Rate Carryover Amount for each Class of the Class A Certificates, the Mezzanine Certificates and Mezzanine the Class B Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether the Overcollateralization Target Amount, any Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date; (xx) when the Stepdown Date or a Trigger Event has occurred and the Realized Loss Percentage for such Distribution Date; (xx) 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)occurred; (xxi) the Available Funds; and (xxii) the respective Pass-Through Rates applicable to each Class of the 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 the Class A Certificates and each Class of Mezzanine Certificates for the immediately succeeding Distribution Date; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvi) for 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 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 will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Certificateholders and the Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “h"▇▇▇▇://▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇”/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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s 's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) and through (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date.. 106 (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and through (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Trustee shall make available to the NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Soundview Home Loan Trust 2004-1)

Statements. (a) On each Distribution Date, based, as applicable, on the Mortgage Loan information provided to it by contained in the ServicerRemittance Report, the Trustee shall prepare and make available post on its website at www.etrustee.net and forward by mail to each Holder of the Regular CertificatesCert▇▇▇▇▇▇▇▇, the NIMS Insurer, the Servicer and the Rating Agencies, a statement ▇ ▇▇▇▇ement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, Certificates allocable to principal or reduction of Notional Amount, separately identified and the amount of the distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interestinterest or Class CE Distributable Amount, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Overcollateralization 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 Amount as of such Distribution Date and the Monthly Excess Overcollateralized Interest Amount for the Mortgage Pool and Monthly Excess Cashflow Amount for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Servicer during the related Collection Period and expenses of the Trust Fund accrued and paid on such Distribution Date and to whom such fees and expenses were paidunpaid Special Servicing Fees; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Collection Period; (vi) the aggregate Principal Pool Balance at the close of the Mortgage Loans and any REO Properties as of business at the end of the relted Due related Collection Period; (vii) the 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 Interest Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDue Date; (ixviii) the number and aggregate unpaid Stated Principal Balance principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays past due on a contractual basis, (2b) 60 to 89 days and past due on a contractual basis, (3c) 90 or more daysdays past due on a contractual basis, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close close of Business business on the last day of the calendar month preceding such Distribution Date and Date; (Dix) with respect to any Mortgage Loan that became an REO PropertiesProperty during the preceding calendar month, as well as the aggregate loan number of such Mortgage Loan, the unpaid principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefromPrincipal Balance of such Mortgage Loan as of the date it became an REO Property; (x) the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative Stated Principal Balance principal balance of all REO Properties as of the Close close of Business business of the last day of the calendar month preceding the related Distribution DateCollection Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) the aggregate amount of Realized Losses incurred during the related Prepayment Collection 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 DateLosses; (xiv) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiii) the Certificate Principal Balance Balance, or Notional Amount, as applicable, 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 LossesLosses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts; (xiv) the Accrued Certificate Interest in respect of each Class of Certificates for such Distribution Date, separately identifying the portions thereof attributable to Cap Carryover Amounts, and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date; (xvi) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine Certificates and the Class 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 C Certificates for such Distribution Date; (xviixv) 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 3.243.23; (xvi) the amount of the Trustee Fee paid; (xvii) the Cap Carryover Amounts distributed on such Distribution Date and the amounts remaining after giving effect to distributions thereof on such Distribution Date; (xviii) any Overcollateralization Deficiency after giving effect to the Net WAC Rate Carryover Amount for each Class distribution of Class A Certificates and Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor principal on such Distribution Date; (xix) whether the Stepdown Date or a Trigger Event has occurred and is continuing, and the cumulative Realized Loss Percentage Losses, as a percentage of the original Pool Balance; (xx) the Available Funds; (xxi) the rate at which interest accrues for each Class of Certificates for such Distribution Date; (xxxxii) the total cashflows received and information contained in the general sources thereof (including amounts received from the Supplemental Interest Trust Trustee under the Interest Rate Swap Agreement, from the Cap Trustee under the Interest Rate Cap Agreement and under the Basis Risk Cap Agreement); (xxi) the respective Pass-Through Rates applicable to each Class of Class A Certificates, 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 Mezzanine Certificates for the immediately succeeding Distribution Date; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions Liquidation Report for such Distribution Date; (xxvxxiii) the amount on deposit in aggregate Principal Balance of Mortgage Loans purchased by the Pre-Funding Accounts Servicer or Seller during the related Collection Period and indicating the Interest Coverage AccountsSection of this Agreement requiring or allowing the purchase of each such Mortgage Loan; and (xxvixxiv) for the distribution occurring on the Distribution Date immediately following the end aggregate Principal Balance 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 repurchased by the Servicer (or an affiliate) during the related Class A Certificates as a mandatory distribution of principal, if any, on such Distribution DateCollection Period in connection with Section 3.16. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager may fully rely upon and the 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting no liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any information with respect to the Mortgage Loan, delinquencies shall be determined by the Trustee from information Loans 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 regulatorsServicer. In the case of information furnished pursuant to subclauses (i), (ii) and (iixiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, shall furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i), (ii), (xiv) and (iixvii) 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 Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Residual Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Abfc Asset Backed Certificates Series 2002-Sb1)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS Insurer, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Period; (vi) the aggregate Principal Pool Balance at the Close of the Mortgage Loans and any REO Properties as of Business at the end of the relted related Due Period; (vii) the aggregate Principal Balance of any 2nd lien Mortgage Loans; (viii) the number, aggregate Stated Principal Balanceprincipal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDate; (ixviii) the number and aggregate unpaid Stated Principal Balance 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) [reserved]; (x) the total number and cumulative Stated Principal Balance principal balance of all REO Properties as of the Close of Business of the last day of the calendar month preceding the related Distribution DatePrepayment Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) 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 DateLosses; (xivxiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or for such Distribution Date; (xiv) the Distribution Account for 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; (xv) the Certificate Principal Balance of each Class of Class A Certificates, Mezzanine Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, made on such Distribution Date; (xvi) the Monthly Interest Distributable Amount in respect of each Class 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 each Class of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date; (xviixvi) 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 3.243.26; (xvii) the Credit Enhancement Percentage for such Distribution Date; (xviii) the Net WAC Rate Carryover Amount for each Class of Class A Certificates and Mezzanine the Offered Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether 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 and the Realized Loss Percentage for such Distribution Date; (xx) 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)occurred; (xxi) the Available Funds; (xxii) the respective Pass-Through Rates applicable to each Class of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass-Pass- Through Rate applicable to each Class of Class A Certificates and Mezzanine the Offered Certificates for the immediately succeeding Distribution Date; (xxiixxiii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiiiA) the amount of any Net Swap Payments or Swap Termination Paymentspayments 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); (xxivA) the applicable Record Dates, Accrual Periods dollar amount of claims made under the PMI Policy that were denied during the Prepayment Period (and Determination Dates for calculating distributions for the number of Mortgage Loans to which such Distribution Date;denials related) and (B) the dollar amount of the cumulative claims made under the PMI Policy that were denied since the Closing Date (and the number of Mortgage Loans to which such denials related); and (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvi) for 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 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 DateReserve Fund. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Insurer and the 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 (▇▇▇301) ▇▇▇815-▇▇▇▇6600. 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) and through (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and through (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Trustee shall make available to the NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, Insurer and each Person who at any time during the calendar year was a Residual 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 Residual Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Option One Mortgage Loan Tr 2002-1 as-BCKD Cert Ser 2002-1)

Statements. (a) On Not later than 5:00 p.m. one Business Day prior to each Distribution Payment Date, basedthe Master Servicer shall make available to the Indenture Trustee and the Yield Maintenance Counterparty, as applicableand concurrently with each distribution to Securityholders, the Master Servicer shall make available to each Securityholder, the Seller, the Owner Trustee and each Rating Agency, a statement based solely on loan-level information provided to it by the Servicer, Servicers (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 “Payment Date Statement”) as to the distributions to be made or made, as applicable, on such Distribution Payment Date. Information in the Payment Date Statement relating to or based on amounts available in the Yield Maintenance Account shall be based on information provided by the Yield Maintenance Counterparty regarding any required Net Yield Maintenance Payments to be made by the Issuer or any Net Yield Maintenance Amounts or Yield Maintenance Amounts required to be paid by the Yield Maintenance Counterparty for the related Payment Date pursuant to the Yield Maintenance Agreements. The Indenture Trustee shall confirm to the Master Servicer receipt of any Net Yield Maintenance Amounts or Yield Maintenance Amounts in the Yield Maintenance Account on the Business Day immediately preceding such Payment Date. The Payment Date Statement will include the following: (i) the aggregate amount of the distribution payment to be made on such Distribution Payment Date to the Holders of each Class of Regular CertificatesNotes, separately identifiedto the extent applicable, 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 Amountsprincipal; (ii) the aggregate amount of the distribution payment to be made on such Distribution Payment Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) Notes allocable to interest, separately identifiedinterest and the calculation thereof; (iii) the Net Monthly Excess Cashflowamount, if any, of any distribution to the Overcollateralized Amount, Holders of 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 DateTrust Certificate; (ivA) the fees and expenses aggregate amount of any Monthly Advances required to be made by or on behalf of the Trust Fund accrued Servicers (or the Master Servicer) with respect to such Payment Date, (B) the aggregate amount of such Monthly Advances actually made, and paid on such Distribution Date and to whom such fees and expenses were paid(C) the amount, if any, by which (A) above exceeds (B) above; (v) the total number of Mortgage Loans in the aggregate amount and the aggregate Scheduled Principal Balance in the aggregate and separately for each of Advances for the Three-Year, Five-Year, Seven-Year and Ten-Year Hybrid Mortgage Loans, in each case at the close of business at the end of the related Due Period (including and the general purpose of Net Funds Cap for such Advances)Payment Date; (vi) the aggregate Class Principal Balance Amount of each Class of Notes, to the extent applicable, as of such Payment Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the Mortgage Loans and any REO Properties as of the end of the relted Due Periodforegoing Note Principal Amounts due to Applied Loss Amounts; (vii) the aggregate Principal Balance amount of any 2nd lien Realized Losses incurred with respect to the Mortgage LoansLoans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date; (viii) the number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate amount of the Mortgage Loans as of the related Determination Date Master Servicing Fees, Servicing Fees and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added Indenture Trustee Fees, if any, paid during the Funding PeriodDue Period to which such distribution relates; (ix) the number and aggregate unpaid Stated Scheduled Principal Balance of Mortgage Loans that were Loans, (Aa) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) delinquent 30 to 59 daysdays on a contractual basis, (2b) delinquent 60 to 89 days and on a contractual basis, (3c) delinquent 90 or more daysdays on a contractual basis, (Bd) 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 daysthe month in which such Payment Date occurs, in each case as of the Close close of Business business on the last day Business Day of the calendar month preceding such Distribution Date immediately preceding, (e) in bankruptcy and (Df) that are REO Properties, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefrom; (x) the total number and cumulative Stated aggregate Scheduled Principal Balance of all any Mortgage Loans with respect to which the related Mortgaged Property became a REO Properties Property as of the Close close of Business of business on the last day Business Day of the calendar month immediately preceding the related Distribution Datemonth in which such Payment Date occurs; (xi) with respect to substitution of Mortgage Loans in the aggregate amount preceding calendar month, the Scheduled Principal Balance of Principal Prepayments made during the related Prepayment Periodeach Deleted Mortgage Loan, separately indicating Principal Prepayments in full and Principal Prepayments in partof each Qualified Substitute Mortgage Loan; (xii) the Delinquency Percentageaggregate outstanding Deferred Amounts, Carryforward Interest, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Notes, after giving effect to payments made on such Payment Date; (xiii) the aggregate amount Note Interest Rate applicable to such Payment Date with respect to each Class 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 DateNotes; (xiv) the aggregate amount of extraordinary Trust Fund expenses withdrawn from Interest Remittance Amount and the Collection Account or the Distribution Account for Principal Remittance Amount applicable to such Distribution Payment Date; (xv) the Certificate Principal Balance of each Class of Class A Certificates, Mezzanine Certificates Monthly Excess Interest and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, made on Monthly Excess Cashflow for such Distribution Payment Date; (xvi) the Monthly Interest Distributable Amount in respect of each Class of Class A CertificatesOvercollateralization Amount, Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Unpaid Interest Shortfall AmountOvercollateralization Deficiency, if any, with respect to each Class of Class A Certificates, Mezzanine Certificates the Principal Payment Amount and the Class C Certificates Extra Principal Payment Amount for such Distribution Payment Date;; and (xvii) the aggregate level of LIBOR and any Net Yield Maintenance Payments being made by the Issuer expressed as a dollar amount and as a per annum rate which reduced the Net Funds Cap and any Net Yield Maintenance Amounts and Yield Maintenance Amounts being paid by the Yield Maintenance Counterparty for such period and the notional balances on each Yield Maintenance Agreement for such Payment Date. In the case of information furnished pursuant to subclauses (i), (ii) and (vi) above, the amounts shall also be expressed as a dollar amount per $1,000 of original principal 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; (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 remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether the Stepdown Date or a Trigger Event has occurred and the Realized Loss Percentage for such Distribution Date; (xx) 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); (xxi) the respective Pass-Through Rates applicable to each Class of Class A Certificates, 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 Mezzanine Certificates for the immediately succeeding Distribution Date; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvi) for 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 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 DateNotes. The Trustee Master Servicer will make such statement the Payment Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Securityholders and the Rating Agencies other parties to this Agreement via the TrusteeMaster Servicer’s internet website. The TrusteeMaster Servicer’s internet website shall initially be located at “h▇▇▇.▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇▇▇▇”. Assistance in using the website can be obtained by calling the TrusteeMaster Servicer’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 Trustee Master Servicer shall have the right to change the way such statements reports are distributed in order to make such distribution more convenient and/or more accessible to the above parties parties, and the Trustee Master Servicer shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) 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 Datechange. (b) Within a reasonable period of time after the end of each calendar year, the Indenture Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular CertificateSecurityholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing aggregate payment information necessary to enable Holders of the information set forth in subclauses (i) and (ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a CertificateholderSecurities to prepare their tax returns. Such obligation of the Indenture Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Indenture Trustee 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 Master Servicer shall make available supply an electronic tape to the NIMS Insurer and the Residual Certificateholders Bloomberg Financial Markets, Inc. in a copy of the reports forwarded format acceptable to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within Bloomberg Financial Markets, Inc. on a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon requestmonthly basis, and each Person who at any time during the calendar year was shall supply an electronic tape to Loan Performance and Intex Solutions in a Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in forcemonthly basis.

Appears in 1 contract

Sources: Sale and Servicing Agreement (Structured Asset Sec Corp Thornburg Mort Sec Trust 2003 6)

Statements. (a) On each Distribution Date, based, as applicable, on loan-level information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS InsurerSeller, the Master Servicer and the Rating AgenciesAgency, a statement (the "DISTRIBUTION DATE STATEMENT") as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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 Amountsprincipal; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess CashflowPro Rata Senior Percentage, the Overcollateralized AmountSenior Percentage, the Overcollateralization Release AmountSenior Prepayment Percentage, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Subordinate Percentage and the Credit Enhancement Subordinate Prepayment Percentage as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such following Distribution Date; (iv) the fees aggregate amount of servicing compensation received by each Servicer during the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including and the general purpose amount of such unreimbursed Advances); (vi) the Special Hazard Loss Coverage Amount, the Fraud Loss Coverage Amount and the Bankruptcy Loss Coverage Amount, each as of the related Determination Date; (vii) the Pool Balance and Net WAC for all Mortgage Loans at the Close of Business at the end of the related Due Period; (viii) the aggregate Principal Balance of the Six-Month CMT Indexed, One-Year CMT Indexed and Five-Year CMT Indexed Mortgage Loans and any REO Properties as at the Close of Business at the end of the relted related Due Period; (viiix) the aggregate Principal Balance of any 2nd lien the Six-Month LIBOR Indexed, One-Month LIBOR Indexed and One-Year LIBOR Indexed Mortgage LoansLoans at the Close of Business at the end of the related Due Period; (viiix) the amount of the Master Servicing Fees and Servicing Fees, if any; (xi) the number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Loan Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDue Date; (ixxii) the number and aggregate unpaid Stated Principal Balance principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays Delinquent, (2b) 60 to 89 days and Delinquent, (3c) 90 or more daysdays Delinquent, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more daysbankruptcy, in each case as of the close of business on the last day of the preceding calendar month; (xiii) the book value of any REO Property as of the Close of Business on the last day Business Day of the calendar month preceding such the Distribution Date and (D) REO PropertiesDate, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefrom; (x) and, cumulatively, the total number and cumulative Stated Principal Balance principal balance of all REO Properties as of the Close of Business of the last day of the calendar month preceding the related Distribution DateDue Period; (xixiv) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiiixv) the aggregate amount of Realized Losses incurred during the related Prepayment Due 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 DateLosses; (xivxvi) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xv) the Class Certificate Principal Balance of each Class of Class A Certificates, Mezzanine Certificates and (other than the Class C Certificates, before and LTA-R Certificate) after giving effect to the distributionsany distributions made thereon, and allocations of Realized Losses, made on such Distribution Date; (xvixvii) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amountrespective portions thereof, if any, with remaining unpaid following the distributions made in respect to each Class of Class A Certificates, Mezzanine such Certificates and the Class C Certificates for on such Distribution Date; (xviixviii) the aggregate amount of any Prepayment Interest Shortfalls and the Unpaid Interest Shortfall Amount for such Distribution Date, to the extent not covered by payments by the Servicer Servicers pursuant to Section 3.24; (xviii) the Net WAC Rate Carryover Amount for each Class applicable terms of Class A Certificates and Mezzanine Certificates, if any, for such Distribution Date and their respective Servicing Agreements or the amount remaining unpaid after reimbursements therefor on such Distribution DateMaster Servicer; (xix) whether the Stepdown Date or a Trigger Event has occurred and Available Funds; (xx) the Realized Loss Percentage Pass-Through Rate for each Class of Certificates for such Distribution Date; (xx) 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); (xxi) the respective Pass-Through Rates applicable any amounts distributed to each Class of Class A Certificates, Mezzanine Certificates and the Class C Certificates for such Distribution Date and the PassLTA-Through Rate applicable to each Class of Class A Certificates and Mezzanine Certificates for the immediately succeeding Distribution Date;R Certificates; and (xxii) paymentsthe aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, if any, made under and indicating the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvi) for the distribution occurring on the Distribution Date immediately following the end relevant section of the Funding Periodrelated Servicing Agreement, or 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 LoansSection of this Agreement, as applicable, and that is being distributed to requiring or allowing the related Class A Certificates as a mandatory distribution purchase of principal, if any, on each such Distribution DateMortgage Loan. The Trustee will make such statement the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Certificateholders and the Rating Agencies other parties to this Agreement via the Trustee’s 's internet websitewebsite and its fax-on-demand service and will forward the Distribution Date Statement to the Rating Agency. 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 customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇". Parties that are unable to use the above distribution option options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating suchrequesting same. The Trustee shall have the right to change the way such statements Distribution Date Statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all the above parties regarding any such changes. As a condition The Trustee's obligations pursuant to access this Section 4.04 are limited to the Trustee’s internet website, extent of its receipt of all necessary information from the Trustee may require registration and the acceptance of a disclaimerMaster Servicer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee may fully rely upon and shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting have no liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulatorsMaster 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 each Class for each $1,000 original dollar amount as of the Cut-off Off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) and (iixxi) 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 Bloomberg Financial Markets, Inc. in a format acceptable to Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to Mortgage Information Corporation in a format acceptable to Mortgage Information Corporation on a monthly basis. On each Distribution Date, the NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as Master Servicer shall provide the Trustee deems necessary or appropriate.the following information with respect to each Mortgage Loan (the "REMITTANCE REPORT"): (di) Within a reasonable period the Mortgage Loan identifying number; (ii) [reserved]; (iii) the current Loan Rate as of time after the end of each calendar yearthe related Due Period; (iv) the related Servicing Fee Rate; (v) the current Monthly Payment due as of the end of the related Due Period; (vi) the next scheduled Due Date as of the end of the related Due Period; (vii) the next Adjustment Date of the Mortgage Loan as of the end of the related Due Period, if applicable; (viii) the Trustee shall deliver Stated Principal Balance of the Mortgage Loan immediately prior to the NIMS Insurerrelated Due Period; (ix) the Stated Principal Balance of the Mortgage Loan as of the end of the related Due Period; (x) [reserved]; (xi) the aggregate of all interest received on the Mortgage Loan, upon requestincluding Advances; (xii) [reserved]; (xiii) the aggregate of all scheduled principal payments received on the Mortgage Loans, and each Person who at any time during including Advances; (xiv) Principal Prepayments in part; (xv) Principal Prepayments in full; (xvi) the calendar year was a Residual Certificateholderdelinquency status of the Mortgage Loan (i.e., 0, 30, 60, 90+ days Delinquent); (xvii) [reserved]; (xviii) an indication as to whether the Mortgage Loan is in foreclosure; (xix) an indication as to whether the related Mortgaged Property has become an REO Property; (xx) the date of bankruptcy of the Mortgagor, if requested any; (xxi) the date of foreclosure, if any; (xxii) the date on which the related Mortgaged Property became an REO Property; (xxiii) for each Mortgage Loan for which a Liquidation Event has occurred, whether such Mortgage Loan (i) has been paid in writing by such Personfull, such information as (ii) is reasonably necessary to provide to such Person a statement containing Liquidated Mortgage Loan or (iii) has been repurchased or replaced; (xxiv) [reserved]; (xxv) the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Residual Certificateholder. Such obligation Stated Principal Balance of the Trustee shall be deemed to have been satisfied to Mortgage Loan on the extent that substantially comparable information shall be prepared and furnished to Certificateholders date on which a Liquidation Event occurs; (xxvi) Liquidation Proceeds; (xxvii) Net Liquidation Proceeds; (xxviii) Realized Losses; (xxix) Net Prepayment Interest Shortfalls; (xxx) Relief Act Reductions; (xxxi) the aggregate of all scheduled interest received on the Mortgage Loans, excluding Advances; (xxxii) the aggregate of all scheduled principal received on the Mortgage Loans, excluding Advances; (xxxiii) the current amount of Advances outstanding; (xxxiv) the amount advanced by the Trustee pursuant to any requirements related Servicer; (xxxv) the amount of principal advanced by the Code as from time to time in force.related Servicer; and (xxxvi) the amount of interest advanced by the related Servicer

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Greenwich Capital Acc Inc Mort Loan Pas THR Certs Ser 01 2)

Statements. (a) On each Distribution Date, based, as applicable, on the Mortgage Loan information provided to it by contained in the ServicerRemittance Report, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS Insurer, the Servicer and the Rating Agencies, post on its website at www.jpmorgan.com/absmbs a statement as to the distributions made on such Distribution Date▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular CertificatesCertificates allocable to principal or reduction of Notional Amount, separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interestinterest or Class X Distributable Amount, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Overcollateralization 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 Amount as of such Distribution Date and the Monthly Excess Overcollateralized Interest Amount for the Mortgage Pool and Monthly Excess Cashflow Amount for such Distribution Date; (iv) the fees and expenses aggregate amount of servicing compensation received by the Trust Fund accrued and paid on such Distribution Date and to whom such fees and expenses were paidServicer during the related Collection Period; (v) the aggregate amount of Advances in respect of the Trust Fund and each Loan Group for the related Due Period (including the general purpose of such Advances)Collection Period; (vi) the aggregate Principal Pool Balance and each Group Balance at the close of the Mortgage Loans and any REO Properties as of business at the end of the relted Due related Collection Period; (vii) the 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 Interest Rate of the Mortgage Loans in the Trust Fund and in each Loan Group as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDue Date; (ixviii) the number and aggregate unpaid Stated Principal Balance of Mortgage Loans that were (A) Delinquent (exclusive principal balance of Mortgage Loans in bankruptcy or foreclosure the Trust Fund and REO Properties) in each Loan Group (1a) 30 to 59 daysdays past due on a contractual basis, (2b) 60 to 89 days and past due on a contractual basis, (3c) 90 or more daysdays past due on a contractual basis, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close close of Business business on the last day of the calendar month preceding such Distribution Date Date; (ix) with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the loan number and (D) REO PropertiesLoan Group of such Mortgage Loan, as well as the aggregate unpaid principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefromPrincipal Balance of such Mortgage Loan as of the date it became an REO Property; (x) the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative Stated Principal Balance principal balance of all REO Properties in the Trust Fund and each Loan Group as of the Close close of Business business of the last day of the calendar month preceding the related Distribution DateCollection Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in partboth for the Trust Fund as a whole as well as for each Loan Group; (xii) the Delinquency Percentageaggregate amount of prepayment penalties collected (including amounts deposited in connection with the full or partial waiver of such prepayment penalties pursuant to Section 3.01) during the related Collection Period and the amounts thereof allocable to the Class N Certificates and the Class X Certificates; (xiii) the aggregate amount of Realized Losses incurred during the related Prepayment Collection Period and the cumulative amount of Realized Losses and Losses, in each case for the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing DateTrust Fund as a whole as well as for each Loan Group; (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 Balance, or Notional Amount, as applicable, 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 LossesLosses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts; (xv) the Accrued Certificate Interest in respect of each Class of Offered Certificates (other than the Class A-IO Certificates) and the Class B-2 and Class B-3 Certificates for such Distribution Date, separately identifying the portions thereof attributable to Net Rate Carryover Amounts, and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date; (xvi) the Monthly Interest Distributable Group 1 Class A-IO Component Notional Amount, the Group 2 Class A-IO Component Notional Amount in respect of each Class of Class A Certificates, Mezzanine Certificates and the Group 3 Class C Certificates for such Distribution Date and the Unpaid Interest Shortfall A-IO Component Notional Amount, if any, with respect to each Class of Class A Certificates, 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 Servicer pursuant to Section 3.243.23; (xviii) the Net WAC Rate Carryover Amount for each Class amount of Class A Certificates and Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution DateTrustee Fee paid; (xix) whether the Stepdown Date or a Trigger Event has occurred beginning and ending balances of the Basis Risk Reserve Fund on such Distribution Date, the Basis Risk Reserve Fund Deposit for such Distribution Date, and the Realized Loss Percentage Required Basis Risk Reserve Fund Amount for such Distribution Date; (xx) the total cashflows received and the general sources thereof (including Net Rate Carryover Amounts distributed on such Distribution Date, separately identifying any Net Rate Carryover Amounts paid from amounts received from the Supplemental Interest Trust Trustee under the Interest Rate Swap Agreement, from the Cap Trustee under in respect of the Interest Rate Cap Agreement Agreements, and under the Basis Risk Cap Agreement)any Net Rate Carryover Amounts remaining after giving effect to distributions thereof on such Distribution Date; (xxi) any Overcollateralization Deficiency after giving effect to the respective Pass-Through Rates applicable to each Class distribution of Class A Certificates, Mezzanine Certificates and the Class C Certificates for principal on such Distribution Date and the Pass-Through Rate applicable to each Class of Class A Certificates and Mezzanine Certificates for the immediately succeeding Distribution Date; (xxii) paymentswhether a Trigger Event has occurred and is continuing, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class cumulative Realized Losses, as a percentage of Certificates from payments made under the Interest Rate Cap Contractoriginal Pool Balance; (xxiii) the amount of any Net Swap Payments or Swap Termination PaymentsAvailable Funds; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates rate at which interest accrues for calculating distributions each Class of Certificates for such Distribution Date; (xxv) the amount on deposit Liquidation Report for such Distribution Date; (xxvi) the aggregate Principal Balance of Mortgage Loans in each Loan Group and in the Pre-Funding Accounts Trust Fund purchased by the Servicer or Seller during the related Collection Period and indicating the Interest Coverage AccountsSection of this Agreement requiring or allowing the purchase of each such Mortgage Loan; and (xxvixxvii) for the distribution occurring on the Distribution Date immediately following the end aggregate Principal Balance of the Funding Period, the balance on deposit Mortgage Loans in each Loan Group and in the Group I Pre-Funding Account and/or Trust Fund repurchased by 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 Servicer (or an affiliate) during the related Class A Certificates as a mandatory distribution of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information Collection Period in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager and the 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 (▇▇▇) ▇▇▇-▇▇▇▇connection with Section 3.16. Parties that are unable to use the above distribution option http://www.jpmorgan.com/absmbs are entitled to have a paper copy mailed to them via first class mail mai▇▇▇ ▇▇ ▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇il by calling the customer service desk Trustee at (212) 623-5600 and indicating such. The Trustee shall have the right to change the ▇▇ ▇▇▇▇▇▇ ▇▇▇ way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the The Trustee may require registration fully rely upon and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting have no liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any information with respect to the Mortgage Loan, delinquencies shall be determined by the Trustee from information Loans 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 regulatorsServicer. In the case of information furnished pursuant to subclauses (i) and through (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, shall furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i), (ii), (xv) and (iixx) 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 provide to the NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded provided to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Residual Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Financial Asset Sec Corp C Bass Mort Ln as Bk Ce Se 02-Cb6)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Servicer, 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 distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Period; (vi) the aggregate Principal Pool Balance at the Close of the Mortgage Loans and any REO Properties as of Business at the end of the relted related Due Period; (vii) the 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 related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDate; (ixviii) 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) [reserved]; (x) 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 DatePrepayment Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) 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; (xivxiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiv) the Certificate Principal Balance of each Class of Class A Certificates, Mezzanine Floating Rate Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, distributions made on such Distribution Date; (xvixv) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine 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 Class A Certificates, Mezzanine Floating Rate Certificates and the Class C Certificates for such Distribution Date; (xviixvi) 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 3.243.26; (xvii) the Credit Enhancement Percentage for such Distribution Date; (xviii) the Net WAC Rate Carryover Amount for each Class of Class A Certificates and Mezzanine Floating Rate Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether 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 and the Realized Loss Percentage for such Distribution Date; (xx) 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)occurred; (xxi) the Available Funds; (xxii) the respective Pass-Through Rates applicable to each Class of Class A Certificates, Mezzanine Floating Rate Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Class A Certificates and Mezzanine Floating Rate Certificates for the immediately succeeding Distribution Date;; and (xxiixxiii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvi) for 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 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 will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Insurer and the 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 (▇▇▇) ▇▇▇-▇▇▇▇desk. 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) and 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, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and (ii) 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 NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Fremont Home Loan Trust 2005-2)

Statements. (a) 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 and the Rating Agencies, a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Period; (vi) the aggregate Principal Pool Balance at the Close of the Mortgage Loans and any REO Properties as of Business at the end of the relted related Due Period; (vii) the aggregate Principal Balance of any 2nd lien Mortgage Loans; (viii) the number, aggregate Stated Principal Balanceprincipal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDate; (ixviii) the number and aggregate unpaid Stated Principal Balance 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) [reserved]; (x) the total number and cumulative Stated Principal Balance principal balance of all REO Properties as of the Close of Business of the last day of the calendar month preceding the related Distribution DatePrepayment Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) 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; (xivxiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date;; 112 (xvxiv) the Certificate Principal Balance of each Class of Class A Certificates, each Class of Mezzanine Certificates, the Class B Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, distributions made on such Distribution Date; (xvixv) the Monthly Interest Distributable Amount in respect of 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 Unpaid Interest Shortfall Amount, if any, with respect 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; (xviixvi) 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 3.243.26; (xvii) the Credit 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 Mezzanine the Class B Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether 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 and the Realized Loss Percentage for such Distribution Date; (xx) 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)occurred; (xxi) the 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 Mezzanine the Class B Certificates for the immediately succeeding Distribution Date; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract;; and (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvi) for 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 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[reserved]. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Certificateholders and the Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “h"▇▇▇▇://▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇”/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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such 113 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 Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) and through (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and through (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Trustee shall make available to the NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Fremont Home Loan Trust 2004-1)

Statements. (a) 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 and the Rating Agencies, a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Period; (vi) the aggregate Principal Pool Balance at the Close of the Mortgage Loans and any REO Properties as of Business at the end of the relted related Due Period; (vii) the 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 related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding Period; (ixviii) 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) [reserved]; (x) 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 DatePrepayment Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) 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; (xivxiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiv) the Certificate Principal Balance of each Class of Class A Certificates, Mezzanine Adjustable-Rate Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, distributions made on such Distribution Date; (xvixv) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine Adjustable-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 Class A Certificates, Mezzanine Adjustable-Rate Certificates and the Class C Certificates for such Distribution Date; (xviixvi) 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 Credit Enhancement Percentage for such Distribution Date; (xviii) the Net WAC Rate Carryover Amount for each Class of Class A Certificates and Mezzanine Adjustable-Rate Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether 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 and the Realized Loss Percentage for such Distribution Date; (xx) 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)occurred; (xxi) the Available Funds; (xxii) the respective Pass-Through Rates applicable to each Class of Class A Certificates, Mezzanine Adjustable-Rate Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Class A Certificates and Mezzanine Adjustable-Rate Certificates for the immediately succeeding Distribution Date; (xxiixxiii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiiixxiv) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvi) for 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 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 will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager and the Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “h▇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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) and through (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and (ii) 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 NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2005-Ffh4)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Servicer, 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 distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage 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 relted related Due Period; (vii) the 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 related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDate; (ixviii) 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 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; (xix) 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; (xix) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiiixi) 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; (xivxii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiii) the Certificate Principal Balance of each Class of Class A Certificates, Mezzanine 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; (xvixiv) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine 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 Class A Certificates, Mezzanine Floating Rate Certificates and the Class C Certificates for such Distribution Date; (xviixv) 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; (xviiixvi) the Net WAC Rate Carryover Amount for each Class of Class A Certificates and Mezzanine Floating Rate Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xixxvii) whether the Stepdown Date or a Trigger Event has occurred occurred, the Delinquency Percentage for such Distribution Date and the Realized Loss Percentage for such Distribution Date; (xxxviii) 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 from the Trustee under the Basis Risk Cap Agreement); (xxixix) the respective Pass-Through Rates applicable to each Class of Class A Certificates, Mezzanine Floating Rate Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Class A Certificates and Mezzanine Floating Rate Certificates for the immediately succeeding Distribution Date; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiiixx) the amount of any Net Swap Payments or Swap Termination Payments;Payments paid to the Swap Provider; and (xxivxxi) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvi) for 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 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 will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager and the Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “h▇▇▇▇://▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇▇▇▇/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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) 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 Servicer hereby represents and warrants to the Depositor that this delinquency recognition policy is not less restrictive than any delinquency recognition policy established by the primary safety and soundness regulator, if any, of the Servicer. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and (ii) 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 NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2006-Ff16)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Servicer, 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 distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Period; (vi) the aggregate Principal Pool Balance at the Close of the Mortgage Loans and any REO Properties as of Business at the end of the relted related Due Period; (vii) the 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 related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDate; (ixviii) the number and aggregate unpaid Stated Principal Balance 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) [reserved]; (x) the total number and cumulative Stated Principal Balance principal balance of all REO Properties as of the Close of Business of the last day of the calendar month preceding the related Distribution DatePrepayment Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) 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; (xivxiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiv) the Certificate Principal Balance of each Class of Class A Certificates, Mezzanine Floating Rate Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, distributions made on such Distribution Date; (xvixv) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine 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 Class A Certificates, Mezzanine Floating Rate Certificates and the Class C Certificates for such Distribution Date; (xviixvi) 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 3.243.26; (xvii) the Credit Enhancement Percentage for such Distribution Date; (xviii) the Net WAC Rate Carryover Amount for each Class of Class A Certificates and Mezzanine Floating Rate Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether 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 and the Realized Loss Percentage for such Distribution Date; (xx) 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)occurred; (xxi) the Available Funds; (xxii) the respective Pass-Through Rates applicable to each Class of Class A Certificates, Mezzanine Floating Rate Certificates and the Class C Certificates for such Distribution Date and the Pass-Pass- 121 Through Rate applicable to each Class of Class A Certificates and Mezzanine Floating Rate Certificates for the immediately succeeding Distribution Date;; and (xxiixxiii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvi) for 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 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 will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Certificateholders and the 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s 's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) and through (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and through (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Trustee shall make available to the NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Fremont Home Loan Trust 2004-2)

Statements. (a) On each Distribution Date, based, as applicable, based on the Mortgage Loan information provided to it by contained in the ServicerRemittance Report, the Trustee Securities Administrator shall prepare and make available to each Holder of the Regular Certificates, the NIMS Insurer, the Servicer and the Rating Agencieson its website at www.ctslink.com, a statement (the "Distribution Date Statement") as to the distributions ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ns made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular CertificatesCertificates allocable to principal, separately identified, allocable to principal identified and the amount of the distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to from Prepayment Charges Penalties, Originator Prepayment Penalty Payment Amounts and Servicer Prepayment Charge Penalty Payment Amounts; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interestinterest or Class CE Distributable Amount, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Targeted Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Monthly Excess Overcollateralized Interest Amount for the Mortgage Pool and Monthly Excess Cashflow Amount for such Distribution Date; (iv) the fees and expenses aggregate amount of servicing compensation received by the Trust Fund accrued and paid on such Distribution Date and to whom such fees and expenses were paidServicer during the related Collection Period; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Collection Period, cumulative unreimbursed Advances and Servicing Advances and cumulative Nonrecoverable Advances); (vi) the aggregate Principal Balance Pool Balance, at the close of the Mortgage Loans and any REO Properties as of business at the end of the relted Due related Collection Period; (vii) the 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 Interest Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDue Date; (ixviii) the number and aggregate unpaid Stated Principal Balance principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays past due on a contractual basis, (2b) 60 to 89 days and past due on a contractual basis, (3c) 90 or more daysdays past due on a contractual basis, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close close of Business business on the last day of the calendar month preceding such Distribution Date and Date; (Dix) with respect to any Mortgage Loan that became an REO PropertiesProperty during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid Principal Balance of the REO Property as well as of the aggregate principal balance close of Mortgage Loans that were liquidated business on the last Business Day of such calendar month and the net proceeds resulting therefromPrincipal Balance of such Mortgage Loan as of the date it became an REO Property; (x) the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative Stated Principal Balance principal balance of all REO Properties as of the Close close of Business business of the last day of the calendar month preceding the related Distribution DateCollection Period; (xi) separately stated for each Loan Group, the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) separately stated for each Loan Group, the aggregate amount of Realized Losses incurred during the related Prepayment Collection Period and the cumulative amount of Realized Losses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing DateLosses; (xivxiii) 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 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 LossesLosses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts; (xiv) the Accrued Certificate Interest in respect of each Class of Certificates for such Distribution Date and any related Cap Carryover Amounts, and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date; (xvi) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine Certificates and the Class 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 C Certificates for such Distribution Date; (xviixv) the aggregate amount of any Prepayment Interest Shortfalls and of any Compensating Interest for such Distribution Date, to the extent not covered by payments by the Servicer pursuant to Section 3.243.23; (xviiixvi) the Net WAC Rate Carryover Amount Interest Percentage for each Class of Class A Certificates and Mezzanine Certificates, if anythe amount of any Current Interest Shortfall and the amount of the distribution made to each Class of Certificates pursuant to Section 4.02(e) for such Distribution Date; (xvii) the Cap Carryover Amounts distributed on such Distribution Date, for the amounts remaining after giving effect to distributions thereof on such Distribution Date and the amount remaining unpaid of all Cap Carryover Amounts covered by withdrawals from the Reserve Account on such Distribution Date; (xviii) any Overcollateralization Deficiency after reimbursements therefor giving effect to the distribution of principal on such Distribution Date; (xix) whether the Stepdown Date or a Trigger Event has occurred and is continuing, and the cumulative Realized Loss Percentage Losses, as a percentage of the original Pool Balance; (xx) the Available Funds; (xxi) the Pass-Through Rate for each Class of Certificates for such Distribution Date; (xxxxii) the total cashflows received and information contained in the general sources thereof (including amounts received from the Supplemental Interest Trust Trustee under the Interest Rate Swap Agreement, from the Cap Trustee under the Interest Rate Cap Agreement and under the Basis Risk Cap Agreement); (xxi) the respective Pass-Through Rates applicable to each Class of Class A Certificates, 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 Mezzanine Certificates for the immediately succeeding Distribution Date; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions Liquidation Report for such Distribution Date; (xxiii) the aggregate Principal Balance of Mortgage Loans purchased by the Servicer or the Depositor during the related Prepayment Period and indicating the section of this Agreement requiring or allowing the purchase of each such Mortgage Loan; (xxiv) the aggregate Principal Balance of the Mortgage Loans repurchased by the Depositor during the related Prepayment Period in connection with Section 3.16; (xxv) the amount 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 Pre-Funding Accounts each related Mortgage Note and the Interest Coverage AccountsPrepayment Penalty collected, and the Servicer Prepayment Penalty Payment Amount and the Originator Prepayment Penalty Payment Amount paid with respect to each such Mortgage Loan; (xxvii) the amount of any Yield Maintenance Agreement Payments for such Distribution Date; and (xxvixxviii) for the distribution occurring on the Distribution Date immediately following the end amount 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 Recoveries received during the related Class A Certificates as a mandatory distribution of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager and the Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “h▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇▇▇▇”Prepayment Period. Assistance in using the Securities Administrator's website can be obtained by calling the Trustee’s Securities Administrator's customer service desk at (301) 815-6600. The Securities Administrator shall provide such informa▇▇▇) ▇▇-▇▇▇▇. Parties ▇▇s that are unable to use the above distribution option are entitled to have a paper copy mailed by mailing to them via first class mail a paper copy of the Distribution Date Statement, upon request of any such party made by calling the customer service desk and indicating such. The Trustee Securities Administrator shall have the right to change the way such statements reports are distributed in order to make such distribution more convenient and/or more accessible to the above parties parties, and the Trustee Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimerchange. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee Securities Administrator may fully rely upon and shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting have no liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any information with respect to the Mortgage Loan, delinquencies shall be determined by the Trustee from information Loans 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 regulatorsServicer. In the case of information furnished pursuant to subclauses (i), (ii) and (iixiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Closing Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, Securities Administrator shall furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i), (ii), (xiv) and (iixvii) 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 NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the holder of any Regular Certificateholders Certificate in respect of such Distribution Date with such other information as the Trustee Securities Administrator deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Residual Certificateholders by the Trustee Securities Administrator pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Wells Fargo Home Equity Asset-Backed Securities 2005-2 Trust)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS InsurerSwap Provider, the Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date:Date (the “Monthly Statement”): (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, Certificates 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; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the any 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 amount of interest and scheduled principal received or advanced by the Mortgage Loans and any REO Properties as of Servicer with respect to the end of the relted related Due Period; (vii) with respect to each Loan Group, the aggregate Principal Balance related group balance at the Close of any 2nd lien Mortgage LoansBusiness at the end of the related Due Period; (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 related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDate; (ix) the number and aggregate unpaid Stated Principal Balance principal balance of Mortgage Loans (except those Mortgage Loans that are liquidated as of the end of the related Prepayment Period) that were (as determined using the OTS method) (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 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; (x) the Delinquency Percentage; (xi) the total number and cumulative Stated Principal Balance 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 calendar month preceding the related Distribution DatePrepayment Period; (xixiii) the aggregate amount of Principal Prepayments in full, the aggregate amount of Principal Prepayments in part and Net Liquidation Proceeds made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiiixiv) 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 DateLosses; (xivxv) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxvi) the Certificate Principal Balance of each Class of Class A Certificates, each class of Mezzanine Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, distributions made on such Distribution Date; (xvixvii) 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 each Class of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date; (xviixviii) 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 3.243.26; (xviiixix) the Senior Credit Enhancement Percentage for such Distribution Date; (xx) the Net WAC Rate Carryover Amount for each Class 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; (xixxxi) the amount of any Net Swap Payments or Swap Termination Payments (a) due from the Trust and (b) due from the Swap Provider; (xxii) whether the Stepdown Date or a Trigger Event has occurred and the Realized Loss Percentage for such Distribution Dateis in effect; (xxxxiii) 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); (xxixxiv) 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; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage AccountsNet WAC Rate Carryover Reserve Account; and (xxvi) the applicable Record Date, Accrual Period and Determination Date for 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 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 calculating distributions for such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Swap Provider and the Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “h▇▇▇▇://▇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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date distribution date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (i) through (iii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. In addition, the Trustee will report on Form 10-D any material breaches of representations and warranties regarding the Mortgage Loans to the extent known to the Trustee and if applicable, material modifications, extensions or waivers to Mortgage Loan terms, fees, penalties or payments during the preceding calendar month or that have become material over time. For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent Delinquent with respect to a Scheduled Monthly Payment due on a Due Date if such Scheduled Monthly Payment is not made by the close of business on the Mortgage Loan’s 's next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Monthly Payment if such Scheduled Monthly Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any 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, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and through (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Trustee shall make available to the NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, Insurer and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force. (e) For each Distribution Date, through and including the Distribution Date in December 2007, the Trustee shall calculate the Significance Percentage of the Interest Rate Swap Agreement. If on any such Distribution Date, the Significance Percentage is equal to or greater than 9%, the Trustee shall promptly notify the Depositor and the Depositor, on behalf of the Trustee, shall obtain the financial information required to be delivered by the Swap Provider pursuant to the terms of the Interest Rate Swap Agreement. If, on any succeeding Distribution Date through and including the Distribution Date in December 2007, the Significance Percentage is equal to or greater than 10%, the Trustee shall promptly notify the Depositor and the Depositor shall, within 5 Business Days of such Distribution Date, deliver to the Trustee the financial information provided to it by the Swap Provider for inclusion in the Form 10-D relating to such Distribution Date. If on any Distribution Date after December 2007, the Significance Percentage is greater than 10%, the Trustee shall include the Significance Percentage on the statement to Certificateholders for the related Distribution Date.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Option One Mortgage Loan Trust 2007-2)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Swap Provider and the NIMS Insurer, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, Certificates allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Period; (vi) the aggregate Principal Balance amount of interest and scheduled principal received or advanced by the Mortgage Loans and any REO Properties as of Master Servicer with respect to the end of the relted related Due Period; (vii) with respect to each Loan Group, the aggregate Principal Balance related group balance at the Close of any 2nd lien Mortgage LoansBusiness at the end of the related Due Period; (viii) the number, aggregate Stated Principal Balanceprincipal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDate; (ix) the number and aggregate unpaid Stated Principal Balance 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; (x) the total number and cumulative Stated Principal Balance 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 calendar month preceding the related Distribution DatePrepayment Period; (xixii) the aggregate amount of Principal Prepayments in full, the aggregate amount of Principal Prepayments in part and Net Liquidation Proceeds made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized 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 DateLosses; (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 each Class of Class A Certificates, each class of Mezzanine Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, 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 each Class of 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 3.243.26; (xviii) the Senior Credit Enhancement Percentage for such Distribution Date; (xix) the Net WAC Rate Carryover Amount for each Class 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; (xixxx) whether the amount of any Net Swap Payments or Swap Termination Payments (a) due from the Trust and (b) due from the Swap Provider; (xxi) when the Stepdown Date or a Trigger Event has occurred and the Realized Loss Percentage for such Distribution Dateis in effect; (xxxxii) 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)Available Funds; (xxixxiii) 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; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date[reserved]; (xxv) [reserved]; (xxvi) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage AccountsNet WAC Rate Carryover Reserve Account; and (xxvixxvii) for 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 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[reserved]. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Insurer and the 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s 's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date distribution date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) and through (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and through (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Trustee shall make available forward to the NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, Insurer and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Option One Mortgage Loan Trust 2005-5, Asset-Backed Certificates, Series 2005-5)

Statements. (a) On each Distribution Date, the Securities Administrator shall make available to the Trustee, each Certificateholder, the Seller, the Master Servicer and the Rating Agency, a statement based, as applicable, on loan-level information provided to it by obtained from the Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS Insurer, the Master Servicer and the Rating Agencies, a statement Servicers (the “Distribution Date Statement”) as to the distributions to be made or made, as applicable, on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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 Amountsprincipal; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess CashflowSenior Percentage, the Overcollateralized AmountSenior Prepayment Percentage, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Subordinate Percentage and the Credit Enhancement Subordinate Prepayment Percentage as of such Distribution Date and the Excess Overcollateralized Amount with respect to each Loan Group for the Mortgage Pool for such following Distribution Date; (iv) the fees aggregate amount of servicing compensation received by each Servicer during the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including and the general purpose amount of such unreimbursed Advances); (vi) the aggregate Principal Balance of Special Hazard Loss Coverage Amount, the Mortgage Loans Fraud Loss Coverage Amount and any REO Properties the Bankruptcy Loss Coverage Amount, each as of the end of the relted Due Periodrelated Determination Date; (vii) the aggregate Principal Loan Group Balance and related Net WAC for each Loan Group at the Close of any 2nd lien Mortgage LoansBusiness at the end of the related Due Period; (viii) for each Loan Group, 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-Month LIBOR Indexed, Six-Month LIBOR Indexed and One-Year LIBOR Indexed Mortgage Loans at the Close of Business at the end of the related Due Period; (x) [reserved] (xi) for each Loan Group, the number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Loan Rate of the related Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDue Date; (ixxii) the number and aggregate unpaid Stated Principal Balance principal balance of Mortgage Loans that were Loans, in the aggregate and for each Loan Group, (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays Delinquent, (2b) 60 to 89 days and Delinquent, (3c) 90 or more daysdays Delinquent, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more daysbankruptcy, in each case as of the close of business on the last day of the preceding calendar month; (xiii) the book value of any REO Property as of the Close of Business on the last day Business Day of the calendar month preceding such the Distribution Date and (D) REO PropertiesDate, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefrom; (x) and, cumulatively, the total number and cumulative Stated Principal Balance principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the calendar month preceding the related Distribution DateDue Period; (xixiv) the aggregate amount of Principal Prepayments and Prepayment Penalty Amounts with respect to each Loan Group made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiiixv) the aggregate amount of Realized Losses incurred during the related Prepayment Due 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 DateLosses; (xivxvi) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xv) the Class Certificate Principal Balance of each Class of Class A Certificates, Mezzanine Certificates and the Class C Certificates, before and Apportioned Principal Balances of the Subordinate Certificates after giving effect to the distributionsany distributions made thereon, and allocations of Realized Losses, made on such Distribution Date; (xvixvii) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amountrespective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date; (xviii) the aggregate amount of any Net Interest Shortfalls and the 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 Class A Certificates, Mezzanine Certificates and the Class C Certificates for such Distribution Date; (xviixxi) the aggregate amount Principal Balance of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments Mortgage Loans purchased hereunder by the Servicer pursuant to Section 3.24; (xviii) Seller during the Net WAC Rate Carryover Amount for each Class related Due Period, and indicating the relevant section of Class A Certificates and Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether the Stepdown Date or a Trigger Event has occurred and the Realized Loss Percentage for such Distribution Date; (xx) the total cashflows received and the general sources thereof (including amounts received from the Supplemental Interest Trust Trustee under the Interest Rate Swap related Servicing Agreement, from or the Cap Trustee under Section of this Agreement, as applicable, requiring or allowing the Interest Rate Cap Agreement and under the Basis Risk Cap Agreement); (xxi) the respective Pass-Through Rates applicable to purchase of each Class of Class A Certificates, 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 Mezzanine Certificates for the immediately succeeding Distribution DateMortgage Loan; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed of any Principal Deficiency Amounts or Accrued Interest Amounts paid to each Class of Certificates from payments made under the Interest Rate Cap Contract;an Undercollateralized Group or amounts paid pursuant to Section 5.01(f)(i); and (xxiii) the amount of any Net Swap Payments unpaid Basis Risk Shortfall or Swap Termination Payments; Unpaid Basis Risk Shortfall (xxivif applicable) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvi) for related accrued interest thereon, with respect to the distribution occurring on Class 1-A Certificates. The Securities Administrator will make 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 will make such statement Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Certificateholders and the Rating Agencies other parties to this Agreement via the TrusteeSecurities Administrator’s internet website. The TrusteeSecurities Administrator’s internet website shall initially be located at “h▇▇▇.▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇▇▇▇”. 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee Securities Administrator shall have the right to change the way such statements reports are distributed in order to make such distribution more convenient and/or more accessible to the above parties parties, and the Trustee Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulatorschange. 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 Off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee Securities Administrator shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) and (iixxi) 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 NIMS Insurer and the Residual Certificateholders Bloomberg Financial Markets, Inc. in a copy of the reports forwarded format acceptable to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within Bloomberg Financial Markets, Inc. on a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon requestmonthly basis, and each Person who at any time during the calendar year was shall supply an electronic tape to Loan Performance and Intex Solutions in a Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in forcemonthly basis.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Greenwich Capital Accept Inc Harborview Mort Loan Tr 2003 2)

Statements. (a) On Concurrently with each Distribution Datedistribution to Certificateholders, basedthe Securities Administrator shall make available to each Certificateholder, as applicablethe Seller, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS Insurer, the Servicer and the Rating Agencies, a statement based, as applicable, on loan-level information provided to it by the Master Servicer and the Servicers (the “Distribution Date Statement”) as to the distributions to be made or made, as applicable, on such Distribution Date. The Distribution Date Statement shall include the following: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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 Amountsprincipal; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess CashflowSenior Percentage, the Overcollateralized AmountSenior Prepayment Percentage, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Subordinate Percentage and the Credit Enhancement Subordinate Prepayment Percentage as of such Distribution Date and the Excess Overcollateralized Amount with respect to each Loan Group for the Mortgage Pool for such following Distribution Date; (iv) the fees and expenses aggregate amount of servicing compensation received by each Servicer during the Trust Fund accrued and paid on such Distribution Date and to whom such fees and expenses were paidrelated Due Period; (v) the aggregate amount of Advances for the related Due Period (including and the general purpose amount of such Advances)unreimbursed Advances as reported by each Servicer; (vi) the aggregate Principal Loan Group Balance and related Net WAC for each Loan Group at the Close of the Mortgage Loans and any REO Properties as of Business at the end of the relted related Due Period; (vii) the aggregate Principal Balance of any 2nd lien the One-Year CMT Indexed Mortgage LoansLoans at the Close of Business at the end of the related Due Period; (viii) the number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate Balance of the Six-Month LIBOR Indexed, One-Month LIBOR Indexed and One-Year LIBOR Indexed Mortgage Loans as at the Close of Business at the end of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding Due Period; (ix) the amount of the Master Servicer Fees paid to or retained by the Master Servicer; (x) the aggregate amount of Servicing Fees paid to or retained by the Servicers; (xi) to the extent that such amounts are paid out of the Distribution Account, 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) for each Loan Group, 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; (xiii) the number and aggregate unpaid Stated Principal Balance principal balance of Mortgage Loans that were Loans, in the aggregate and for each Loan Group, using the “MBA” method (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays Delinquent, (2b) 60 to 89 days and Delinquent, (3c) 90 or more daysdays Delinquent, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more daysbankruptcy, in each case as of the Close close of Business business on the last day of the preceding calendar month preceding such Distribution Date and (D) REO Properties, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefrommonth; (xxiv) the rolling six-month delinquency rate for that Distribution Date; (xv) the total number and cumulative Stated Principal Balance principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the calendar month preceding the related Distribution DateDue Period; (xixvi) the aggregate amount of Principal Prepayments and Prepayment Penalty Amounts with respect to each Loan Group made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiiixvii) the aggregate amount of Realized Losses for each Loan Group and Recoveries incurred during the related Prepayment Due Period and the cumulative amount of Realized Losses and the aggregate amount Recoveries as of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date; (xiv) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxviii) the cumulative amount of Realized Losses for each Loan Group; (xix) the Realized Losses and Recoveries, if any, allocated to each Class of Certificates on the related Distribution Date; (xx) the Class Certificate Principal Balance of each Class of Class A Certificates, Mezzanine Certificates and the Class C Certificates, before and Apportioned Principal Balances of the Subordinate Certificates after giving effect to the distributionsany distributions made thereon, and allocations of Realized Losses, made on such Distribution Date; (xvixxi) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine 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; (xxii) the aggregate amount of any Net Interest Shortfalls and the Unpaid Interest Shortfall Amount for such Distribution Date; (xxiii) the Available Funds with respect to each Loan Group; (xxiv) the Pass-Through Rate for each Class C of Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect level of LIBOR used to each Class of Class A Certificates, Mezzanine Certificates and determine 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 Servicer 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 remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether the Stepdown Date or a Trigger Event has occurred and the Realized Loss Percentage for such Distribution Date; (xx) 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); (xxi) the respective applicable Pass-Through Rates applicable to each Class of Class A Certificates, 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 Mezzanine Certificates for the immediately succeeding Distribution Date; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution DateRate; (xxv) the aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, and indicating the relevant section of the related Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each such Mortgage Loan; (xxvi) the amount on deposit of any Principal Deficiency Amounts or Accrued Interest Amounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(f)(i); (xxvii) the total number of Mortgage Loans in the Pre-Funding Accounts aggregate and the Interest Coverage Accountsaggregate Stated Principal Balance for the Group 1 Mortgage Loans (also separately stating such information for the Adjustable Rate Mortgage Loans, the Three-Year Hybrid Mortgage Loans and the Five-Year Hybrid Mortgage Loans), the Group 2 Mortgage Loans and the Group 3 Mortgage Loans, in each case at the close of business at the end of the related Due Period; and (xxvixxviii) for the distribution occurring on amount of any Class ES Distributable Amount. The Securities Administrator will make 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 will make such statement Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Certificateholders and the Rating Agencies other parties to this Agreement via the TrusteeSecurities Administrator’s internet website. The TrusteeSecurities Administrator’s internet website shall initially be located at “h▇▇▇.▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇▇▇▇”. Assistance in using the website can be obtained by calling the TrusteeSecurities Administrator’s customer service desk at (▇▇▇) ▇▇▇1-▇▇▇▇866-846-4526. 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 Trustee Securities Administrator shall have the right to change the way such statements reports are distributed in order to make such distribution more convenient and/or more accessible to the above parties parties, and the Trustee Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulatorschange. 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 Off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee Securities Administrator shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i), (ii) and (iiiv) above, aggregated for such calendar year or applicable portion thereof during which such Person was a CertificateholderCertificateholder and such other customary information which a Certificateholder reasonably requests to prepare its tax returns. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Trustee Securities Administrator shall make available supply an electronic tape to the NIMS Insurer and the Residual Certificateholders Bloomberg Financial Markets, Inc. in a copy of the reports forwarded format acceptable to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within Bloomberg Financial Markets, Inc. on a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon requestmonthly basis, and each Person who at any time during the calendar year was shall supply an electronic tape to Loan Performance and Intex Solutions in a Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in forcemonthly basis.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2007-4)

Statements. (a) On Two Business Days prior to each Distribution Date, the Securities Administrator shall make available to the Trustee, and concurrently with each distribution to Certificateholders, the Securities Administrator shall make available to each Certificateholder, the Seller, the Master Servicer, the Trustee and the Rating Agency, a statement based, as applicable, on loan-level information provided to it by the Master Servicer, (the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS Insurer, the Servicer and the Rating Agencies, a statement “Distribution Date Statement”) as to the distributions to be made or made, as applicable, on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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 Amountsprincipal; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess CashflowSenior Percentage, the Overcollateralized AmountSenior Prepayment Percentage, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Subordinate Percentage and the Credit Enhancement Subordinate Prepayment Percentage as of such Distribution Date and the Excess Overcollateralized Amount with respect to each Loan Group for the Mortgage Pool for such following Distribution Date; (iv) the fees aggregate amount of servicing compensation received by each Servicer during the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including and the general purpose amount of such unreimbursed Advances); (vi) the aggregate Principal Balance of Special Hazard Loss Coverage Amount, the Mortgage Loans Fraud Loss Coverage Amount and any REO Properties the Bankruptcy Loss Coverage Amount, each as of the end of the relted Due Periodrelated Determination Date; (vii) the aggregate Principal Loan Group Balance and related Net WAC for each Loan Group at the Close of any 2nd lien Mortgage LoansBusiness at the end of the related Due Period; (viii) for each Loan Group, 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 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; (x) [reserved] (xi) for each Loan Group, the number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Loan Rate of the related Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDue Date; (ixxii) the number and aggregate unpaid Stated Principal Balance principal balance of Mortgage Loans that were Loans, in the aggregate and for each Loan Group, (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays Delinquent, (2b) 60 to 89 days and Delinquent, (3c) 90 or more daysdays Delinquent, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more daysbankruptcy, in each case as of the close of business on the last day of the preceding calendar month; (xiii) the book value of any REO Property as of the Close of Business on the last day Business Day of the calendar month preceding such the Distribution Date and (D) REO PropertiesDate, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefrom; (x) and, cumulatively, the total number and cumulative Stated Principal Balance principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the calendar month preceding the related Distribution DateDue Period; (xixiv) the aggregate amount of Principal Prepayments and Prepayment Penalty Amounts with respect to each Loan Group made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiiixv) the aggregate amount of Realized Losses incurred during the related Prepayment Due 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 DateLosses; (xivxvi) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xv) the Class Certificate Principal Balance of each Class of Class A Certificates, Mezzanine Certificates and the Class C Certificates, before and Apportioned Principal Balances of the Subordinate Certificates after giving effect to the distributionsany distributions made thereon, and allocations of Realized Losses, made on such Distribution Date; (xvixvii) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amountrespective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date; (xviii) the aggregate amount of any Net Interest Shortfalls and the 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 Class A Certificates, Mezzanine Certificates and the Class C Certificates for such Distribution Date; (xviixxi) the aggregate amount Principal Balance of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments Mortgage Loans purchased hereunder by the Servicer pursuant to Section 3.24; (xviii) Seller during the Net WAC Rate Carryover Amount for each Class related Due Period, and indicating the relevant section of Class A Certificates and Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether the Stepdown Date or a Trigger Event has occurred and the Realized Loss Percentage for such Distribution Date; (xx) the total cashflows received and the general sources thereof (including amounts received from the Supplemental Interest Trust Trustee under the Interest Rate Swap related Servicing Agreement, from or the Cap Trustee under Section of this Agreement, as applicable, requiring or allowing the Interest Rate Cap Agreement and under the Basis Risk Cap Agreement); (xxi) the respective Pass-Through Rates applicable to purchase of each Class of Class A Certificates, 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 Mezzanine Certificates for the immediately succeeding Distribution Date;Mortgage Loan; and (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments Principal Deficiency Amounts or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Accrued Interest Coverage Accounts; and (xxvi) for the distribution occurring on Amounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(f)(i). The Securities Administrator will make 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 will make such statement Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Certificateholders and the Rating Agencies other parties to this Agreement via the TrusteeSecurities Administrator’s internet website. The TrusteeSecurities Administrator’s internet website shall initially be located at “h▇▇▇.▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇▇▇▇”. 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee Securities Administrator shall have the right to change the way such statements reports are distributed in order to make such distribution more convenient and/or more accessible to the above parties parties, and the Trustee Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulatorschange. 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 Off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) and (iixxi) 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 Securities Administrator shall make available supply an electronic tape to the NIMS Insurer and the Residual Certificateholders Bloomberg Financial Markets, Inc. in a copy of the reports forwarded format acceptable to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within Bloomberg Financial Markets, Inc. on a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon requestmonthly basis, and each Person who at any time during the calendar year was shall supply an electronic tape to Loan Performance and Intex Solutions in a Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in forcemonthly basis.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Greenwich Capital Acceptance Inc Thorn Mort Sec Tr 2003-1)

Statements. (a) On each Distribution Date, based, as applicable, on the Mortgage Loan information provided to it by contained in the ServicerRemittance Report, the Trustee Securities Administrator shall prepare and make available to each Holder of the Regular Certificateson its internet website, the NIMS Insurer, the Servicer and the Rating Agencies, initially located at "▇▇▇.▇▇▇▇▇▇▇.▇▇▇," a statement (a "Distribution Date Statement") as to the distributions to be made on such Distribution Date: (i) the Principal Distribution Amount and the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular CertificatesCertificates allocable to principal, separately identified, allocable to principal identified and the amount of the distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts; (ii) the Interest Remittance Amount and the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interestinterest or Class CE Distributable Amount, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Overcollateralization 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 Amount as of such Distribution Date and the Monthly Excess Overcollateralized Interest Amount for the Mortgage Pool and Monthly Excess Cashflow Amount for such Distribution Date; (iv) the fees and expenses aggregate amount of servicing compensation received by the Trust Fund accrued and paid on such Distribution Date and to whom such fees and expenses were paidServicer during the related Collection Period; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Period; (vi) the aggregate Principal Pool Balance at the close of the Mortgage Loans and any REO Properties as of business at the end of the relted related Due Period; (vii) the 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 Interest Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDue Date; (ixviii) the number and aggregate unpaid Stated Principal Balance principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays past due on a contractual basis, (2b) 60 to 89 days and past due on a contractual basis, (3c) 90 or more daysdays past due on a contractual basis, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close close of Business business on the last day of the calendar month preceding such Distribution Date and Date; (Dix) with respect to any Mortgage Loan that became an REO PropertiesProperty during the preceding calendar month, as well as the aggregate loan number of such Mortgage Loan, the unpaid principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefromPrincipal Balance of such Mortgage Loan as of the date it became an REO Property; (x) cumulatively, the total number and cumulative Stated Principal Balance principal balance of all REO Properties as of the Close close of Business business of the last day of the calendar month preceding the related Distribution DateCollection Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) the aggregate amount of Realized Losses incurred during the related Prepayment Collection 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 DateLosses; (xiv) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiii) 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 LossesLosses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts, and the Notional Amount of the Class AIO Certificates for that Distribution Date; (xiv) the Accrued Certificate Interest in respect of each Class of Offered 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; (xvi) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine Certificates and the Class 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 C Certificates for such Distribution Date; (xviixv) 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 3.243.23, and the amount of Relief Act Shortfalls applied to reduce the Interest Remittance Amount for each Class for such Distribution Date; (xvi) the amount of the Securities Administration Fee paid; (xvii) the aggregate amount of the Credit Risk Manager Fee paid; (xviii) any Overcollateralization Deficiency after giving effect to the Net WAC Rate Carryover Amount for each Class distribution of Class A Certificates and Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor principal on such Distribution Date; (xix) whether the Stepdown Date or a Trigger Event has occurred and is continuing, and the cumulative Realized Loss Percentage Losses, as a percentage of the original Pool Balance; (xx) the Available Funds; (xxi) the Pass-Through Rate at which interest accrues for each Class of Certificates for such Distribution Date and the Formula Rate at which interest will accrue for such Class (other than the Class AIO Certificates) for the next Distribution Date, and the Pass-Through Rate for the Class AIO Certificates for the next Distribution Date; (xxii) the Liquidation Report for such Distribution Date; (xx) 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); (xxi) the respective Pass-Through Rates applicable to each Class of Class A Certificates, 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 Mezzanine Certificates for the immediately succeeding Distribution Date; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount aggregate Principal Balance of any Net Swap Payments Mortgage Loans purchased by the Seller during the related Collection Period and indicating the Section of this Agreement requiring or Swap Termination Paymentsallowing the purchase of each such Mortgage Loan; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Dateaggregate Principal Balance of the Mortgage Loans repurchased by the Depositor during the related Collection Period in connection with Section 3.16; (xxv) the amount of Interest Carry Forward Amount and Net WAC Rate Carryover Amount payable on deposit each Class for such Distribution Date, separately identifying the portion of each that consists of interest accrued on previous such amounts, the amounts paid on each Class on such Distribution Date in the Pre-Funding Accounts respect of such items, and the amount of Interest Coverage AccountsCarry Forward Amount and Net WAC Rate Carryover Amount that will be payable on each Class on the next Distribution Date; and (xxvi) for the distribution occurring on amount of all reimbursements of Realized Losses previously allocated to reduce the Distribution Date immediately following the end Certificate Principal Balance of the Funding Period, the balance on deposit in the Group I Pre-Funding Account and/or the Group II Pre-Funding Account any Class of Certificates 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, were reimbursed on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager and the Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “h▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇▇▇▇”remaining amount of any Realized Losses that have been so allocated and not yet reimbursed, for each Class. Assistance in using the Securities Administrator's 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee Securities Administrator shall have the right to change the way such statements reports are distributed in order to make such distribution more convenient and/or more accessible to the above parties parties, and the Trustee Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changeschange. As a condition The Securities Administrator's obligations pursuant to access this Section 4.06 are limited to the Trustee’s internet website, extent of its receipt of all necessary information from the Trustee may require registration and the acceptance of a disclaimerServicer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee Securities Administrator may fully rely upon and shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting have no liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any information with respect to the Mortgage Loan, delinquencies shall be determined by the Trustee from information Loans 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 regulatorsServicer. In the case of information furnished pursuant to subclauses (i) and through (iiiii) above, the amounts shall be expressed in a separate section Section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, shall furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i), (ii), (xi), (xii), (xxiii) and (iixxiv) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder, plus other information as the Securities Administrator may determine and advise the Trustee to be necessary and/or to be required by the Internal Revenue Service or by federal or state laws, rules or regulations to enable such Certificateholders to prepare their tax returns for such calendar year. Such obligation obligations of the Trustee and the Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee or the Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Trustee Securities Administrator shall make available on its website the same information to the NIMS Insurer and the Residual Class R Certificateholders a copy of the reports forwarded as that provided to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee Securities Administrator deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Class R Certificateholders by the Trustee Securities Administrator pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Asset Backed Funding Corp 2002 Wf1 Trust)

Statements. (a) On each Distribution Date, the Trustee shall make available to each Certificateholder, the Certificate Insurer, the Seller, and the Rating Agency, a statement based, as applicable, on loan-level information provided to it by the Servicer, the Trustee shall prepare obtained from and make available to each Holder of the Regular Certificates, the NIMS Insurer, the Servicer and (the Rating Agencies, a statement “Distribution Date Statement”) as to the distributions to be made or made, as applicable, on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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 Amountsprincipal; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess CashflowSenior Percentage, the Overcollateralized AmountSenior Prepayment Percentage, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Subordinate Percentage and the Credit Enhancement Subordinate Prepayment Percentage as of such Distribution Date and the Excess Overcollateralized Amount with respect to each Loan Group for the Mortgage Pool for such following Distribution Date; (iv) the fees 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 expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including and the general purpose amount of such unreimbursed Advances); (vi) the aggregate Principal Pool Collateral Balance of and the Mortgage Loans and any REO Properties as of the end of the relted Due PeriodLoan Group Collateral Balance for such Distribution Date; (vii) the aggregate Principal Loan Group Balance and related Net WAC and applicable Net WAC Cap for each Loan Group at the Close of any 2nd lien Mortgage LoansBusiness at the end of the related Due Period; (viii) 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; (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 prior calendar month in respect of Aggregate Subsequent Transfer Amounts or amounts included in Available Funds on the Distribution Date in the month following the end of the Prefunding Period); (x) [reserved]; (xi) for each Loan Group, the number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Loan Rate of the related Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDue Date; (ixxii) the number and aggregate unpaid Stated Principal Balance principal balance of Mortgage Loans that were Loans, in the aggregate and for each Loan Group, (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays Delinquent, (2b) 60 to 89 days and Delinquent, (3c) 90 or more daysdays Delinquent, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more daysbankruptcy, in each case as of the close of business on the last day of the preceding calendar month; (xiii) the book value of any REO Property as of the Close of Business on the last day Business Day of the calendar month preceding such the Distribution Date and (D) REO PropertiesDate, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefrom; (x) and, cumulatively, the total number and cumulative Stated Principal Balance principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the calendar month preceding the related Distribution DateDue Period; (xixiv) the aggregate amount of Principal Prepayments with respect to each Loan Group made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiiixv) the aggregate amount of Realized Losses incurred during the related Prepayment Due 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 Realized Losses, if any, allocated to each Class of Subsequent Recoveries received since the Closing DateCertificates or Principal-Only Components; (xivxvi) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xv) the Class Certificate Principal Balance or Class Certificate Notional Balance, as applicable, of each Class of Class A Certificates, Mezzanine Certificates and the Class C Certificates, before and Apportioned Principal Balances of the Subordinate Certificates after giving effect to the distributionsany distributions made thereon, and allocations of Realized Losses, made on such Distribution Date; (xvixvii) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amountrespective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date; (xviii) the aggregate amount of any Net Interest Shortfalls and the 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 Class A Certificates, Mezzanine Certificates and the Class C Certificates for such Distribution Date; (xviixxi) the aggregate amount Principal Balance of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments Mortgage Loans purchased hereunder by the Servicer pursuant to Section 3.24; (xviii) Seller during the Net WAC Rate Carryover Amount for each Class related Due Period, and indicating the relevant section of Class A Certificates and Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether the Stepdown Date or a Trigger Event has occurred and the Realized Loss Percentage for such Distribution Date; (xx) the total cashflows received and the general sources thereof (including amounts received from the Supplemental Interest Trust Trustee under the Interest Rate Swap Servicing Agreement, from or the Cap Trustee under Section of this Agreement, as applicable, requiring or allowing the Interest Rate Cap Agreement and under the Basis Risk Cap Agreement); (xxi) the respective Pass-Through Rates applicable to purchase of each Class of Class A Certificates, 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 Mezzanine Certificates for the immediately succeeding Distribution DateMortgage Loan; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed of any Principal Deficiency Amounts or Accrued Interest Amounts paid to each Class of Certificates from payments made under the Interest Rate Cap Contractan Undercollateralized Group or amounts paid pursuant to Section 5.01(e)(i); (xxiii) the amount of any Net Swap Payments or Swap Termination Paymentscurrent Recoveries allocable to each Loan Group; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Datecumulative Recoveries allocable to each Loan Group; (xxv) the amount on deposit in the Pre-Funding Accounts of any Basis Risk Shortfall, if any, and the Interest Coverage Accounts; andrelated accrued interest thereon; (xxvi) for the distribution occurring on the Distribution Date immediately following the end of the Funding Periodeach Loan Group, 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, amount of Deferred Interest and that is being distributed to the related Class A Certificates as a mandatory distribution of principalNet Deferred Interest, if any, on for such Distribution DateLoan Group; (xxvii) payments made under the Yield Maintenance Agreements, if any; (xxviii) the amount of Net Deferred Interest, if any, added to the Class Certificate Principal Balance or Component Principal Balance of the related Certificates and Principal-Only Components; (xxix) the amount of the Certificate Insurer Reimbursement Amount, if any; (xxx) the Deficiency Amount, if any, to be paid by the Certificate Insurer; and (xxxi) the number of mortgage loans and the aggregate principal balance of the mortgage loans that have negatively amortized in each Loan Group. The Trustee will make such statement the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Certificateholders and the Rating Agencies 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 Trustee 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 Trustee shall have the right to change the way such statements reports are distributed in order to make such distribution more convenient and/or more accessible to the above parties parties, and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulatorschange. 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 Off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Certificate Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and (ii) 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 NIMS Insurer and the Residual Certificateholders Bloomberg Financial Markets, Inc. in a copy of the reports forwarded format acceptable to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within Bloomberg Financial Markets, Inc. on a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon requestmonthly basis, and each Person who at any time during the calendar year was shall supply an electronic tape to Loan Performance and Intex Solutions in a Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in forcemonthly basis.

Appears in 1 contract

Sources: Pooling Agreement (Greenwich Capital Acceptance Inc)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS NIMs Insurer, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Period; (vi) the aggregate Principal Pool Balance at the Close of the Mortgage Loans and any REO Properties as of Business at the end of the relted related Due Period; (vii) the aggregate Principal Balance of any 2nd lien Mortgage Loans; (viii) the number, aggregate Stated Principal Balanceprincipal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance principal balance of all Subsequent Mortgage Loans added during the Funding preceding Prepayment Period; (ixviii) the number and aggregate unpaid Stated Principal Balance principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) 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 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) [reserved]; (x) the total number and cumulative Stated Principal Balance principal balance of all REO Properties as of the Close of Business of the last day of the calendar month preceding the related Distribution DatePrepayment Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) 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 DateLosses; (xivxiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or for such Distribution Date; (xiv) the Distribution Account for 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; (xv) the Certificate Principal Balance of each Class of Class A Certificates, Mezzanine Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, made on such Distribution Date; (xvi) the Monthly Interest Distributable Amount in respect of each Class 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 each Class of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date; (xviixvi) 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 3.243.26; (xvii) the Credit Enhancement Percentage for such Distribution Date; (xviii) the Net WAC Rate Carryover Amount for each Class of the Class A Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether 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 and the Realized Loss Percentage for such Distribution Date; (xx) 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)occurred; (xxi) the Available Funds; (xxii) the respective Pass-Through Rates applicable to each Class of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Pass-Pass- Through Rate applicable to each Class of the Class A Certificates and the Mezzanine Certificates for the immediately succeeding Distribution Date; (xxiixxiii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiiiA) the amount of any Net Swap Payments or Swap Termination Paymentspayments 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); (xxivA) the applicable Record Dates, Accrual Periods dollar amount of claims made under the PMI Policy that were denied during the Prepayment Period (and Determination Dates for calculating distributions for the number of Mortgage Loans to which such Distribution Datedenials related) and (B) the dollar amount of the cumulative claims made under the PMI Policy that were denied since the Closing Date (and the number of Mortgage Loans to which such denials related); (xxv) the amount on deposit in the Pre-Funding Accounts and Account, the Interest Coverage AccountsAccount and the Reserve Fund; and (xxvi) for 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 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 prepayment of principal, if any, on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager NIMs Insurer and the Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “h"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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) and through (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS NIMs Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and through (iiiii) 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 NIMs Insurer and the Residual Class R Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, NIMs Insurer and each Person who at any time during the calendar year was a Residual 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 Residual Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Option One Mort Accep Corp Asset Backed Cert Ser 2001-1)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS InsurerMaster Servicer, the Servicer Rating Agencies and the Rating AgenciesCertificate Insurer, a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment AmountsCharges; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to 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 Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Period; (vi) the aggregate Principal Pool Balance and the Pool Balance of the Mortgage MI Loans and any REO Properties as Non-MI Loans, each at the Close of Business at the end of the relted related Due Period; (vii) the aggregate Principal Balance of any 2nd lien Mortgage Loans; (viii) the number, aggregate Stated Principal Balanceprincipal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage MI Loans and Non-MI Loans, respectively, as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDate; (ixviii) the total number and aggregate unpaid Stated Principal Balance principal balance of 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 such Distribution Date Date, and (D) REO Properties; (ix) with respect to any Mortgage Loan that became an REO Property during the preceding Prepayment Period, as well as the aggregate unpaid principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefromPrincipal Balance of such Mortgage Loan as of the date it became an REO Property; (x) the total number and cumulative Stated Principal Balance principal balance of all REO Properties as of the Close of Business of the last day of the calendar month preceding Prepayment Period and the related Distribution Datetotal number and cumulative principal balance of REO Properties that were MI Loans and Non-MI Loans respectively; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentageaggregate amount of Realized Losses incurred during the 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 aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount twelve months preceding such Distribution Date (or such fewer number of Realized Losses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received calendar months which have occurred since the Closing Cut-off Date); (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 each Class of the Class A Certificates, Mezzanine Certificates and the Notional Amount of the Class C S Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, distributions made on such Distribution Date; (xvi) the Monthly Interest Distributable Amount and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of each Class of the Class A Certificates, Mezzanine Certificates and the Class C S 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 C Certificates for on such Distribution Date; (xvii) the aggregate amount of any Prepayment Interest Shortfalls and the Unpaid Interest Shortfall Amount for such Distribution Date, to the extent not covered by payments by the Master Servicer pursuant to Section 3.243.26; (xviii) the aggregate Premium Amount to be paid to the Certificate Insurer; (xix) the Net WAC Rate; (xx) the Net WAC Rate Carryover Amount for each Class of Class A Certificates and Mezzanine CertificatesAmount, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether the Stepdown Date or a Trigger Event has occurred and the Realized Loss Percentage for such Distribution Date; (xx) 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); (xxi) any Overcollateralization Deficiency Amount after giving effect to the respective Pass-Through Rates applicable to each Class distribution of Class A Certificates, Mezzanine Certificates and the Class C Certificates for principal on such Distribution Date and the Pass-Through Rate applicable to each Class of Class A Certificates and Mezzanine Certificates for the immediately succeeding Distribution Date; (xxii) payments, if any, made under whether the Interest Rate Cap Contract Step Up Cumulative Loss Test and/or Step Up Rolling Loss Test have been met and the amount distributed to each Class cumulative realized losses, as a percentage of Certificates from payments made under the Interest Rate Cap Contractoriginal Pool Balance; (xxiii) the amount of any Net Swap Payments or Swap Termination PaymentsAvailable Funds; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates Pass-Through Rate for calculating distributions the Class A Certificates for such Distribution 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 Pre-Funding Accounts and Reserve Account; (xxix) the Interest Coverage Accountsamount of the Reserve Account Addition; (xxx) amounts received under the Cap Agreements; and (xxvixxxi) for claims filed, claims made, claims rejected or reduced under the distribution occurring on MI Policy in the Distribution Date immediately following six month periods ending at the end of the Funding Periodpreceding month, the balance on deposit 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 Group I Pre-Funding Account and/or prior twelve months divided by the Group II Pre-Funding Account that has not been used to purchase Subsequent Group I Mortgage balance of the MI Loans and/or Subsequent Group II Mortgage Loans, as applicable, at the beginning of such twelve month period; 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 will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Rating Agencies and the Rating Agencies Certificate Insurer via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “h"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 option options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) and through (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and through (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Trustee shall make available forward to the NIMS Insurer and the Residual Class R Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a Residual 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 Residual Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force. (e) The Trustee hereby agrees to disclose the Premium Amount to any Person upon request. (f) If and when the aggregate principal amount of Realized Losses on the MI Loans is equal to or greater than $5,289,733.14, the Trustee shall give notice in writing of such fact to the Sponsor, the Master Servicer, the MI Insurer and the Certificate Insurer no later than 5 days after the occurrence after such event.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Financial Asset Securities Corp)

Statements. (a) On each Distribution Date, based, as applicable, based on the Mortgage Loan information provided to it by contained in the ServicerRemittance Report, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS Insurer, the Servicer and the Rating Agenciespost on its website at www.ctslink.com, a statement (the "Distribution Date Statement") as to the distributions ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ns made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular CertificatesCertificates allocable to principal, separately identified, allocable to principal identified and the amount of the distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges Charges, Originator Prepayment Charge Payment Amounts and Servicer Prepayment Charge Payment Amounts; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interestinterest or Class CE Distributable Amount, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Overcollateralization 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 Amount as of such Distribution Date and the Monthly Excess Overcollateralized Interest Amount for the Mortgage Pool and Monthly Excess Cashflow Amount for such Distribution Date; (iv) the fees and expenses aggregate amount of servicing compensation received by the Trust Fund accrued and paid on such Distribution Date and to whom such fees and expenses were paidMaster Servicer during the related Collection Period; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Collection Period, cumulative unreimbursed Advances and Servicing Advances and cumulative Nonrecoverable Advances); (vi) the aggregate Principal Balance Pool Balance, at the close of the Mortgage Loans and any REO Properties as of business at the end of the relted Due related Collection Period; (vii) the 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 Interest Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDue Date; (ixviii) the number and aggregate unpaid Stated Principal Balance principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays past due on a contractual basis, (2b) 60 to 89 days and past due on a contractual basis, (3c) 90 or more daysdays past due on a contractual basis, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close close of Business business on the last day of the calendar month preceding such Distribution Date and Date; (Dix) with respect to any Mortgage Loan that became an REO PropertiesProperty during the preceding calendar month, as well as the aggregate loan number of such Mortgage Loan, the unpaid principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefromPrincipal Balance of such Mortgage Loan as of the date it became an REO Property; (x) the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative Stated Principal Balance principal balance of all REO Properties as of the Close close of Business business of the last day of the calendar month preceding the related Distribution DateCollection Period; (xi) separately stated for each Loan Group, the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) separately stated for each Loan Group, the aggregate amount of Realized Losses incurred during the related Prepayment Collection Period and the cumulative amount of Realized Losses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing DateLosses; (xiv) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiii) 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 LossesLosses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts; (xiv) the Accrued Certificate Interest in respect of each Class of Certificates for such Distribution Date and any related Cap Carryover Amounts, and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date; (xvi) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine Certificates and the Class 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 C Certificates for such Distribution Date; (xviixv) 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 3.243.23; (xviiixvi) the Net WAC Rate amount of the Trustee Fee paid; (xvii) the Cap Carryover Amount for each Class of Class A Certificates and Mezzanine CertificatesAmounts distributed on such Distribution Date, if any, for the amounts remaining after giving effect to distributions thereof on such Distribution Date and the amount remaining unpaid of all Cap Carryover Amounts covered by withdrawals from the Reserve Account on such Distribution Date; (xviii) any Overcollateralization Deficiency after reimbursements therefor giving effect to the distribution of principal on such Distribution Date; (xix) whether the Stepdown Date or a Trigger Event has occurred and is continuing, and the cumulative Realized Loss Percentage Losses, as a percentage of the original Pool Balance; (xx) the Available Funds; (xxi) the rate at which interest accrues for each Class of Certificates for such Distribution Date; (xxxxii) the total cashflows received and information contained in the general sources thereof (including amounts received from the Supplemental Interest Trust Trustee under the Interest Rate Swap Agreement, from the Cap Trustee under the Interest Rate Cap Agreement and under the Basis Risk Cap Agreement); (xxi) the respective Pass-Through Rates applicable to each Class of Class A Certificates, 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 Mezzanine Certificates for the immediately succeeding Distribution Date; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions Liquidation Report for such Distribution Date; (xxiii) the aggregate Principal Balance of Mortgage Loans purchased by the Master Servicer, the Originator or the Seller during the related Prepayment Period and indicating the Section of this Agreement requiring or allowing the purchase of each such Mortgage Loan; (xxiv) the aggregate Principal Balance of the Mortgage Loans repurchased by the Master Servicer during the related Prepayment Period in connection with Section 3.16; (xxv) the amount of the Credit Risk Manager Fee paid; (xxvi) the Mortgage Loan identifying number of each Mortgage Loan with a Prepayment Charge that was the subject of a Principal Prepayment in full during the related Collection Period, the Prepayment Charge listed on deposit in the Pre-Funding Accounts each related Mortgage Note and the Interest Coverage AccountsPrepayment 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; and (xxvixxvii) for the distribution occurring on the Distribution Date immediately following the end amount 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 applicableany claims made, and that is being distributed to any claims rejected, under the Mortgage Insurance Policy during the related Class A Certificates as a mandatory distribution of principal, if any, on such Distribution DateCollection Period. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager may fully rely upon and the 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting no liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any information with respect to the Mortgage Loan, delinquencies shall be determined by the Trustee from information Loans 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 regulatorsMaster Servicer. In the case of information furnished pursuant to subclauses (i), (ii) and (iixiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, shall furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i), (ii), (xiv) and (iixvii) 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 Residual Certificateholders Class R Certificateholder a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders Class R Certificateholder by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Asset Backed Funding Corp Abfc Asset Back Cert Ser 2003 Opt1)

Statements. (a) On each Distribution Date, based, as applicable, based on the Mortgage Loan information provided to it by contained in the ServicerRemittance Report, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS Insurer, the Servicer and the Rating Agenciespost on its website at www.ctslink.com, a statement (the "Distribution Date Statement") as to the distributions t▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇ions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular CertificatesCertificates allocable to principal, separately identified, allocable to principal identified and the amount of the distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges Charges, Originator Prepayment Charge Payment Amounts and Servicer Prepayment Charge Payment Amounts; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interestinterest or Class CE Distributable Amount, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Targeted Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Monthly Excess Overcollateralized Interest Amount for the Mortgage Pool and Monthly Excess Cashflow Amount for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Servicer during the related Collection Period and expenses the amount of Compensating Interest paid by the Trust Fund accrued and paid on such Distribution Date and to whom such fees and expenses were paidServicer; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Collection Period, cumulative unreimbursed Advances and Servicing Advances and cumulative Nonrecoverable Advances); (vi) the aggregate Principal Balance Pool Balance, at the close of the Mortgage Loans and any REO Properties as of business at the end of the relted Due related Collection Period; (vii) the aggregate Principal Balance of any 2nd lien Mortgage Loans; (viii) the number, aggregate Stated Principal Balance, weighted average remaining term to maturity and maturity, the weighted average Mortgage Interest Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDue Date; (ixviii) the number and aggregate unpaid Stated Principal Balance principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays past due on a contractual basis, (2b) 60 to 89 days and past due on a contractual basis, (3c) 90 or more daysdays past due on a contractual basis, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close close of Business business on the last day of the calendar month preceding such Distribution Date and Date; (Dix) with respect to any Mortgage Loan that became an REO PropertiesProperty during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid Principal Balance of the REO Property as well as of the aggregate principal balance close of Mortgage Loans that were liquidated business on the last Business Day of such calendar month and the net proceeds resulting therefromPrincipal Balance of such Mortgage Loan as of the date it became an REO Property; (x) the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative Stated Principal Balance principal balance of all REO Properties as of the Close close of Business business of the last day of the calendar month preceding the related Distribution DateCollection Period; (xi) separately stated for each Loan Group, the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) separately stated for each Loan Group, the aggregate amount of Realized Losses incurred during the related Prepayment Collection Period and the cumulative amount of Realized Losses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing DateLosses; (xiv) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiii) 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 Applied Realized LossesLoss Amounts, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Applied Realized Loss Amounts; (xiv) the Accrued Certificate Interest in respect of each Class of Certificates for such Distribution Date and any related Cap Carryover Amounts, and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date; (xvi) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine Certificates and the Class 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 C Certificates for such Distribution Date; (xviixv) 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 3.243.23; (xviiixvi) the Net WAC Rate Cap Carryover Amount for each Class of Class A Certificates and Mezzanine CertificatesAmounts distributed on such Distribution Date, if any, for the amounts remaining after giving effect to distributions thereof on such Distribution Date and the amount remaining unpaid after reimbursements therefor of all Cap Carryover Amounts covered by withdrawals from the Swap Account or the Cap Carryover Reserve Account on such Distribution Date; (xixxvii) any Overcollateralization Deficiency after giving effect to the distribution of principal on such Distribution Date; (xviii) whether the Stepdown Date or a Trigger Event has occurred and is continuing, and the cumulative Realized Loss Percentage Losses, as a percentage of the original Pool Balance; (xix) the Available Funds; (xx) the rate at which interest accrues for each Class of Certificates for such Distribution Date; (xx) 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); (xxi) the respective Pass-Through Rates applicable to each Class of Class A Certificates, Mezzanine Certificates and information contained in the Class C Certificates Liquidation Report for such Distribution Date and the Pass-Through Rate applicable to each Class of Class A Certificates and Mezzanine Certificates for the immediately succeeding Distribution Date; (xxii) paymentsthe aggregate Principal Balance of Mortgage Loans purchased by the Servicer, if anythe Originator or the Seller during the related Prepayment Period and indicating the section of this Agreement or the Originator Mortgage Loan Purchase Agreement, made under as applicable, requiring or allowing the Interest Rate Cap Contract and the amount distributed to purchase of each Class of Certificates from payments made under the Interest Rate Cap Contractsuch Mortgage Loan; (xxiii) the amount of the Credit Risk Manager Fee paid; (xxiv) the Mortgage Loan identifying number of each Mortgage Loan with a Prepayment Charge that was the subject of a Principal Prepayment in full during the related Prepayment Period, the Prepayment Charge listed on each related Mortgage Note and the Prepayment Charge collected, the Servicer Prepayment Charge Payment Amount paid by the Servicer or the Originator Prepayment Charge Payment Amount paid by the Originator with respect to each such Mortgage Loan; (xxv) the amount of Subsequent Recoveries received during the related Prepayment Period; (xxvi) only for so long as the Trust is subject to the Exchange Act reporting requirements, the Interest Rate Swap Agreement's "significance percentage" of the Pool Balance; (xxvii) the amount and recipient of any Net Swap Payments or and Swap Termination Payments; (xxivxxviii) the applicable Record Dates, Accrual Periods date of such Distribution Date and the Determination Dates for calculating distributions Date for such Distribution Date; (xxvxxix) any expenses or indemnification amounts paid by the amount on deposit in Trust Fund, the Pre-Funding Accounts specific purpose of each payment and the parties to whom these payments are made; (xxx) for each Class, the applicable Record Date and Interest Coverage AccountsAccrual Period; and (xxvixxxi) for the distribution occurring on the Distribution Date immediately following the end of the Funding Period, the balance on deposit unless such information is otherwise set forth in the Group I PreForm 10-Funding Account and/or the Group II Pre-Funding Account that has not been used D relating 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, any material breaches of representations and warranties relating to the Mortgage Loans or material breaches of transaction covenants or representations and warranties. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager may fully rely upon and the 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 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 no liability with respect to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible information with respect to the above parties and Mortgage Loans provided by the Trustee shall provide timely and adequate notification to all above parties regarding any such changesServicer. As In determining whether a condition to access breach of a representation or warranty relating to the Trustee’s internet websiteMortgage 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 require registration consult with the Depositor 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 Depositor's determination of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulatorsmateriality. In the case of information furnished pursuant to subclauses (i), (ii) and (iixiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. The Trustee will also make available copies of the periodic reports the Trustee prepares and files with the Commission, including distribution reports on Form 10-D, annual reports on Form 10-K, current reports on Form 8-K and amendments to these reports available through www.ctslink.com promptly (but no later than one Business Day) after t▇▇ ▇▇▇▇▇▇▇ ▇▇▇ filed such reports with the Commission. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, shall furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i), (ii), (xiv) and (iixvi) 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 each Residual Certificateholders Certificateholder a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders each Residual Certificateholder by the Trustee pursuant to any requirements of the Code as from time to time in force. (d) For all purposes of this Agreement including, but not limited to, providing the information set forth in clause (viii) of Section 4.06(a), with respect to any Mortgage Loan, delinquencies shall be determined and reported based on the so-called "OTS" methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be one payment delinquent with respect to a Monthly Payment due on a Due Date if such Monthly Payment is not made by the close of business on the Mortgage Loan's next succeeding Due Date, and a Mortgage Loan would be two payments delinquent with respect to such Monthly Payment if such Monthly Payment were not made by the close of business on the Mortgage Loan's second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that this delinquency recognition policy is its current policy and is not less restrictive than any delinquency recognition policy established by the primary safety and soundness regulator, if any, of the Servicer.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (ABFC 2006-Opt3 Trust)

Statements. (a) On Two Business Days prior to each Distribution Date, basedthe Securities Administrator shall make available to the Yield Maintenance Counterparty (and on the Auction Distribution Date, as applicableto the Auction Administrator), on information provided and concurrently with each distribution to it by Certificateholders, the Securities Administrator shall make available to each Certificateholder, the Seller, the Master Servicer, 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 based, as applicable, on loan-level information provided to it by the Master Servicer, (the “Distribution Date Statement”) as to the distributions to be made or made, as applicable, on such Distribution Date. Information in the Distribution Date Statement relating to or based on amounts available in the Yield Maintenance Account shall be based on information provided by the Yield Maintenance Counterparty regarding any Yield Maintenance Amounts required to be paid by the Yield Maintenance Counterparty for the related Distribution Date pursuant to the Yield Maintenance Agreements. The Distribution Date Statement shall include the following: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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 Amountsprincipal; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identifiedincluding any Required Reserve Fund Deposits; (iii) the Net Monthly Excess CashflowSenior Percentage, the Overcollateralized AmountSenior Prepayment Percentage, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Subordinate Percentage and the Credit Enhancement Subordinate Prepayment Percentage as of such Distribution Date and the Excess Overcollateralized Amount with respect to each Loan Group for the Mortgage Pool for such following Distribution Date; (iv) the fees aggregate amount of servicing compensation received by each Servicer during the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including and the general purpose amount of such unreimbursed Advances); (vi) the Available Funds Cap for each Class of Senior Certificates (other than the Class A-X Certificates) on such Distribution Date; (vii) the 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 and any REO Properties as at the Close of Business at the end of the relted related Due Period; (viiix) the aggregate Principal Balance of any 2nd lien the Six-Month LIBOR Indexed, One-Month LIBOR Indexed and One-Year LIBOR Indexed Mortgage LoansLoans at the Close of Business at the end of the related Due Period; (viiix) [reserved] (xi) for each Loan Group, the number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Loan Rate of the related Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDue Date; (ixxii) the number and aggregate unpaid Stated Principal Balance principal balance of Mortgage Loans that were Loans, in the aggregate and for each Loan Group, (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays Delinquent, (2b) 60 to 89 days and Delinquent, (3c) 90 or more daysdays Delinquent, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more daysbankruptcy, in each case as of the Close close of Business business on the last day of the preceding calendar month preceding such Distribution Date and (D) REO Properties, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefrommonth; (xxiii) the total number and cumulative Stated Principal Balance principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the calendar month preceding the related Distribution DateDue Period; (xixiv) the aggregate amount of Principal Prepayments and Prepayment Penalty Amounts with respect to each Loan Group made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiiixv) the aggregate amount of Realized Losses incurred during the related Prepayment Due 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 DateLosses; (xivxvi) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xv) the Class Certificate Principal Balance of each Class of Class A Certificates, Mezzanine Certificates and the Class C Certificates, before and Apportioned Principal Balances of the Subordinate Certificates after giving effect to the distributionsany distributions made thereon, and allocations of Realized Losses, made on such Distribution Date; (xvixvii) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine Certificates and the Class 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 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 Servicer 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 respective portions thereof, if any, remaining unpaid after reimbursements therefor following the distributions made in respect of such Certificates on such Distribution Date; (xviii) the aggregate amount of any Net Interest Shortfalls and the Unpaid Interest Shortfall Amount for such Distribution Date; (xix) whether the Stepdown 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 Trigger Event has occurred per annum rate and as a dollar amount, (B) the Realized Loss Percentage 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; (xx) 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); (xxi) the respective Pass-Through Rates applicable to each Class of Class A Certificates, 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 Mezzanine Certificates for the immediately succeeding Distribution Date; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiiixxvi) the amount of any Net Swap Payments or Swap Termination Payments; Unpaid Available Funds Cap Shortfall (xxivif applicable) and the applicable Record Datesrelated accrued interest thereon, Accrual Periods with respect to the Class A-1, Class A-2, Class A-3 and Determination Dates for calculating Class A-4 Certificates following the distributions for and allocations made in respect of such Certificates on such Distribution Date; (xxvxxvii) on the amount on deposit Auction Distribution Date, the Par Price (as defined in the Pre-Funding Accounts and Auction Administration Agreement) for each Class of Auction Certificates as reported to the Interest Coverage AccountsMaster Servicer by the Securities Administrator; and (xxvixxviii) the total number of Mortgage Loans in the aggregate and the aggregate Stated Principal Balance in the aggregate and separately for each of the distribution occurring on Three-Year, Five-Year, Seven-Year and Ten-Year Hybrid Mortgage Loans, in each case at the Distribution Date immediately following close of business at the end of the Funding related Due 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 Securities Administrator will make such statement the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Certificateholders and the Rating Agencies other parties to this Agreement via the TrusteeSecurities Administrator’s internet website. The TrusteeSecurities Administrator’s internet website shall initially be located at “h▇▇▇.▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇▇▇▇”. 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee Securities Administrator shall have the right to change the way such statements reports are distributed in order to make such distribution more convenient and/or more accessible to the above parties parties, and the Trustee Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulatorschange. 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 Off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee Securities Administrator shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i), (ii) and (iiiv) 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 NIMS Insurer and the Residual Certificateholders Bloomberg Financial Markets, Inc. in a copy of the reports forwarded format acceptable to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within Bloomberg Financial Markets, Inc. on a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon requestmonthly basis, and each Person who at any time during the calendar year was shall supply an electronic tape to Loan Performance and Intex Solutions in a Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in forcemonthly basis.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2005-2)

Statements. (a) On Concurrently with each Distribution Date, based, as applicable, on information provided payment to it by the ServicerNoteholders, the Trustee Securities Administrator shall prepare and make available to each Holder of the Regular CertificatesNoteholder, the NIMS InsurerSeller, the Servicer 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 Master Servicer and the Servicer (the "Payment Date Statement") as to the distributions payments to be made or made, as applicable, on such Distribution Payment Date: (i) . 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 distribution made on such Distribution Date related payment to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the amount holders of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts; Notes (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificatesby Class) allocable to interestprincipal, separately identified; identifying (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; (vA) the aggregate amount of Advances 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 related Due Period following Payment Date; the Note Interest Rate for each 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); (vi) ; the number and aggregate Principal Balance of the Mortgage Loans and any REO Properties as of the end of the relted Due Period; (vii) the aggregate Scheduled 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 related Determination Date and the number and aggregate Stated Principal Balance of 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 that were delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Propertiesforeclosure) using the "OTS" method (1) 30 to 59 daysone scheduled payment, (2) 60 to 89 days two scheduled payments and (3) 90 or more days, three scheduled payments and (B) as to which foreclosure proceedings have been commenced commenced, and Delinquent (1) 30 loss information for the period; with respect to 59 daysany Mortgage Loan that was liquidated during the preceding calendar month, (2) 60 to 89 days the loan number and (3) 90 or more daysScheduled Principal Balance of, (C) in bankruptcy and Delinquent (1) 30 to 59 daysRealized Loss on, (2) 60 to 89 days and (3) 90 or more days, in each case such Mortgage Loan as of the Close of Business on the last day end 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; (x) related Prepayment Period; the total number and cumulative Stated Principal Balance of all any REO Properties included in the Loan Groups as of the Close end of Business of the last day of the calendar month preceding the related Distribution Date; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) ; the Delinquency Percentage; (xiii) Senior Note Available Funds Shortfalls for 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; (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 each Class of Class A Certificates, Mezzanine Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, made on such Distribution Date; (xvi) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine Certificates and the Class C Certificates for such Distribution Date and the Unpaid Interest Shortfall AmountOffered Notes, if any, with respect to each Class of Class A Certificates, Mezzanine Certificates any 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 Servicer 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 remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether the Stepdown Date or a Trigger Event has occurred and the Realized Loss Percentage for such Distribution Date; (xx) 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); (xxi) the respective Pass-Through Rates applicable to each Class of Class A Certificates, 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 Mezzanine Certificates for the immediately succeeding Distribution Date; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the PreClass A-Funding Accounts and X Reserve Fund; the Interest Coverage Accounts; and (xxvi) cumulative Realized Losses for the distribution occurring on the Distribution Date immediately following Loan Groups through the end of the Funding preceding month; (a) the number of Mortgage Loans in each Loan Group that have been modified during the related Due Period and the percentage (by Scheduled Principal Balance) of Mortgage Loans modified in each Loan Group during the related Due Period, (b) the balance type of modification with respect to any Mortgage Loans modified during the 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 deposit the Mortgage Loans in each Loan Group during the prior twelve months, (j) the percentage of Mortgage Loans in each Loan Group I Pre-Funding Account and/or that have been modified that are Delinquent and (k) the Group II Pre-Funding Account Mortgage Rate of each Mortgage Loan that has not been used modified prior to purchase Subsequent Group I 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 and/or Subsequent Group II that are 60 days or more delinquent or are in bankruptcy or foreclosure or are REO Properties, and the denominator of which is the Scheduled Principal Balances of all of the 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 Securities Administrator will make such statement the Payment Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Securityholders and the Rating Agencies 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 “h"▇▇▇.▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇▇▇▇”. " 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee Securities Administrator shall have the right to change the way such statements reports are distributed in order to make such distribution more convenient and/or more accessible to the above parties parties, and the Trustee Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulatorschange. 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 Off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee Securities Administrator shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular CertificateNoteholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and (ii) 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 NIMS Insurer and Master Servicer by the Residual Certificateholders a copy of Servicer, available to those who are permitted to access the reports forwarded website, including the Rating Agencies. The file shall contain the fields referenced in Exhibit L. If the Servicer is no longer going to make that information available to the Regular Certificateholders in respect of such Distribution Date with such other information Master Servicer, Rating Agencies should be notified and be informed 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 how this data will be made available to the NIMS Insurer, upon request, and each Person who at any time during Rating Agencies in the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in forcefuture.

Appears in 1 contract

Sources: Sale and Servicing Agreement (PHH Mortgage Trust, Series 2008-Cim2)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Swap Provider and the NIMS Insurer, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, Certificates allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Period; (vi) the aggregate Principal Balance amount of interest and scheduled principal received or advanced by the Mortgage Loans and any REO Properties as of Master Servicer with respect to the end of the relted related Due Period; (vii) with respect to each Loan Group, the aggregate Principal Balance related group balance at the Close of any 2nd lien Mortgage LoansBusiness at the end of the related Due Period; (viii) the number, aggregate Stated Principal Balanceprincipal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDate; (ix) the number and aggregate unpaid Stated Principal Balance 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; (x) the total number and cumulative Stated Principal Balance 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 calendar month preceding the related Distribution DatePrepayment Period; (xixii) the aggregate amount of Principal Prepayments in full, the aggregate amount of Principal Prepayments in part and Net Liquidation Proceeds made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized 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 DateLosses; (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 each Class of Class A Certificates, each class of Mezzanine Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, 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 each Class of 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 3.243.26; (xviii) the Credit Enhancement Percentage for such Distribution Date; (xix) the Net WAC Rate Carryover Amount for each Class 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; (xixxx) whether the amount of any Net Swap Payments or Swap Termination Payments (a) due from the Trust and (b) due from the Swap Provider; (xxi) when the Stepdown Date or a Trigger Event has occurred and the Realized Loss Percentage for such Distribution Dateis in effect; (xxxxii) 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)Available Funds; (xxixxiii) 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; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage AccountsAccount; (xxv) [reserved]; (xxvi) the amount on deposit Net WAC Rate Carryover Reserve Account; and (xxvixxvii) for 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 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[reserved]. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Insurer and the Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “h▇▇▇▇://▇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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s 's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date distribution date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) and through (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and through (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Trustee shall make available forward to the NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, Insurer and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Option One Mortgage Loan Trust 2005-4, Asset-Backed Certificates, Series 2005-4)

Statements. (a) 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 and the Rating Agencies, a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount 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 Pool Balance at the Close of the Mortgage Loans and any REO Properties as of Business at the end of the relted related Due Period; (vii) the 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 related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDate; (ixviii) 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; (xix) 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; (xix) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiiixi) 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; (xivxii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiii) the Certificate Principal Balance of each Class of Class A Certificates, Mezzanine Floating Rate Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, distributions made on such Distribution Date; (xvixiv) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine the 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 Class A Certificates, Mezzanine Certificates and the Class C Floating Rate Certificates for such Distribution Date; (xviixv) 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; (xviiixvi) the Credit Enhancement Percentage for such Distribution Date; (xvii) the Net WAC Rate Carryover Amount for each Class of Class A Certificates and Mezzanine the Floating Rate Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xixxviii) whether the Stepdown Date or a Trigger Event has occurred occurred, the Delinquency Percentage for such Distribution Date and the Realized Loss Percentage for such Distribution Date; (xxxix) 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)thereof; (xxixx) the respective Pass-Through Rates applicable to each Class of Class A Certificates, Mezzanine the Floating Rate Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Class A Certificates and Mezzanine the Floating Rate Certificates for the immediately succeeding Distribution Date; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiiixxi) the amount of any Net Swap Payments or Swap Termination Payments;; and (xxivxxii) the applicable Record DatesDate, Accrual Periods Period and Determination Dates any other applicable determination dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvi) for 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 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 will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Certificateholders and the 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) 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, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and (ii) 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 NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Soundview Home Loan Trust 2006-A)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the ServicerServicer pursuant to Sections 3.19 and 4.04, 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 distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Period; (vi) the aggregate Principal Pool Balance at the Close of the Mortgage Loans and any REO Properties as of Business at the end of the relted related Due Period; (vii) the 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 related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding Period; (ixviii) 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) [Reserved]; (x) 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 DatePrepayment Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and Period, the cumulative amount of Realized Losses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date; (xivxiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiv) the Certificate Principal Balance of each Class of the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, distributions made on such Distribution Date; (xvixv) the Monthly Interest Distributable Amount in respect of 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 Unpaid Interest Shortfall Amount, if any, with respect to each Class of the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates for such Distribution Date; (xviixvi) the aggregate amount of any Net Prepayment Interest Shortfalls for such Distribution Date, to ; (xvii) the extent not covered by payments by the Servicer pursuant to Section 3.24Credit Enhancement Percentage for such Distribution Date; (xviii) the Net WAC Rate Carryover Amount for each Class of the Class A Certificates, the Mezzanine Certificates and Mezzanine the Class B Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether 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 and the Realized Loss Percentage for such Distribution Date; (xx) 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)occurred; (xxi) the 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; (xxiixxiii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvixxv) for the distribution occurring on the Distribution Date immediately following the end of the Funding Period, the balance on deposit in each of the Group I Pre-Funding Account and/or the Group II Pre-Funding Account Accounts that has have 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 will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Certificateholders and the Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “h"▇▇▇▇://▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇▇▇▇”/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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s 's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) and through (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and (ii) 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 NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Meritage Mortgage Loan Trust 2005-1 Asset-Backed Certificates, Series 2005-1)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the ServicerServicer pursuant to Section 4.04(a), 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 distributions made on such Distribution DateDate which shall include the following information: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount (if any) and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount (if any) for the Mortgage Pool for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paid;enable Certificateholders to prepare their tax returns; 103 (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Period; (vi) the aggregate Principal Pool Balance at the Close of the Mortgage Loans and any REO Properties as of Business at the end of the relted related Due Period; (vii) the 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 related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDate; (ixviii) 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) [Reserved]; (x) 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 DatePrepayment Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) 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; (xivxiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiv) the Certificate Principal Balance of each Class of the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, distributions made on such Distribution Date; (xvixv) the Monthly Interest Distributable Amount in respect of 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 Unpaid Interest Shortfall Amount, if any, with respect to each Class of the Class A Certificates, the Mezzanine Certificates, the Class B Certificates and the Class C Certificates for such Distribution Date; (xviixvi) 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 3.243.26; 104 (xvii) the Credit 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 Mezzanine the Class B Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether 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 and the Realized Loss Percentage for such Distribution Date; (xx) 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)occurred; (xxi) the 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 and each Class of Mezzanine Certificates for the immediately succeeding Distribution Date;; and (xxiixxiii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvi) for 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 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 DateContracts. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Certificateholders and the Rating Agencies via the Trustee’s internet website. The Trustee’s 's internet website shall initially to 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s 's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) and through (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year 105 was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and through (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Trustee shall make available to the NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2004-Ff2)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the ServicerServicer pursuant to Section 4.04(a), 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 distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Period; (vi) the aggregate Principal Pool Balance at the Close of the Mortgage Loans and any REO Properties as of Business at the end of the relted related Due Period; (vii) the aggregate Principal Balance of any 2nd lien Mortgage Loans; (viii) the number, aggregate Stated Principal Balanceprincipal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDate; (ixviii) the number and aggregate unpaid Stated Principal Balance 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 ; (ix) the aggregate principal balance of any draws under the Mortgage Loans that were liquidated Pool Insurance Policy during the related Prepayment Period, and the net proceeds resulting therefromremaining coverage under the Mortgage Pool Insurance Policy following such draws; (x) the total number and cumulative Stated Principal Balance principal balance of all REO Properties as of the Close of Business of the last day of the calendar month preceding the related Distribution DatePrepayment Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) 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 DateLosses; (xivxiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiv) the Certificate Principal Balance of each Class of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, distributions made on such Distribution Date; (xvixv) 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 each Class of the Class A Certificates, Mezzanine the Class S Certificates and the Class C Mezzanine Certificates for such Distribution Date; (xviixvi) 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 3.243.26; (xvii) the Credit Enhancement Percentage for such Distribution Date; 102 (xviii) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the distribution of principal on such Distribution Date; (xix) when the Stepdown Date or a Trigger Event has occurred; (xx) the Available Funds; (xxi) 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; (xxii) 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;; and (xix) whether the Stepdown Date or a Trigger Event has occurred and the Realized Loss Percentage for such Distribution Date; (xx) 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); (xxi) the respective Pass-Through Rates applicable to each Class of Class A Certificates, 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 Mezzanine Certificates for the immediately succeeding Distribution Date; (xxiixxiii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvi) for 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 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 will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Certificateholders and the Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “h"www.ctslink.com". Assist▇▇▇▇ ▇▇ ▇▇▇▇://▇▇.▇▇▇.▇▇.▇▇▇/▇▇▇▇”. Assistance in using the he website can be obtained by calling the Trustee’s 's customer service desk at (301) 815-6600. Parties ▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable ▇e 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s 's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) and through (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and through (iiiii) above, aggregated for such calendar year or 103 applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Trustee shall make available to the NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2003-FFC)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS Insurer, the Servicer Servicer, the Swap Provider and the Rating Agencies, a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage 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 relted Due Period; (vii) the 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 related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDate; (ixviii) 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 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; (xix) 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; (xix) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xiixi) the Delinquency Percentage and the Realized Loss Percentage; (xiiixii) 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; (xivxiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiv) 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; (xvixv) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine Certificates and the Class 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 C Certificates for such Distribution Date; (xviixvi) 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; (xviiixvii) 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 remaining unpaid after reimbursements therefor on such Distribution Date; (xixxviii) whether the Stepdown Date or a Trigger Event has occurred and the Realized Loss Percentage for such Distribution Dateoccurred; (xxxix) 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)thereof; (xxixx) the respective Pass-Through Rates applicable to each Class of Class A Certificates, 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 Mezzanine Certificates for the immediately succeeding Distribution Date; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiiixxi) the amount of any Net Swap Payments or Swap Termination Payments;; and (xxivxxii) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvi) for 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 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 will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager and the Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “h▇▇▇▇://▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇▇▇▇/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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) 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 and reported based on the “OTS” methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be Delinquent with respect to a Monthly Payment due on a Due Date if such Monthly Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Monthly Payment if such Monthly Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that this delinquency recognition policy is not less restrictive than any delinquency recognition policy established by the primary safety and soundness regulator, if any, of the Servicer. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and (ii) 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 NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force. (e) On each Distribution Date, the Trustee shall supply an electronic tape to Bloomberg Financial Markets, Inc. in a format acceptable to Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to Loan Performance and Intex Solutions in a format acceptable to Loan Performance and Intex Solutions on a monthly basis.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Soundview Home Loan Trust 2006-Opt4)

Statements. (a) On each Distribution Date, based, as applicable, 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 and the Rating Agencies, a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Period; (vi) the aggregate Principal Pool Balance at the Close of the Mortgage Loans and any REO Properties as of Business at the end of the relted related Due Period; (vii) the 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 related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDate; (ixviii) 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) [reserved]; (x) 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 DatePrepayment Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) 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; (xivxiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiv) the Certificate Principal Balance of each Class of Class A Certificates, Mezzanine Floating Rate Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, distributions made on such Distribution Date; (xvixv) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine 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 Class A Certificates, Mezzanine Floating Rate Certificates and the Class C Certificates for such Distribution Date; (xviixvi) 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 Senior Credit Enhancement Percentage and the Class A-6 Credit Enhancement Percentage for such Distribution Date; (xviii) the Net WAC Rate Carryover Amount for each Class of Class A Certificates and Mezzanine Floating Rate Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether 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 and the Realized Loss Percentage for such Distribution Date; (xx) 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)occurred; (xxi) the Available Funds; (xxii) the respective Pass-Through Rates applicable to each Class of Class A Certificates, Mezzanine Floating Rate Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Class A Certificates and Mezzanine Floating Rate Certificates for the immediately succeeding Distribution Date; (xxiixxiii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date[Reserved]; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and[Reserved]; (xxvi) for (A) the distribution occurring on amount of payments received related to claims under the Distribution 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 immediately following (and the end number of Mortgage Loans to which such payments related); (xxvii) (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 Funding Periodcumulative 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 balance on deposit in aggregate PMI Premium and 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 aggregate Credit Risk Manager Fee with respect to the related Class A Certificates as a mandatory distribution of principal, if any, on such Distribution DateDue Period. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager and the Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “h▇▇▇▇://▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇▇▇▇/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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) 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, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and (ii) 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 NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Soundview Home Loan Trust 2005-Opt2)

Statements. (a) On each Distribution Two Business Days prior to the Auction Payment Date, basedthe Securities Administrator shall make available to the Auction Administrator, as applicable, on information provided and concurrently with each payment to it by the ServicerNoteholders, the Trustee Securities Administrator shall prepare and make available to each Holder of the Regular CertificatesNoteholder, the NIMS InsurerSeller, the Servicer Initial Seller, the Master Servicer, the Indenture Trustee, the Yield Maintenance Counterparty and the Rating Agencies, a statement based, as applicable, on loan-level information provided to it by the Master Servicer and the Servicers (the “Payment Date Statement”) as to the distributions payments to be made or made, as applicable, on such Distribution Payment Date. Information in the Payment Date Statement relating to or based on amounts to be received under the Yield Maintenance Agreements shall be based on information provided by the Yield Maintenance Counterparty regarding any Yield Maintenance Amounts required to be paid by the Yield Maintenance Counterparty for the related Payment Date pursuant to the Yield Maintenance Agreements. The Payment Date Statement shall include the following: (i) the amount of the distribution payment made on such Distribution Payment Date to the Holders of each Class of Regular Certificates, separately identified, Notes allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amountsprincipal; (ii) the amount of the distribution payment made on such Distribution Payment Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) Notes allocable to interest, separately identified; (iii) the Net Monthly Excess CashflowSenior Percentage, the Overcollateralized AmountSenior Prepayment Percentage, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Subordinate Percentage and the Credit Enhancement Subordinate Prepayment Percentage as of such Distribution Date and the Excess Overcollateralized Amount with respect to each Mortgage Loan Group for the Mortgage Pool for such Distribution following Payment 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 and the amount of unreimbursed Advances; (including v) each Mortgage Loan Group Balance and related Available Funds Cap for each Mortgage Loan Group at the general purpose Close of such Advances)Business at the end of the related Due Period; (vi) the aggregate Principal Balance of the 1-Year CMT Indexed Mortgage Loans and any REO Properties as at the Close of Business at the end of the relted related Due Period; (vii) the aggregate Principal Balance of any 2nd lien the 6-Month LIBOR Indexed, 1-Month LIBOR Indexed and 1-Year LIBOR Indexed Mortgage LoansLoans at the Close of Business at the end of the related Due Period; (viii) the amount of the Master Servicer Fees paid to or retained by the Master Servicer; (ix) the aggregate amount of Servicer Fees paid to or retained by the Servicers; (x) 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; (xi) for each Mortgage Loan Group, the number, aggregate Stated Principal Balance, weighted average remaining term to maturity maturity, weighted average life and weighted average Mortgage Rate of the related Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDue Date; (ixxii) the number and aggregate unpaid Stated Principal Balance principal balance of Mortgage Loans that were Loans, in the aggregate and for each Mortgage Loan Group, using the “MBA” method (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays Delinquent, (2b) 60 to 89 days and Delinquent, (3c) 90 or more daysdays Delinquent, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more daysbankruptcy, in each case as of the Close close of Business business on the last day of the preceding calendar month preceding such Distribution Date and (D) REO Properties, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefrommonth; (xxiii) the rolling six-month delinquency rate for that Payment Date; (xiv) the total number and cumulative Stated Principal Balance principal balance of all REO Properties in each Mortgage Loan Group as of the Close of Business of the last day of the calendar month preceding the related Distribution DateDue Period; (xixv) the aggregate amount of Principal Prepayments and Prepayment Penalty Amounts with respect to each Mortgage Loan Group made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiiixvi) the aggregate amount of Realized Losses for each Mortgage Loan Group and Subsequent Recoveries incurred during the related Prepayment Due Period and the cumulative amount of Realized Losses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount as of Subsequent Recoveries received since the Closing Date; (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 each Class of Class A Certificates, Mezzanine Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, made on such Distribution Date; (xvi) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine Certificates and the Class 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 C Certificates for such Distribution Payment Date; (xvii) the aggregate cumulative amount of any Prepayment Interest Shortfalls Realized Losses for such Distribution Date, to the extent not covered by payments by the Servicer pursuant to Section 3.24each Mortgage Loan Group; (xviii) the Net WAC Rate Carryover Amount for each Class of Class A Certificates Realized Losses and Mezzanine CertificatesSubsequent Recoveries, if any, for such Distribution Date and allocated to each Class of Notes on the amount remaining unpaid after reimbursements therefor on such Distribution related Payment Date; (xix) whether the Stepdown Date or a Trigger Event has occurred and the Realized Loss Percentage for Class Principal Amount of each Class of Notes after giving effect to any distributions made thereon, on such Distribution Payment Date; (xx) the total cashflows received Current Interest in respect of each Class of Notes, for such Payment Date and the general sources thereof (including amounts received from respective portions thereof, if any, remaining unpaid following 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)payments made in respect of such Notes on such Payment Date; (xxi) the respective Pass-Through Rates applicable Available Funds with respect to each Class of Class A Certificates, 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 Mezzanine Certificates for the immediately succeeding Distribution DateMortgage Loan Group; (xxii) payments, if any, made under the Note Interest Rate Cap Contract and the amount distributed to for each Class of Certificates from payments made under Notes for such Payment Date and the level of One-Month LIBOR or One-Year LIBOR, as applicable, used to determine the applicable Interest Rate Cap ContractRate; (xxiii) the amount aggregate Principal Balance of any Net Swap Payments Mortgage Loans purchased hereunder by the Initial Seller, the Seller or Swap Termination PaymentsTMI during the related Due Period, and indicating the Section of this Agreement requiring or allowing the purchase of each such Mortgage Loan; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions 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 Distribution 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; (xxvxxvi) on the 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; (xxvii) the amount total number of Mortgage Loans in the aggregate and the aggregate Scheduled Principal Balance in the aggregate and separately for the Group 1 Mortgage Loans (also separately stating such information for the Three-Year Hybrid Mortgage Loans and the Five-Year Hybrid Mortgage Loans), the Group 2 Mortgage Loans and the Group 3 Mortgage Loans, in each case at the close of business at the end of the related Due Period; and (xxviii) the amount, if any, remaining on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvi) for 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 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 DateReserve Fund. The Trustee Securities Administrator will make such statement the Payment Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Securityholders and the Rating Agencies other parties to this Agreement via the TrusteeSecurities Administrator’s internet website. The TrusteeSecurities Administrator’s internet website shall initially be located at “hw▇▇.▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇▇▇▇”. 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee Securities Administrator shall have the right to change the way such statements reports are distributed in order to make such distribution more convenient and/or more accessible to the above parties parties, and the Trustee Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulatorschange. 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 Off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee Securities Administrator shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular CertificateNoteholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and (ii) 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 NIMS Insurer and the Residual Certificateholders Bloomberg Financial Markets, Inc. in a copy of the reports forwarded format acceptable to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within Bloomberg Financial Markets, Inc. on a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon requestmonthly basis, and each Person who at any time during the calendar year was shall supply an electronic tape to Loan Performance and Intex Solutions in a Residual Certificateholder, if requested in writing by such Person, such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in forcemonthly basis.

Appears in 1 contract

Sources: Sale and Servicing Agreement (Thornburg Mortgage Securities Trust 2007-2)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS Insurer, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, Certificates allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Period; (vi) with respect to each Loan Group, the aggregate Principal Balance related group balance at the Close of the Mortgage Loans and any REO Properties as of Business at the end of the relted related Due Period; (vii) the aggregate Principal Balance of any 2nd lien Mortgage Loans; (viii) the number, aggregate Stated Principal Balanceprincipal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance principal balance of all Subsequent Mortgage Loans added during the Funding preceding Prepayment Period; (ixviii) the number and aggregate unpaid Stated Principal Balance 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) [reserved]; (x) the total number and cumulative Stated Principal Balance principal balance of all REO Properties as of the Close of Business of the last day of the calendar month preceding the related Distribution DatePrepayment Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) 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 DateLosses; (xivxiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiv) the Certificate Principal Balance of each Class of Class A Certificates, each class of Mezzanine Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, distributions made on such Distribution Date; (xvixv) the Monthly Interest Distributable Amount in respect of each Class 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 each Class of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date; (xviixvi) 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 3.243.26; (xvii) the Credit Enhancement Percentage for such Distribution Date; (xviii) the Net WAC Rate Carryover Amount for each Class 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; (xix) whether 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 and the Realized Loss Percentage for such Distribution Date; (xx) 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)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; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiiiA) the amount of any Net Swap Payments or Swap Termination Paymentspayments 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); (xxivA) the applicable Record Dates, Accrual Periods dollar amount of claims made under the PMI Policy that were denied during the Prepayment Period (and Determination Dates for calculating distributions for the number of Mortgage Loans to which such Distribution Datedenials related) and (B) the dollar amount of the cumulative claims made under the PMI Policy that were denied since the Closing Date (and the number of Mortgage Loans to which such denials related); (xxv) the amount on deposit in the Pre-Funding Accounts, the Interest Coverage Accounts and the Interest Coverage AccountsNet WAC Rate Carryover Reserve Account; and (xxvi) for 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 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 will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Insurer and the 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 (▇▇▇301) ▇▇▇815-▇▇▇▇6600. 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s 's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date distribution date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) and through (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and through (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Trustee shall make available forward to the NIMS Insurer and the Residual Class R Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, Insurer and each Person who at any time during the calendar year was a Residual 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 Residual Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Option One Mortgage Accep Corp Asset Back Certs Ser 2003 5)

Statements. (a) On each Distribution Date, the Trustee shall make available to each Certificateholder, the Seller, and the Rating Agency, a statement based, as applicable, on loan-level information provided to it by the Servicer, the Trustee shall prepare obtained from and make available to each Holder of the Regular Certificates, the NIMS Insurer, the Servicer and (the Rating Agencies, a statement “Distribution Date Statement”) as to the distributions to be made or made, as applicable, on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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 Amountsprincipal; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess CashflowSenior Percentage, the Overcollateralized AmountSenior Prepayment Percentage, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Subordinate Percentage and the Credit Enhancement Subordinate Prepayment Percentage as of such Distribution Date and the Excess Overcollateralized Amount with respect to each Loan Group for the Mortgage Pool for such following Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Servicer during the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including and the general purpose amount of such unreimbursed Advances); (vi) [reserved]; (vii) the 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 and any REO Properties as at the Close of Business at the end of the relted related Due Period; (viiix) for each Loan Group, the aggregate Principal Balance of any 2nd lien the One-Month LIBOR Indexed Mortgage LoansLoans at the Close of Business at the end of the related Due Period; (viiix) 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, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Loan Rate of the related Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDue Date; (ixxii) the number and aggregate unpaid Stated Principal Balance principal balance of Mortgage Loans that were Loans, in the aggregate and for each Loan Group, (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays Delinquent, (2b) 60 to 89 days and Delinquent, (3c) 90 or more daysdays Delinquent, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more daysbankruptcy, in each case as of the Close close of Business business on the last day of the preceding calendar month preceding such Distribution Date and (D) REO Properties, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefrommonth; (x) 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; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized 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; (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 each Class of Class A Certificates, Mezzanine Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, made on such Distribution Date; (xvi) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine Certificates and the Class 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 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 Servicer 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 remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether the Stepdown Date or a Trigger Event has occurred and the Realized Loss Percentage for such Distribution Date; (xx) 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); (xxi) the respective Pass-Through Rates applicable to each Class of Class A Certificates, 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 Mezzanine Certificates for the immediately succeeding Distribution Date; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvi) for 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 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 will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager and the 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) 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, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and (ii) 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 NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2004-9)

Statements. (a) 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 InsurerServicer, the Servicer Certificate Insurer and the Rating Agencies, a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Period; (vi) the aggregate Principal Pool Balance at the Close of the Mortgage Loans and any REO Properties as of Business at the end of the relted related Due Period; (vii) the aggregate Principal Balance of any 2nd lien Mortgage Loans; (viii) the number, aggregate Stated Principal Balanceprincipal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDate; (ixviii) the number and aggregate unpaid Stated Principal Balance 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) [reserved]; (x) the total number and cumulative Stated Principal Balance principal balance of all REO Properties as of the Close of Business of the last day of the calendar month preceding the related Distribution DatePrepayment Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) 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 DateLosses; (xivxiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiv) the Certificate Principal Balance of each Class of the Class A Certificates, the Mezzanine Certificates and the Class C Certificates and the Notional Amount of the Class S Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, distributions made on such Distribution Date, separately identifying any reduction thereof due to the receipt of an Insured Principal Payment (in the case of the Class A Certificates); (xvixv) 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 each Class of the Class A Certificates, the Class S Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date; (xviixvi) 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 3.243.26; (xvii) the Credit Enhancement Percentage for such Distribution Date; (xviii) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to the Net WAC Rate Carryover Amount for each Class distribution of Class A Certificates and Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor principal on such Distribution Date; (xix) whether when the Stepdown Date or a Trigger Event has occurred and the Realized Loss Percentage for such Distribution Dateoccurred; (xx) 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)Available Funds; (xxi) 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-Pass- Through Rate applicable to each Class of Class A Certificates and each Class of Mezzanine Certificates for the immediately succeeding Distribution Date; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions Insured Amount for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts , separately identifying any Insured Interest Payment and the Interest Coverage Accountsany Insured Principal Payment; and (xxvi) for 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 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 will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager and the 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) 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, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and (ii) 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 NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Financial Assets Sec Corp First Franklin Mort Ln Tr 2002 Ffa)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the Master Servicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Guarantor, the NIMS Insurer, the Master Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S Certificates), separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Master Servicer Prepayment Charge Payment Amounts; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identifiedidentified and the calculation thereof; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and Amount, the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Master Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for each Loan Group for the related Due Period (including the general purpose of such Advances)Period; (vi) the aggregate Principal Balance of the Mortgage Loans and any REO Properties as in each Loan Group (after giving effect to the principal portion of Monthly Payments due during the end of the relted related Due Period, to the extent received or advanced, and unscheduled collections of principal received during the related Prepayment Period); (vii) the 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 related Determination Date and with respect to each Loan Group, (A) the number of Mortgage Loans, (B) the aggregate principal balance of the Mortgage Loans, (C) the weighted average remaining term to maturity of the Mortgage Loans and (D) the weighted average Mortgage Rate as of the first day of the most recently ended Due Period of the Mortgage Loans and the number and aggregate Stated Principal Balance principal balance of all Subsequent Mortgage Loans added during the Funding preceding Prepayment Period; (ixviii) the number and aggregate unpaid Stated Principal Balance 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, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefrom; (ix) [reserved]; (x) the total number and cumulative Stated Principal Balance principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the calendar month preceding the related Distribution DatePrepayment Period; (xi) the aggregate amount of Principal Prepayments for each Loan Group made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) the aggregate amount of Realized Losses for each Loan Group incurred during the related Prepayment Period and Period, the cumulative amount of Realized Losses for each Loan Group and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing DateThree-Month Rolling Delinquency Percentage; (xivxiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiv) the Certificate Principal Balance of each Class 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, before and after giving effect to the distributions, and allocations of Realized Losses, distributions made on such Distribution Date; (xvixv) the Monthly Interest Distributable Amount in respect of each Class 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 each Class of the Class A Certificates, the Class S Certificates, each Class of Mezzanine Certificates and the Class C Certificates for such Distribution Date; (xviixvi) 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 3.243.26; (xvii) the Credit Enhancement Percentage for such Distribution Date; (xviii) the Net WAC Rate Carryover Amount for each Class class of Class A Certificates, the Class S 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; (xix) whether the Overcollateralization Target Amount, Overcollateralized Amount and any 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 and the Realized Loss Percentage for such Distribution Date; (xx) 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)occurred; (xxi) the 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; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding 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 Accounts; andAccount and the Net WAC Rate Carryover Reserve Account; (xxvixxiv) for 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 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. ; (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 (xxvii) the Maximum Cap Rate for such Distribution Date; The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS InsurerGuarantor, the Credit Risk Manager NIMS Insurer and the 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 (▇▇▇301) ▇▇▇815-▇▇▇▇6600. 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s 's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date 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 thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) and through (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the Guarantor, the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and through (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Trustee shall make available forward to the NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, Insurer and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force. (e) By not later than September 15, 2002, the Trustee is required to (i) confirm, 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 to make hereunder and (ii) notify the Guarantor that the information referred to in clause (i) above is consistent with the model developed by the Trustee.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Option One Mortgage Loan Tr Asset Backed Cert Ser 2002-5)

Statements. (a) 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 and the Rating Agencies, a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Period; (vi) the aggregate Principal Pool Balance at the Close of the Mortgage Loans and any REO Properties as of Business at the end of the relted related Due Period; (vii) the 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 related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDate; (ixviii) 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) [reserved]; (x) 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 Prepayment Period and the related Distribution Datenumber and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) 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; (xivxiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiv) the Certificate Principal Balance of each Class of Class A Certificates, Mezzanine Floating Rate Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, distributions made on such Distribution Date; (xvixv) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine 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 Class A Certificates, Mezzanine Floating Rate Certificates and the Class C Certificates for such Distribution Date; (xviixvi) 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 Credit Enhancement Percentage for such Distribution Date; (xviii) the Net WAC Rate Carryover Amount for each Class of Class A Certificates and Mezzanine Floating Rate Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether 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 and the Realized Loss Percentage for such Distribution Date; (xx) 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)occurred; (xxi) the Available Funds; (xxii) the respective Pass-Through Rates applicable to each Class of Class A Certificates, Mezzanine Floating Rate Certificates and the Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Class A Certificates and Mezzanine Floating Rate Certificates for the immediately succeeding Distribution Date; (xxiixxiii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvixxv) for 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 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; (xxvi) (A) the amount of payments received related to claims under the PMI Policy during the related Prepayment Period (and the number of Mortgage Loans to which such payments related) and (B) the cumulative amount of payments received related to claims under the PMI Policy since the Closing Date (and the number of Mortgage Loans to which such payments related); (A) the dollar amount of claims made under the PMI Policy that were denied during the Prepayment Period (and the number of Mortgage Loans to which such denials related) and (B) the dollar amount of the cumulative claims made under the PMI Policy that were denied since the Closing Date (and the number of Mortgage Loans to which such denials related); (xxviii) the aggregate amount of Custodian Fee received by the Custodian, the aggregate PMI Premium and the aggregate Credit Risk Manager Fee with respect to the related Due Period. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Certificateholders and the 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s 's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) 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, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and (ii) 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 NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Soundview Home Loan Trust 2005-Opt1)

Statements. (a) On each Distribution Date, based, as applicable, on the Mortgage Loan information provided to it by contained in the ServicerRemittance Report, the Trustee shall prepare and make available to on its website at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇ for access by each Holder of the Regular Certificates, the NIMS Insurer, the Servicer and the Rating Agencies, a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular CertificatesCertificates allocable to principal or reduction of Notional Amount, separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges and Servicer Prepayment Charge Payment Amounts; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interestinterest or Class X Distributable Amount, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Overcollateralization 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 Amount as of such Distribution Date and the Monthly Excess Overcollateralized Interest Amount for the Mortgage Pool and Monthly Excess Cashflow Amount for such Distribution Date; (iv) the fees and expenses of the Trust Fund accrued and paid on such Distribution Date and to whom such fees and expenses were paid[reserved]; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Collection Period; (vi) the aggregate Principal Pool Balance at the close of the Mortgage Loans and any REO Properties as of business at the end of the relted Due Period; (vii) the 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 related Determination Date Collection Period and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding Period; (ixvii) the 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 Stated Principal Balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays past due on a contractual basis, (2b) 60 to 89 days and past due on a contractual basis, (3c) 90 or more daysdays past due on a contractual basis, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close close of Business business on the last day of the calendar month preceding such Distribution Date and Date; (Dix) with respect to any Mortgage Loan that became an REO PropertiesProperty during the preceding calendar month, as well as the aggregate loan number of such Mortgage Loan, the unpaid principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefromPrincipal Balance of such Mortgage Loan as of the date it became an REO Property; (x) the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative Stated Principal Balance principal balance of all REO Properties as of the Close close of Business business of the last day of the calendar month preceding the related Distribution DateCollection Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentageaggregate amount of Prepayment Charges collected (including amounts deposited in connection with the full or partial waiver of such Prepayment Charges pursuant to Section 3.01) during the related Collection Period and the amounts thereof allocable to the Class N Certificates and the Class X Certificates; (xiii) the aggregate amount of Realized Losses incurred during the related Prepayment Collection Period and the cumulative amount of Realized Losses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing DateLosses; (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 or Notional Amount, as applicable, 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 LossesLosses 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; (xvixv) the Monthly Accrued Certificate Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine Certificates and the Class C B Certificates for such Distribution Date, and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to each Class amount of Class A Certificates, Mezzanine Certificates and the Class C Certificates for such Distribution Dateany Net WAC Rate Carryover Amounts; (xviixvi) 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 3.243.23; (xvii) the amount of the Trustee Fee paid; (xviii) the Net WAC Rate Carryover Amount for each Class of Class A Certificates and Mezzanine Certificates, if any, for Amounts distributed on such Distribution Date and the amount amounts remaining unpaid after reimbursements therefor giving effect to distributions thereof on such Distribution Date; (xix) whether any Overcollateralization Deficiency after giving effect to the Stepdown Date or a Trigger Event has occurred and the Realized Loss Percentage for distribution of principal on such Distribution Date; (xx) the total cashflows received whether a Trigger Event has occurred and is continuing, and the general sources thereof (including amounts received from cumulative Realized Losses, as a percentage of 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)original Pool Balance; (xxi) the respective Pass-Through Rates applicable to each Class of Class A Certificates, 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 Mezzanine Certificates for the immediately succeeding Distribution DateAvailable Funds; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to rate at which interest accrues for each Class of Certificates from payments made under the Interest Rate Cap Contractfor such Distribution Date; (xxiii) the amount of any Net Swap Payments or Swap Termination PaymentsLiquidation Report for such Distribution Date; (xxiv) the applicable Record Dates, Accrual Periods aggregate Principal Balance of Mortgage Loans purchased by the Servicer or Seller during the related Collection Period and Determination Dates for calculating distributions for indicating the Section of this Agreement requiring or allowing the purchase of each such Distribution DateMortgage Loan; (xxv) the amount on deposit in the Pre-Funding Accounts Account and the Interest Coverage Accounts; andAccount; (xxvi) for the distribution distributions occurring on the Distribution Date immediately Dates in the month 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 (exclusive of any investment income therein) 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; and (xxvii) the aggregate Principal Balance of the Mortgage Loans repurchased by the Servicer (or an affiliate) during the related Collection Period in connection with Section 3.16. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager may fully rely upon and the 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting no liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any information with respect to the Mortgage Loan, delinquencies shall be determined by the Trustee from information Loans 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 regulatorsServicer. In the case of information furnished pursuant to subclauses (i) and through (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, shall furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i), (ii), (xv) and (iixx) 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 Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Residual Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust, Series 2005-Cb8, C-Bass Mortgage Loan Asset-Backed Certificates)

Statements. (a) On each Distribution Date, based, as applicable, on information provided to it by the ServicerServicer pursuant to Sections 3.19 and 4.04, 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 distributions made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates, 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; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Excess Overcollateralized Amount for the Mortgage Pool for such Distribution Date; (iv) the fees aggregate amount of servicing compensation received by the Servicer with respect to the related Due Period and expenses of such other customary information as the Trust Fund accrued and paid on such Distribution Date and Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to whom such fees and expenses were paidenable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Advances)Period; (vi) the aggregate Principal Pool Balance at the Close of the Mortgage Loans and any REO Properties as of Business at the end of the relted related Due Period; (vii) the aggregate Principal Balance of any 2nd lien Mortgage Loans; (viii) the number, aggregate Stated Principal Balanceprincipal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDate; (ixviii) the number and aggregate unpaid Stated Principal Balance 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 related Due Period and (D) REO Properties, as well as the aggregate principal balance of Mortgage Loans that were liquidated and the net proceeds resulting therefrom; (ix) [Reserved]; (x) the total number and cumulative Stated Principal Balance principal balance of all REO Properties as of the Close of Business of the last day of the calendar month preceding the related Distribution DateDue Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) the aggregate amount of Realized Losses incurred during the related Prepayment Due 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 DateLosses; (xivxiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiv) the Certificate Principal Balance of each Class of Class A the Senior Certificates, the Mezzanine Certificates and the Class C Certificates, before and after giving effect to the distributions, and allocations of Realized Losses, distributions made on such Distribution Date; (xvixv) the Monthly Interest Distributable Amount in respect of each Class of Class A Senior 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 each Class of Class A the Senior Certificates, the Mezzanine Certificates and the Class C Certificates for such Distribution Date; (xviixvi) 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 3.243.26; (xvii) the Credit Enhancement Percentage for such Distribution Date; (xviii) the Net WAC Rate Carryover Amount for each Class of Class A the Senior Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xix) whether 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 and the Realized Loss Percentage for such Distribution Date; (xx) 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)occurred; (xxi) the Available Funds; and (xxii) the respective Pass-Through Rates applicable to each Class of Class A Senior 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 Senior Certificates and each Class of Mezzanine Certificates for the immediately succeeding Distribution Date; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions for such Distribution Date; (xxv) the amount on deposit in the Pre-Funding Accounts and the Interest Coverage Accounts; and (xxvi) for 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 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 will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager Certificateholders and the Rating Agencies via the Trustee’s 's internet website. The Trustee’s 's internet website shall initially be located at “h"▇▇▇▇://▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇”/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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s 's internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Trustee from information provided by the Servicer and reported by the Trustee based on the OTS methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of business on the Mortgage Loan’s next succeeding Due Date, and a Mortgage Loan would be more than 30-days Delinquent with respect to such Scheduled Payment if such Scheduled Payment were not made by the close of business on the Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to the Depositor that it is not subject to any delinquency recognition policy established by its safety and soundness regulators. In the case of information furnished pursuant to subclauses (i) and through (iiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and through (iiiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Trustee shall make available to the NIMS Insurer and the Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Financial Asset Securities Corp Asset Back Cert Ser 2003-1)

Statements. (a) On each Distribution Date, based, as applicable, based on the Mortgage Loan information provided to it by contained in the ServicerRemittance Report, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the NIMS Insurer, the Servicer and the Rating Agenciespost on its website at www.ctslink.com, a statement (the "Distribution Date Statement") as to the distributions ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ns made on such Distribution Date: (i) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular CertificatesCertificates allocable to principal, separately identified, allocable to principal identified and the amount of the distribution made on such Distribution Date to the Holders of the Class P Certificates allocable to Prepayment Charges Charges, Originator Prepayment Charge Payment Amounts and Servicer Prepayment Charge Payment Amounts; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class P Certificates) allocable to interestinterest or Class CE Distributable Amount, separately identified; (iii) the Net Monthly Excess Cashflow, the Overcollateralized Overcollateralization Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Targeted Overcollateralization Target Amount, the Class M-1 Credit Enhancement Percentage and the Credit Enhancement Percentage Amount as of such Distribution Date and the Monthly Excess Overcollateralized Interest Amount for the Mortgage Pool and Monthly Excess Cashflow Amount for such Distribution Date; (iv) the fees and expenses aggregate amount of servicing compensation received by the Trust Fund accrued and paid on such Distribution Date and to whom such fees and expenses were paidMaster Servicer during the related Collection Period; (v) the aggregate amount of Advances for the related Due Period (including the general purpose of such Collection Period, cumulative unreimbursed Advances and Servicing Advances and cumulative Nonrecoverable Advances); (vi) the aggregate Principal Balance Pool Balance, at the close of the Mortgage Loans and any REO Properties as of business at the end of the relted Due related Collection Period; (vii) the 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 Interest Rate of the Mortgage Loans as of the related Determination Date and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding PeriodDue Date; (ixviii) the number and aggregate unpaid Stated Principal Balance principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1a) 30 to 59 daysdays past due on a contractual basis, (2b) 60 to 89 days and past due on a contractual basis, (3c) 90 or more daysdays past due on a contractual basis, (Bd) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (Ce) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the Close close of Business business on the last day of the calendar month preceding such Distribution Date and Date; (Dix) with respect to any Mortgage Loan that became an REO PropertiesProperty during the preceding calendar month, the loan number of such Mortgage Loan, the unpaid Principal Balance of the REO Property as well as of the aggregate principal balance close of Mortgage Loans that were liquidated business on the last Business Day of such calendar month and the net proceeds resulting therefromPrincipal Balance of such Mortgage Loan as of the date it became an REO Property; (x) the book value of any REO Property as of the close of business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative Stated Principal Balance principal balance of all REO Properties as of the Close close of Business business of the last day of the calendar month preceding the related Distribution DateCollection Period; (xi) separately stated for each Loan Group, the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the Delinquency Percentage; (xiii) separately stated for each Loan Group, the aggregate amount of Realized Losses incurred during the related Prepayment Collection Period and the cumulative amount of Realized Losses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing DateLosses; (xiv) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for such Distribution Date; (xvxiii) 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 LossesLosses or Applied Realized Loss Amounts, as applicable, made on such Distribution Date, separately identifying any reduction thereof due to allocations of Realized Losses or Applied Realized Loss Amounts; (xiv) the Accrued Certificate Interest in respect of each Class of Certificates for such Distribution Date and any related Cap Carryover Amounts, and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date; (xvi) the Monthly Interest Distributable Amount in respect of each Class of Class A Certificates, Mezzanine Certificates and the Class 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 C Certificates for such Distribution Date; (xviixv) 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 3.243.23; (xviiixvi) the Net WAC Rate amount of the Trustee Fee paid; (xvii) the Cap Carryover Amount for each Class of Class A Certificates and Mezzanine CertificatesAmounts distributed on such Distribution Date, if any, for the amounts remaining after giving effect to distributions thereof on such Distribution Date and the amount remaining unpaid of all Cap Carryover Amounts covered by withdrawals from the Class A-2 Reserve Account and Class M Reserve Account on such Distribution Date; (xviii) any Overcollateralization Deficiency after reimbursements therefor giving effect to the distribution of principal on such Distribution Date; (xix) whether the Stepdown Date or a Trigger Event has occurred and is continuing, and the cumulative Realized Loss Percentage Losses, as a percentage of the original Pool Balance; (xx) the Available Funds; (xxi) the rate at which interest accrues for each Class of Certificates for such Distribution Date; (xxxxii) the total cashflows received and information contained in the general sources thereof (including amounts received from the Supplemental Interest Trust Trustee under the Interest Rate Swap Agreement, from the Cap Trustee under the Interest Rate Cap Agreement and under the Basis Risk Cap Agreement); (xxi) the respective Pass-Through Rates applicable to each Class of Class A Certificates, 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 Mezzanine Certificates for the immediately succeeding Distribution Date; (xxii) payments, if any, made under the Interest Rate Cap Contract and the amount distributed to each Class of Certificates from payments made under the Interest Rate Cap Contract; (xxiii) the amount of any Net Swap Payments or Swap Termination Payments; (xxiv) the applicable Record Dates, Accrual Periods and Determination Dates for calculating distributions Liquidation Report for such Distribution Date; (xxiii) the aggregate Principal Balance of Mortgage Loans purchased by the Master Servicer, the Originator or the Seller during the related Prepayment Period and indicating the section of this Agreement requiring or allowing the purchase of each such Mortgage Loan; (xxiv) the aggregate Principal Balance of the Mortgage Loans repurchased by the Master Servicer during the related Prepayment Period in connection with Section 3.16; (xxv) the amount of the Credit Risk Manager Fee paid; (xxvi) the Mortgage Loan identifying number of each Mortgage Loan with a Prepayment Charge that was the subject of a Principal Prepayment in full during the related Collection Period, the Prepayment Charge listed on deposit in the Pre-Funding Accounts each related Mortgage Note and the Interest Coverage AccountsPrepayment Charge collected, the Servicer Prepayment Charge Payment Amount paid by the Master Servicer or the Originator Prepayment Charge Payment Amount paid by the Originator with respect to each such Mortgage Loan; (xxvii) the amount of any claims made, and any claims rejected, under the Mortgage Insurance Policy during the related Collection Period and the amount of any claims previously paid that are reimbursed to the Insurer (net of the aggregate amount of Premium paid to the Insurer hereunder) pursuant to Section 3.01; and (xxvixxviii) for the distribution occurring on the Distribution Date immediately following the end amount 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 Recoveries received during the related Class A Certificates as a mandatory distribution of principal, if any, on such Distribution DatePrepayment Period. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the NIMS Insurer, the Credit Risk Manager may fully rely upon and the 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access to the Trustee’s internet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting no liability on the part of any other party thereto). For all purposes of this Agreement, with respect to any information with respect to the Mortgage Loan, delinquencies shall be determined by the Trustee from information Loans 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 regulatorsMaster Servicer. In the case of information furnished pursuant to subclauses (i), (ii) and (iixiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, shall furnish to the NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i), (ii), (xiv) and (iixvii) 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 Residual Certificateholders Class R Certificateholder a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to the NIMS Insurer, upon request, and each Person who at any time during the calendar year was a 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 Residual Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders Class R Certificateholder by the Trustee pursuant to any requirements of the Code as from time to time in force.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Asset-Backed Funding Corp. ABFC Asset Backed Certificates, Series 2004-Opt4)