Common use of Statements Clause in Contracts

Statements. Not later than 12:00 noon California time on the fourth Business Day following the last day of a Due Period, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination Date, the Trustee shall deliver to the Servicer, the Depositor and to the Certificate Insurer, by telecopy, with a hard copy thereof to be delivered on the succeeding Distribution Date, a statement (the “Trustee’s Remittance Report”) containing the information set forth below (to the extent any such information to be delivered by the Servicer pursuant to the first sentence of this Section 5.01(a) has been so delivered) with respect to such Distribution Date: (i) The Group 1 and Group 2 Available Funds and each Certificate Rate for the related Distribution Date; (ii) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report pursuant to subclause (xii) below, or, in the case of the first Determination Date, the Original Class Certificate Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of the Mortgage Loans in each Group; (iii) The number and Principal Balances of all Mortgage Loans and of the Mortgage Loans in each Group, that were the subject of Principal Prepayments during the Due Period; (iv) The amount of all Curtailments in each Group that were received during the Due Period; (v) The principal portion of all Monthly Payments for each Group received during the Due Period; (vi) The amount of interest received on the Mortgage Loans in each Group; (vii) The amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date for each Group; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xi) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Date; (xiii) The weighted average remaining term to maturity of the Mortgage Loans in each Group and the weighted average Loan Rate in each Group; (xiv) The Servicing Fee for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01; (xv) The amount of all payments or reimbursements to the Servicer pursuant to Section 3.03; (xvi) The Pool Factor for each Group determined using the balances in subclause (ii) above; (xvii) The amount, if any, transferred from the Simple Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Date; (xxiv) The amount of Class Interest Carryover Shortfall relating to each Class of Class A Certificates and the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principal; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make such report available to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer. To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may rely upon the latter. In the case of information furnished pursuant to subclauses (ii) and (ix) 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.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Structured Asset Securities Corp), Pooling and Servicing Agreement (Lehman Abs Corp)

Statements. Not later than 12:00 noon California time on the fourth Business Day following the last day of a Due Period, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to (a) On each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination Distribution Date, the Trustee Securities Administrator shall deliver make available to the ServicerTrustee, each Certificateholder, the Depositor Seller, the Master Servicer and to the Certificate Insurer, by telecopy, with a hard copy thereof to be delivered on the succeeding Distribution DateRating Agency, a statement based, as applicable, on the Remittance Report obtained from the Master Servicer (the “Trustee’s Remittance ReportDistribution Date Statement”) containing the information set forth below (as to the extent any such information distributions to be delivered by the Servicer pursuant to the first sentence of this Section 5.01(a) has been so delivered) with respect to made or made, as applicable, on such Distribution Date: (i) The the amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates allocable to interest; (iii) the Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group 1 and Group 2 Available Funds and each Certificate Rate for the related following Distribution Date; (iiiv) The Class Principal Balance the amount of each Class of Class A Certificates and servicing compensation received by the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report pursuant to subclause (xii) below, or, in the case of the first Determination Date, the Original Class Certificate Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and Servicer during the related Cut-Off Date Principal Balance of the Mortgage Loans in each Group; (iii) The number and Principal Balances of all Mortgage Loans and of the Mortgage Loans in each Group, that were the subject of Principal Prepayments during the Due Period; (iv) The amount of all Curtailments in each Group that were received during the Due Period; (v) The principal portion the aggregate amount of all Monthly Payments Advances for each Group received during the related Due PeriodPeriod and the amount of unreimbursed Advances; (vi) The amount of interest received on the Mortgage Loans in each Group[Reserved]; (vii) The amount of the Monthly Advances Loan Group Balance and the Compensating Interest payment to be made on the Determination Date related Net WAC for each Group; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xi) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Date; (xiii) The weighted average remaining term to maturity of the Mortgage Loans in each Loan Group and the weighted average Loan Rate in each Group; (xiv) The Servicing Fee for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01; (xv) The amount of all payments or reimbursements to the Servicer pursuant to Section 3.03; (xvi) The Pool Factor for each Group determined using the balances in subclause (ii) above; (xvii) The amount, if any, transferred from the Simple Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and Close of Business at the end of the related Due Period; (xxiviii) The amount on deposit in [Reserved]; (ix) for each sub-account Loan Group, the aggregate Principal Balance of the Spread Account after One-Month LIBOR Indexed Mortgage Loans at the Distribution Close of Business at the end of the related Due Period; (x) for each Loan Group, the aggregate Principal Balance of the MTA Indexed Mortgage Loans at the Close of Business at the end of the related Due Period; (xi) for each Loan Group, the number, weighted average remaining term to maturity and weighted average Loan Rate of the related Mortgage Loans as of the related Due Date; (xxiixii) The the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month; (xiii) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period; (xiv) the aggregate amount of losses experienced on the Mortgage Loans in Principal Prepayments with respect to each Loan Group made during the preceding related Prepayment Period; (xv) the aggregate amount of Realized Losses incurred during the related Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage amount of the related Cut-Off Date Principal BalanceRealized Losses; (xxiiixvi) The the Class A-2 Available Funds Carryforward, if any, Certificate Principal Balance of each Class of Certificates and the Apportioned Principal Balances of the Subordinate Certificates after giving effect to all any distributions made thereon, on such Distribution Date; (xxivxvii) The amount the Interest Distributable Amount in respect of Class Interest Carryover Shortfall relating to each Class of Certificates, for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date; (xviii) the aggregate amount of 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 A of Certificates for such Distribution Date; (xxi) the aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, and indicating the relevant section of the Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each such Mortgage 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) the amount of any Basis Risk Shortfall, if any, and the related accrued interest thereon, with respect to the LIBOR Certificates; (xxiv) [Reserved]; (xxv) [Reserved]; (xxvi) [Reserved]; (xxvii) for each Loan Group, the amount of Net Deferred Interest, if any, for such Loan Group; (xxviii) the amount of Net Deferred Interest, if any, added to the Certificate Principal Balance or Component Principal Balance of the related Certificates and the Class APrincipal-IO Certificates, separately stating the amount that is Only Components; (xxix) current Recoveries allocable to each such Class and the amount allocable to interest and principalLoan Group; and (xxvxxx) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereofcumulative Recoveries allocable to each Loan Group. The Trustee shall Securities Administrator will make such report the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Servicer, other parties to this Agreement via the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇.▇▇▇on the related Distribution Date. Assistance in using the website can be obtained by calling the TrusteeSecurities Administrator’s investor relations customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method option are entitled to have a paper copy mailed to them via first class mail by calling the investor relations customer service desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee may fully rely upon and Securities Administrator shall have no liability with respect the right to information provided by change the Servicer. To way such reports are distributed in order to make such distribution more convenient and/or more accessible to the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report parties, and the hard copy issued upon request (pursuant Securities Administrator shall provide timely and adequate notification to the preceding paragraph) thereof, the Servicer may rely upon the latterall parties regarding any such change. In the case of information furnished pursuant to subclauses (iii) and (ixii) 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 Securities Administrator shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) and (xxi) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by 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 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.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (DSLA Mortgage Loan Trust 2004-Ar4), Pooling and Servicing Agreement (DSLA Mortgage Loan Trust 2004-Ar3)

Statements. Not later than 12:00 noon California time (a) On each Distribution Date, based solely on the fourth Business Day following the last day of a Due Period, information provided to it by the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the in its Determination DateDate Report, the Trustee shall deliver prepare and make available to each Holder of the Regular Certificates, the Swap Counterparties, the Servicer, the Depositor Class A-1 Insurer and to the Certificate Insurer, by telecopy, with a hard copy thereof to be delivered on the succeeding Distribution DateRating Agencies, a statement (the “Trustee’s Remittance Report”) containing the information set forth below (as to the extent any such information to be delivered by the Servicer pursuant to the first sentence of this Section 5.01(a) has been so delivered) with respect to distributions made on such Distribution Date: (i) The Group 1 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 Group 2 Available Funds and each Certificate Rate for the related Distribution Dateamount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges; (ii) The Class Principal Balance the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report pursuant P Certificates) allocable to subclause (xii) belowinterest, or, in the case of the first Determination Date, the Original Class Certificate Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of the Mortgage Loans in each Groupseparately identified; (iii) The number and Principal Balances the Pool Balance of all the Group I Mortgage Loans and of the Group II Mortgage Loans in each Group, that were the subject of Principal Prepayments during the Due Period; (iv) The amount of all Curtailments in each Group that were received during the Due Period; (v) The principal portion of all Monthly Payments for each Group received during the Due Period; (vi) The amount of interest received on the Mortgage Loans in each Group; (vii) The amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date for each Group; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xi) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Date; (xiii) The weighted average remaining term to maturity of the Mortgage Loans in each Group and the weighted average Loan Rate in each Group; (xiv) The Servicing Fee for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01; (xv) The amount of all payments or reimbursements to the Servicer pursuant to Section 3.03; (xvi) The Pool Factor for each Group determined using the balances in subclause (ii) above; (xvii) The amount, if any, transferred from the Simple Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and Close of Business at the end of the related Due Period; (xxiiv) The amount on deposit in each sub-account the number, aggregate principal balance, and weighted average Mortgage Rate of the Spread Account after Mortgage Loans (identified by Group) as of the Distribution Daterelated Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added (identified by Group) during the preceding Prepayment Period; (xxiiv) The amount the number and aggregate unpaid principal balance of losses experienced on the Mortgage Loans (identified by Group) that (A) were 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 that (i) are not Delinquent, and (ii) are Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (C) related to a REO Property that (i) is not Delinquent and (ii) is Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days and (D) related to a Mortgagor that was subject to a bankruptcy proceeding and that (i) is not Delinquent and (ii) is Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each Group case on a contractual and bankruptcy legal basis; (vi) the aggregate amount of Principal Prepayments made during the preceding Due related Prepayment Period; (vii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative losses for the Mortgage Loans in each Group as a percentage amount of the related Cut-Off Date Principal BalanceRealized Losses; (xxiiiviii) The the Certificate Principal Balance of each class of the Class A-2 Available Funds CarryforwardA Certificates, if anyeach class of the Mezzanine Certificates, each class of the Class B Certificates and the Class O Certificates, after giving effect to all the distributions made on such Distribution Date; (xxivix) The the Unpaid Interest Shortfall Amount, if any, with respect to each class of the Class A Certificates, each class of the Mezzanine Certificates and each class of Class B Certificates for such Distribution Date; (x) 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 3.25; (xi) the Credit Enhancement Percentage for such Distribution Date; (xii) the Available Funds Cap Carryforward Amount for each class of the Class Interest Carryover Shortfall relating A Certificates, each class of the Mezzanine Certificates and each class of the Class B Certificates if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xiii) the respective Pass-Through Rates applicable to each Class class of the Class A Certificates, each class of the Mezzanine Certificates and the Class AB Certificates for such Distribution Date and the Pass-IO Through Rate applicable to each class of the Class A Certificates, each class of the Mezzanine Certificates and each class of the Class B Certificates for the immediately succeeding Distribution Date; (xiv) the Supplemental Interest Payment for each Class on such Distribution Date; (xv) (x) the aggregate notional amount of the Swap Agreements and Cap Agreements, (y) the aggregate Certificate Principal Balance of the Underwritten Certificates on such Distribution Date and (z) the difference between (x) and (y); (xvi) the Required Overcollateralization Amount for such Distribution Date; (xvii) the Excess Cashflow (separately stating detailing the Mortgage Excess Cashflow and Swap Excess Cashflow, respectively) for such Distribution Date; (xviii) the aggregate amount that is allocable to each such Class of Scheduled Principal Payments made during the related Due Period; (xix) the aggregate amount of Principal Prepayments made during the related Due Period in which the related Mortgagor paid the related Mortgage Loan in full; (xx) the aggregate amount of Principal Prepayments in part made during the related Prepayment Period; (xxi) the number and the aggregate principal balance of all Liquidated Mortgage Loans for the related Prepayment Period; (xxii) the aggregate amount allocable to interest of Net Liquidation Proceeds received during the related Prepayment Period; (xxiii) the Group I Class I Monthly Interest Distributable Amount and principalthe Group II Class I Monthly Interest Distributable Amount; and (xxvxxiv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make such report available to the Servicerdollar amount of claims made, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered amounts paid by the Servicer on MI Insurer in respect of claims made, and premiums due and paid under the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer. To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may rely upon the latterMI Policy. In the case of information furnished pursuant to subclauses (iii) and (ixii) 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 CutClosing Date. The Trustee may, in the absence of manifest error, conclusively rely upon the Determination Date Report of the Servicer in its preparation of the statement to Certificateholders pursuant to this Section 4.03. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) 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 forward to 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 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 post on its website at [ ], which posting shall be accessible to each Certificateholder and the Swap Counterparties, the statement prepared pursuant to paragraph (a) of this Section 4.03, except that the Trustee shall email a copy of such statement to the Class A-1 Insurer on each Distribution Date to ▇▇▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at ▇-Off ▇▇▇-▇▇▇-▇▇▇▇. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by providing a written request of such to the Trustee at is Corporate Trust office. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The Trustee shall not have any responsibility to (i) verify information provided by the Servicer to be included in such statement or (ii) include any information required to be included in such statement if the Servicer has failed to timely produce such information to the Trustee, as required pursuant hereto. (f) No later than noon on the second Business Day prior to each Distribution Date, the Trustee will verify that no Notional Amount Test Event is scheduled to occur on the related Distribution Date. In the event a Notional Amount Test Event would otherwise occur on the related Distribution Date, the Trustee will immediately provide notice in the form of Exhibit J to the appropriate NovaStar entity and assign in $10,000,000 increments a portion of the related notional amount from the affected Swap Agreement or Cap Agreement on the day immediately preceding that Distribution Date until no Notional Amount Test Event will occur on the related Distribution Date. The Trustee shall assign the applicable notional amount from the Swap Agreement or Cap Agreement, as applicable, in the priority set forth below. Once such Swap Agreement notional amounts have been assigned back to the appropriate NovaStar entity, the related Swap Counterparty will have no obligation to, nor interest in, any Supplemental Interest Trust with respect to such notional amounts. Once such Cap Agreement notional amounts have been assigned back to the appropriate NovaStar entity, the Cap Counterparty will have no obligation to any applicable Supplemental Interest Trust with respect to such notional amounts. Furthermore, no distributions will be made from Supplemental Interest Trust I to the related Swap Counterparty in respect of notional amounts assigned under this Section 4.03 (f). The Trustee will assign portions of the affected Swap Agreements or Cap Agreements as applicable in the following order of priority: (i) from the Swap Agreement with the earliest maturity (until no Notional Amount Test Event would have occurred); (ii) in the event that two or more Swap Agreements have the same maturity, from the Swap Agreement with the lowest fixed rate (until no Notional Amount Test Event would have occurred); and (iii) in the event that no Swap Agreements are outstanding, from the then outstanding Cap Agreements on a pro rata basis based on the notional amounts of such Cap Agreements (until no Notional Amount Test Event would have occurred). In no event shall the Trustee allow a Notional Amount Test Event to occur on any Distribution Date.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (NovaStar Certificates Financing LLC), Pooling and Servicing Agreement (NovaStar Certificates Financing CORP)

Statements. (a) Not later than 12:00 noon California time 1:00 p.m., New York time, on the fourth Business Day following the last 18th calendar day of each month, or if such 18th day is not a Due PeriodBusiness Day, the immediately preceding Business Day, the Servicer shall deliver to the Trustee Master Servicer who shall deliver to the Securities Administrator by electronic means reasonably acceptable to the Master Servicer, a computer tape file containing the loan level information set forth on Exhibit D as in Exhibits U, V and W hereto necessary to each Mortgage Loan permit the Master Servicer to perform its obligations hereunder and the Securities Administrator to calculate the information required below as of such the end of the preceding Prepayment Period or Due Period Period, as applicable, and such other information as the Trustee Master Servicer or the Securities Administrator shall reasonably require. , and the Seller hereby agrees to provide the Master Servicer and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. (b) Not later than 12:00 noon California time on each Distribution Date the Determination Date, the Trustee Securities Administrator shall deliver to the Servicer, the Depositor and to the Certificate Insurer, by telecopy, with a hard copy thereof to be delivered on the succeeding Distribution Date, prepare a statement (the “Trustee’s Remittance Report”) containing the information set forth below (to the extent any such information to be delivered by the Servicer pursuant to the first sentence of this Section 5.01(a) has been so delivered) with respect to such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer and the Master Servicer, as applicable, upon which the Securities Administrator shall conclusively rely without independent verification thereof: (i) The Group 1 and Group 2 the Available Funds and the Pass-Through Rate for each Certificate Rate Class for the related Distribution Date; (ii) The Class Principal Balance the aggregate amount of the distribution to each Class of Certificates on such Distribution Date; (iii) the amount of the distribution set forth in paragraph (ii) above in respect of interest, the amount thereof in respect of any Class A Certificates Interest Carryover Shortfall and the Notional Balance amount of each any Class Interest Carryover Shortfall remaining; (iv) the amount of Class A-IO Certificates the distribution set forth in paragraph (ii) above in respect of principal and the Aggregate amount thereof in respect of Allocated Realized Loss Amount, and any remaining Allocated Realized Loss Amount; (v) the amount of Excess Interest distributed as principal; (vi) the aggregate amount of the Servicing Fee and the Master Servicing Fee for such Distribution Date; (vii) the Pool Balance and the aggregate Principal Balance of the Mortgage Loans in each Loan Group as reported in the prior Trustee’s Remittance Report pursuant to subclause (xii) below, or, in the case of the first Determination Date, close of business on the Original Class last day of the preceding Due Period; (viii) the Certificate Principal Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of the Mortgage Loans in each Groupafter giving effect to distributions allocated to principal; (iiiix) The number the Overcollateralization Amount and Principal Balances of all Mortgage Loans and the Required Overcollateralization Amount as of the Mortgage Loans in each Groupclose of business on the Distribution Date, that were after giving effect to distributions of principal on such Distribution Date; (x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and the subject calculation thereof; (xi) the aggregate amount of Principal Prepayments received during the Due related Prepayment Period; (ivxii) The the amount of all Curtailments in each Group that were received during the Due Period; (vxiii) The the principal portion of all Monthly Payments for each Group received during the Due Period; (vixiv) The amount the interest portion of interest all Monthly Payments received on the Mortgage Loans in each Groupduring the Due Period; (viixv) The the amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date for each Group; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xixvi) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Date; (xiii) The weighted average remaining term to maturity of the Mortgage Loans in each Group and the weighted average Loan Rate in each Groupas of the first day of the related Due Period; (xivxvii) The Servicing Fee for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01; (xv) The amount of all payments or reimbursements to the Servicer pursuant to Section 3.03; Sections 3.03(ii) and (xvivi) The Pool Factor for each Group determined using (as reported by the balances in subclause (ii) above; (xvii) The amount, if any, transferred from the Simple Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01Servicer); (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and at the end of the related Due Period; (xxixix) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses Liquidation Loan Losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group Cumulative Net Losses as a percentage of the related Cut-Off Date Pool Balance; (xx) as of the end of the preceding calendar month, the number and Principal BalanceBalance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth) (for the avoidance of doubt, delinquencies in this clause (xx) are measured in accordance with the OTS method); (xxi) the number and aggregate Principal Balance of Mortgage Loans, other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period (as reported by the Servicer) (xxii) the amount of Basis Risk Shortfall Amount distributed to the Offered Certificates and the amount of Basis Risk Shortfall Amount remaining for each Class; (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Datethe amount of any Net Swap Payments or Swap Termination Payments; (xxiv) The amount of Class Interest Carryover Shortfall relating to each Class of Class A Certificates and the Class A-IO Certificates, separately stating the amount that whether a Stepdown Date or Trigger Event is allocable to each in effect on such Class and the amount allocable to interest and principalDistribution Date; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred the applicable Record Dates, Interest Periods and specifying the details thereof. The Trustee shall make determination dates for calculating payments for such report available to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at . (▇▇▇c) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee Securities Administrator may fully rely upon and shall have no liability with respect to information provided by the Servicer or the Master Servicer. To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may rely upon the latter. In the case of information furnished pursuant to subclauses (ii), (iii), (iv) and (ixvi) 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 related Cut-Off Date. (d) The Securities Administrator will make the Remittance Report and a loan-level data file with mortgage elements as mutually agreed upon by the Securities Administrator and the recepients (and, at the Securities Administrator’s option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “w▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution 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 Securities Administrator shall have the right to change the way Remittance Reports are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access the Securities Administrator’s internet website, the Securities Administrator may require registration and the acceptance of a disclaimer. The Securities Administrator will not be liable for the dissemination of information in accordance with this Agreement. The Securities Administrator shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto). For all purposes of this Agreement, with respect to any Mortgage Loan, delinquencies shall be determined by the Securities Administrator from information provided by the Servicer and reported by the Securities 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 (the “OTS Method”). The Servicer hereby represents and warrants to the Depositor that this delinquency recognition policy is not less restrictive than any delinquency recognition policy established by the primary safety and soundness regulator, if any, of the Servicer. (e) Within a reasonable period of time after the end of each calendar year, the Securities Administrator shall furnish to each Person who at any time during the calendar year was a Holder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (iii) and (iv) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (f) On each Distribution Date, the Securities Administrator shall make available to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together with such other information as the Securities Administrator deems necessary or appropriate. (g) Within a reasonable period of time after the end of each calendar year, the Securities Administrator shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared by the Tax Matters Persons and furnished to Certificateholders by the Securities Administrator or Tax Matters Person pursuant to any requirements of the Code as from time to time in force. (h) The Servicer, the Master Servicer and the Securities Administrator shall furnish to the Depositor, the Seller, the Trustee and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information for which the Securities Administrator has the necessary information to prepare such report and in a format acceptable to the Securities Administrator, 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, the Master Servicer and the Securities Administrator shall be entitled to be reimbursed by the Depositor, the Seller or 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. (i) Reports and computer diskettes or files furnished by the Servicer or the Master Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement. (j) For each Distribution Date, through and including the Distribution Date in December 2007, the Securities Administrator shall calculate the Significance Percentage of the Interest Rate Swap Agreement. If on any such Distribution Date, the Significance Percentage is equal to or greater than 9%, the Securities Administrator shall promptly notify the Depositor and the Depositor, on behalf of the Securities Administrator, shall obtain the financial information required to be delivered by the Swap Provider pursuant to the terms of the Interest Rate Swap Agreement. If, on any succeeding Distribution Date through and including the Distribution Date in December 2007, the Significance Percentage is equal to or greater than 10%, the Securities Administrator shall promptly notify the Depositor and the Depositor shall, within 5 Business Days of such Distribution Date, deliver to the Securities Administrator the financial information provided to it by the Swap Provider for inclusion in the Form 10-D relating to such Distribution Date. With respect to any Distribution Date, for purposes of determining the numerator of the fraction that constitutes the Significance Percentage, the interest rate used to project future amounts payable under the Interest Rate Swap Agreement shall be equal to the highest rate reflected on the Implied Forwards Curve available at Bloomberg Financial Markets, L.P. for the remaining term of the Interest Rate Swap Agreement plus the percentage equivalent of a fraction, the numerator of which is 3.00% and the denominator of which is the remaining Distribution Dates on which the Securities Administrator is entitled to receive payments under the Interest Rate Swap Agreement). The discount rate used to determine the net present value of the estimated future amounts payable shall be equal to the lowest rate reflected on the Implied Forwards Curve. The Securities Administrator shall obtain the Implied Forwards Curve from Bloomberg within 15 Business Days of the respective Distribution Date. To determine the Implied Forwards Curve for such Distribution Date, the Securities Administrator shall take the following steps on the Bloomberg terminal: (1) the following keystrokes shall be entered: fwcv , 32 (or any such other number as represents the United States) , 3 ; (2) the Forwards shall be set to “1-Mo”; (3) the Intervals shall be set to “1-Mo”; and (4) the Points shall be set to equal the remaining term of the Interest Rate Swap Agreement in months and the Securities Administrator shall click . For purposes of estimating future amounts payable under the Interest Rate Swap Agreement, the accrual period for both the Fixed Amounts and the Floating Amounts (as defined in the Interest Rate Swap Agreement) shall be assumed to be a 30-day period in a 360-day year.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Renaissance Home Equity Loan Trust 2007-3), Pooling and Servicing Agreement (Renaissance Home Equity Loan Trust 2007-3)

Statements. Not Each month, not later than 12:00 noon California New York time on the fourth Business Day following the last day of a Due PeriodDetermination Date, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination Date, the Trustee shall deliver to the Servicer, the Depositor and to the Certificate InsurerTrustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with a hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered on the succeeding Distribution Business Day following the Determination Date, a statement certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the “Trustee’s Remittance Report”) containing date (day, month and year), the information set forth below (to Series number, the extent any such information to be delivered by the Servicer pursuant to the first sentence date of this Section 5.01(a) has been so delivered) with respect to such Distribution DateAgreement, and the following: (i) The Group 1 and Group 2 the Available Funds and each Certificate Rate Remittance Amounts for the related Distribution Remittance Date; (ii) The the Class Principal Balance of each Class of Class A Certificates and the Notional Balance of Balances for each Class of Class A-IO Certificates , Class M and the Aggregate Principal Balance of the Mortgage Loans in each Group Class B Notes as reported in the prior Trustee’s Remittance Report Servicer's Certificate pursuant to subclause (xiixv) below, or, in the case of the first Determination Date, the Original Class Certificate Principal Balance of each Class of Class A Certificates and the Original Notional Balance of for each Class of Class A-IO Certificates , Class M and the related Cut-Off Date Principal Balance of the Mortgage Loans in each GroupClass B Notes; (iii) The the Principal Distribution Amounts for the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for the related Remittance Date (by Class and in the aggregate); (v) the Available Maximum Subordination Amount for the related Remittance Date; (vi) the number and Principal Balances of all Mortgage Loans and of the Mortgage Loans in each Group, that which were the subject of Principal Prepayments during the Due Period; (ivvii) The the amount of all Curtailments in each Group that which were received during the Due Period; (vviii) The principal portion the aggregate amount of all Excess Payments and the amounts of Monthly Payments for each Group in respect of principal received during the Due Period; (viix) The the amount of interest received on the Mortgage Loans in each GroupLoans; (viix) The the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date for each GroupDate; (viiixi) The the delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ixxii) The the amount of any Realized Losses incurred during the related Due Period; (xiii) the Available Remittance Amounts for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect to the Remittance Date; (xv) the Class Principal Balance for each Class of Class A A, Class M and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xi) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Principal Balance of each Class of Class A Certificates B Notes and the Notional Pool Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Date; (xiiixvi) The weighted average remaining term to maturity the calculation of the Mortgage Loans in each Group and Trigger Event, including the weighted average Loan Rate in each Groupvarious components thereof; (xivxvii) The Servicing Fee for each Group and the amount to be paid Cumulative Realized Losses, with respect to the Certificate Insurer pursuant to Section 5.01Remittance Date; (xvxviii) The the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account; (xx) the amount of all payments or and reimbursements to the Servicer pursuant to Section 3.034.04(b), (c), (d)(ii), (e) and (f); (xvixxi) The Pool the Class Factor for each Group Class determined using the balances in subclause (iixv) above; (xviixxii) The amountthe weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, if anyin each case for the related Remittance Date, transferred and the weighted average Loan Interest Rate for the prior three month period; (xxiii) [Reserved]; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the Simple Interest Excess FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require. The Trustee shall forward such report to the Noteholders and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess 7.01(a)(iv); and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the SellerRepresentative, as appropriate, pursuant to Section 5.01(a)(ivSections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number Trustee of Mortgage Loans such withdrawals and deposits will be based in each Group outstanding at whole or in part upon the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Date; (xxiv) The amount of Class Interest Carryover Shortfall relating to each Class of Class A Certificates and the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principal; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make such report available information provided to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on or the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the ServicerClaims Administrator). To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report Servicer's Certificate and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may Trustee shall be entitled to rely upon the lattertelecopy. In the case of information furnished pursuant to subclauses (ii), (viii) and (ixxiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each Note per $1,000 original dollar amount as of the Cut-Off Date. (a) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class A, Class M and Class B Noteholder such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xix) and (xxxv), above, aggregated for such calendar year or applicable portion thereof during which such Person was a Noteholder. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. (b) On each Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriate. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest such information as is reasonably necessary to provide to such Person a statement 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 the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 2 contracts

Sources: Sale and Servicing Agreement (Money Store Home Equity Corp), Sale and Servicing Agreement (Money Store Home Equity Corp)

Statements. Not later than 12:00 noon California time (a) On each Distribution Date, based, as applicable, on information provided to it by the fourth Business Day following the last day of a Due Period, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination DateServicer, the Trustee shall deliver prepare and make available to each Holder of the Regular Certificates, the Servicer, the Depositor Certificate Insurer and to the Certificate Insurer, by telecopy, with a hard copy thereof to be delivered on the succeeding Distribution DateRating Agencies, a statement (the “Trustee’s Remittance Report”) containing the information set forth below (as to the extent any such information to be delivered by the Servicer pursuant to the first sentence of this Section 5.01(a) has been so delivered) with respect to distributions made on such Distribution Date: (i) The Group 1 and Group 2 Available Funds and the amount of the distribution made on such Distribution Date to the Holders of each Certificate Rate for Class of the related Distribution DateCertificates allocable to principal; (ii) The the amount of the distribution made on such Distribution Date to the Holders of each Class of the Certificates allocable to interest; (iii) reserved; (iv) the aggregate amount of servicing compensation received by the Servicer with respect to the related Remittance Period (separately identifying Servicing Fees and other servicing compensation) and such other customary information as the Trustee reasonably deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Remittance Period; (vi) the Pool Balance at the Close of Business at the end of the related Remittance Period; (vii) the number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date; (viii) the number and aggregate unpaid Stated Principal Balance of Mortgage Loans (a) 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 preceding case as of the Close of Business on the last day of the calendar month preceding such Distribution Date, and (b) the related Mortgaged Properties of which are REO Properties; (ix) the total number and cumulative Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period; (x) the aggregate amount of Principal Prepayments made during the related Prepayment Period; (xi) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses; (xii) the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date (xiii) the aggregate Certificate Principal Balance of each Class of Regular Certificates after giving effect to the distributions, and allocations of Realized Losses, made on such Distribution Date separately identifying any reduction thereof due to allocations of Realized Losses (in the case of the Subordinated Certificates and the Class C Certificates); (xiv) the Certificate Factor for each Class of the Regular Certificates applicable to such Distribution Date; (xv) the Accrued Certificate Interest for the Class A Certificates, the Subordinated Certificates and the Class C Certificates for such Distribution Date and Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates and the Notional Balance Subordinated Certificates for such Distribution Date; (xvi) the aggregate amount of each Class any Net Prepayment Interest Shortfalls for such Distribution Date; (xvii) the aggregate amount of Class A-IO Certificates any Relief Act Interest Shortfalls for such Distribution Date; (xviii) the Overcollateralized Amount and the Aggregate Principal Balance of Excess Overcollateralization Amount for such Distribution Date; (xix) the Mortgage Loans in each Group as reported in Credit Enhancement Percentage for such Distribution Date; (xx) the prior Trustee’s Remittance Report pursuant to subclause (xii) below, or, in Net WAC Rate Carryover Amount for the case of the first Determination Date, the Original Class Certificate Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of the Mortgage Loans in each Group; (iii) The number and Principal Balances of all Mortgage Loans and of the Mortgage Loans in each Group, that were the subject of Principal Prepayments during the Due Period; (iv) The amount of all Curtailments in each Group that were received during the Due Period; (v) The principal portion of all Monthly Payments for each Group received during the Due Period; (vi) The amount of interest received on the Mortgage Loans in each Group; (vii) The amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date for each Group; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each GroupSubordinated Certificates, if any, for such Distribution Date and the amount remaining unpaid after payments from the Excess Reserve Fund Account are made pursuant to be paid Section 4.01(e); (xxi) when the Stepdown Date has occurred and when a Trigger Event is in effect; (xxii) the deposits to and withdrawals from the Excess Reserve Fund Account on the such Distribution Date; (xi) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Date; (xiii) The weighted average remaining term to maturity of the Mortgage Loans in each Group and the weighted average Loan Rate in each Group; (xiv) The Servicing Fee for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01; (xv) The amount of all payments or reimbursements to the Servicer pursuant to Section 3.03; (xvi) The Pool Factor for each Group determined using the balances in subclause (ii) above; (xvii) The amount, if any, transferred from the Simple Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 the Available Funds Carryforward, if any, after giving effect to all distributions on for such Distribution Date; (xxiv) The amount of the respective Pass-Through Rates applicable to the Class Interest Carryover Shortfall relating A Certificates, the Subordinated Certificates and the Class C Certificates for such Distribution Date and the respective Pass-Through Rates applicable to each Class of the Class A Certificates and the Subordinated Certificates for the immediately succeeding Distribution Date; (xxv) the aggregate Notional Amount of the Class A-IO C Certificates, separately stating in each case after giving effect the amount that is allocable reductions thereof to each occur on such Class and the amount allocable to interest and principalDistribution Date; and (xxvxxvi) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred the amount of the Reimbursement Amount for such Distribution Date and specifying the details thereofamount received by the Certificate Insurer in respect thereof on such Distribution Date. The Trustee shall will make such report statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the Servicer, the Depositor, the CertificateholdersTrustee, the Certificate Insurer, Insurer and the Rating Agencies and Bloomberg (via the Trustee’s internet website. The Trustee’s internet website shall initially be located at ▇▇▇ ▇▇▇▇ h▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date/▇▇▇▇. Assistance in using the website can be obtained by calling the Trustee’s investor relations customer service desk at (1-▇▇▇) -▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method options are entitled to have a paper copy mailed to them via first class mail by calling the investor relations customer service desk and indicating such. In addition, together with The Trustee shall have the right to change the way such report, statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall forward provide timely and adequate notification to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer. To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may rely upon the latterall above parties regarding any such changes. In the case of information furnished pursuant to subclauses (iii) and (ixii) 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 hypothetical Certificate having an initial Certificate Principal Balance or Notional Amount (in the case of the Cut-Off Class C Certificates) equal to $1,000. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) 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. On each Distribution Date, the Trustee shall make available to the Class R Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force. The Trustee shall maintain at its Corporate Trust Office and shall make available free of charge during normal business hours for review by any Certificateholder, Certificate Owner or any Person identified to the Trustee as a prospective transferee of a Certificate, originals or copies of the following items: (i) the private placement memorandum or other disclosure document relating to such Certificates, if any, in the form most recently provided to the Trustee; and (ii) in all cases, (A) this Agreement and any amendments hereof entered into pursuant to Section 11.01, (B) all monthly statements required to be delivered to Certificateholders of the relevant Class pursuant to this Section 4.02 since the Closing Date, and all other notices, reports, statements and written communications delivered to the Certificateholders of the relevant Class pursuant to this Agreement since the Closing Date, (C) all certifications delivered by a Responsible Officer of the Trustee since the Closing Date pursuant to Section 9.01(h) and (D) any and all Officers’ Certificates delivered to the Trustee by the Servicer since the Closing Date to evidence the Servicer’s determination that any Advance or Servicing Advance was, or if made, would be a Nonrecoverable Advance or Nonrecoverable Servicing Advance, respectively. Copies and mailing of any and all of the foregoing items will be available from the Trustee upon request at the expense of the person requesting the same.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (IndyMac Residential Mortgage-Backed Trust, Series 2006-L3), Pooling and Servicing Agreement (IndyMac Residential Mortgage-Backed Trust, Series 2006-L3)

Statements. Not Each month, not later than 12:00 noon California New York time on the fourth Business Day following the last day of a Due PeriodDetermination Date, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination Date, the Trustee shall deliver to the Servicer, the Depositor and to the Certificate InsurerTrustee, by telecopy, for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with a hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit L (both in hard copy and in computer tape form) to be delivered on the succeeding Distribution Business Day following the Determination Date, a statement certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the “Trustee’s Remittance Report”) containing date (day, month and year), the information set forth below (to Series number of the extent any such information to be delivered by Certificates, the Servicer pursuant to the first sentence date of this Section 5.01(a) has been so delivered) with respect to Agreement, and, as of the close of business on the Record Date for such Distribution Datemonth: (i) The Group 1 and Group 2 Available Funds and each Certificate Rate for the related Distribution Remittance Date, in the aggregate and by component; (ii) The Aggregate Class A Certificate Principal Balance, the Aggregate Class B Certificate Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Pool Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report Servicer's Certificate pursuant to subclause (xii) below, or, in the case of the first Determination Date, the Original Class A and Class B Certificate Principal Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Pool Principal Balance of the Mortgage Loans in each GroupBalance; (iii) The number and Principal Balances of all Mortgage SBA Loans and of the Mortgage Loans in each Group, that which were the subject of Principal Prepayments during the Due Period and the number and Principal Balances of all Defaulted SBA Loans purchased by the Servicer during the Due Period; (iv) The amount product of the Unguaranteed Percentage multiplied by all Curtailments in each Group that which were received during the Due Period; (v) The principal portion product of the Unguaranteed Percentage multiplied by all Excess Payments and the product of the Unguaranteed Percentage multiplied by all Monthly Payments for each Group in respect of principal received during the Due Period; (vi) The aggregate amount of interest received on each SBA Loan net of the Mortgage Loans in each GroupFTA's Fee, the Premium Protection Fee, the Additional Fee and the portion thereof payable to the Registered Holders; (vii) The amount of the Monthly Advances to be made on the Determination Date and the Compensating Interest payment to be made on the Determination Date for each GroupDate; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit LK; (ix) The Remittance Amount for each Class product of the Unguaranteed Percentage multiplied by the amount of any losses realized on a Liquidated SBA Loan; (x) The Class A and Class A-IO Certificates B Interest Distribution Amounts and Principal Distribution Amounts for the Distribution Remittance Date with the components thereof stated separately; (xxi) The amount of the Insured Amounts for each Groupamount, if any, to be paid on transferred from the Distribution Date; (xi) The amount to be distributed Spread Account to the Class R Certificateholders for the Distribution DateCertificate Account pursuant to Section 6.02(b)(i); (xii) The Aggregate Class A Certificate Principal Balance, Aggregate Class B Certificate Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Pool Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Remittance Date; (xiii) The weighted average remaining term to maturity of Excess Spread, the Mortgage Loans in each Group Spread Account Balance and the weighted average Loan Rate in each GroupSpecified Spread Account Requirement with respect to such Remittance Date; (xiv) The Servicing Fee for each Group weighted average maturity and the amount to be paid to the Certificate Insurer pursuant to Section 5.01weighted average SBA Loan Interest Rate; (xv) The Servicing Fees and amounts to be deposited to the Expense Account; (xvi) The amount of all payments or and reimbursements to the Servicer pursuant to Section 3.03; 5.04 (xvib), (c), (d)(ii), (e) The Pool Factor for each Group determined using the balances in subclause and (ii) abovef); (xvii) The amount, if any, transferred from the Simple Interest Excess Account Class A and Class B Remittance Rates with respect to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01such Remittance Date; (xviii) The percentage During the Funding Period, the aggregate Principal Balance of the related Excess Spread used to determine Subsequent SBA Loans purchased during the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess prior Due Period and the allocation amount on deposit in the Pre-Funding Account and the Capitalization Interest Account as of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01;end of such Due Period; and (xix) Such other information as the Certificateholders, the Trustee or the Rating Agency may reasonably require; provided, however, that the Servicer shall have no obligation to distribute such information directly to any Certificateholder. The Trustee shall forward such report to the Certificateholders and the Rating Agency on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Certificate Account pursuant to Section 6.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Seller, as appropriate, Seller pursuant to Section 5.01(a)(ivSections 6.03(c)(i), 6.03(c)(ii) and 6.07(b)(viii) (all reports prepared by the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number Trustee of Mortgage Loans such withdrawals and deposits will be based in each Group outstanding at whole or in part upon the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Date; (xxiv) The amount of Class Interest Carryover Shortfall relating to each Class of Class A Certificates and the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principal; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make such report available information provided to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer). To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report Servicer's Certificate and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may Trustee shall be entitled to rely upon the lattertelecopy. In the case of information furnished pursuant to subclauses (ii), (iii), (iv), (v), (x) and (ix) xii), above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each per $1,000 original dollar amount as of the Cut-Off Date. Additionally, on the Special Remittance Date the Trustee shall, based upon information received from the Servicer, forward to the Certificateholders and the Rating Agency a report setting forth the amount of principal and interest, if any, being paid to each Class of Certificates on the Special Remittance Date. (a) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Certificateholder such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (vi), (x), and (xiv), above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. (b) Upon reasonable advance notice in writing, the Servicer will provide to each Certificateholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the SBA Loans sufficient to permit such Certificateholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Certificates. (c) The Servicer shall furnish to each Certificateholder, 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 as the Certificateholder may reasonably require; provided, that the Servicer shall be entitled to be reimbursed by such Certificateholder for the Servicer's actual expenses incurred in providing such reports if such reports are not producible in the ordinary course of the Servicer's business. The Rating Agency shall receive copies of any such reports or information furnished to the Certificateholders.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (BLC Financial Services Inc), Pooling and Servicing Agreement (BLC Financial Services Inc)

Statements. Not later than 12:00 noon California time (a) On each Distribution Date, based solely on the fourth Business Day following the last day of a Due Period, information provided to it by the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the in its Determination DateDate Report, the Trustee shall deliver prepare and make available to each Holder of the ServicerRegular Certificates, the Depositor Swap Counterparties, the Servicer and to the Certificate Insurer, by telecopy, with a hard copy thereof to be delivered on the succeeding Distribution DateRating Agencies, a statement (the “Trustee’s Remittance Report”) containing the information set forth below (as to the extent any such information to be delivered by the Servicer pursuant to the first sentence of this Section 5.01(a) has been so delivered) with respect to distributions made on such Distribution Date: (i) The Group 1 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 Group 2 Available Funds and each Certificate Rate for the related Distribution Dateamount of the distribution made to the Holders of the Class C Certificates allocable to Prepayment Charges; (ii) The Class Principal Balance the amount of the distribution made on such Distribution Date to the Holders of each Class of Class A Regular Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report pursuant allocable to subclause (xii) belowinterest, or, in the case of the first Determination Date, the Original Class Certificate Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of the Mortgage Loans in each Groupseparately identified; (iii) The number and Principal Balances the Pool Balance of all the Group I Mortgage Loans and of the Group II Mortgage Loans in each Group, that were the subject of Principal Prepayments during the Due Period; (iv) The amount of all Curtailments in each Group that were received during the Due Period; (v) The principal portion of all Monthly Payments for each Group received during the Due Period; (vi) The amount of interest received on the Mortgage Loans in each Group; (vii) The amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date for each Group; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xi) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Date; (xiii) The weighted average remaining term to maturity of the Mortgage Loans in each Group and the weighted average Loan Rate in each Group; (xiv) The Servicing Fee for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01; (xv) The amount of all payments or reimbursements to the Servicer pursuant to Section 3.03; (xvi) The Pool Factor for each Group determined using the balances in subclause (ii) above; (xvii) The amount, if any, transferred from the Simple Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and Close of Business at the end of the related Due Period; (xxiiv) The amount on deposit in each sub-account the number, aggregate principal balance, and weighted average Mortgage Rate of the Spread Account after Mortgage Loans as of the Distribution Daterelated Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment Period; (xxiiv) The amount the number and aggregate unpaid principal balance of losses experienced on the Mortgage Loans (identified by Group) that (A) were 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 that (i) are not Delinquent, and (ii) are Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (C) are related to a REO Property and that (i) are not Delinquent and (ii) are Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days and (D) are related to a Mortgagor that was subject to a bankruptcy proceeding and that (i) are not Delinquent and (ii) are Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each Group case on a contractual and bankruptcy legal basis; (vi) the aggregate amount of Principal Prepayments made during the preceding Due related Prepayment Period; (vii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative losses for the Mortgage Loans in each Group as a percentage amount of the related Cut-Off Date Principal BalanceRealized Losses; (xxiiiviii) The the Certificate Principal Balance of each class of the Class A-2 Available Funds CarryforwardA Certificates, if anyeach class of the Mezzanine Certificates and each class of the Class B Certificates, after giving effect to all the distributions made on such Distribution Date; (xxivix) The the Unpaid Interest Shortfall Amount, if any, with respect to each class of the Class A Certificates, each class of the Mezzanine Certificates and each class of Class B Certificates for such Distribution Date; (x) 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 3.25; (xi) the Credit Enhancement Percentage for such Distribution Date; (xii) the Available Funds Cap Carryforward Amount for each class of the Class Interest Carryover Shortfall relating A Certificates, each class of the Mezzanine Certificates and each class of the Class B Certificates if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xiii) the respective Pass-Through Rates applicable to each Class class of the Class A Certificates, each class of the Mezzanine Certificates and the Class AB Certificates for such Distribution Date and the Pass-IO Through Rate applicable to each class of the Class A Certificates, separately stating each class of the Mezzanine Certificates and each class of the Class B Certificates for the immediately succeeding Distribution Date; (xiv) the Supplemental Interest Payment for each Class on such Distribution Date; (xv) the difference between (x) the aggregate notional amount that is allocable to each of the Swap Agreements and (y) the aggregate Certificate Principal Balance of the Offered Certificates on such Class Distribution Date; (xvi) the Required Overcollateralization Amount for such Distribution Date; (xvii) the Excess Cashflow for such Distribution Date; (xviii) the aggregate amount of Scheduled Principal Payments made during the related Due Period; (xix) the aggregate amount of Principal Prepayments made during the related Due Period in which the related Mortgagor paid the related Mortgage Loan in full; (xx) the aggregate amount of Principal Prepayments in part made during the related Prepayment Period; (xxi) the number and the amount allocable to interest and principalaggregate principal balance of all Liquidated Mortgage Loans for the related Prepayment Period; and (xxvxxii) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred the aggregate amount of Net Liquidation Proceeds received during the related Prepayment Period. (xxiii) the dollar amount of claims made, amounts paid by the MI Insurer in respect of claims made, and specifying premiums due and paid under the details thereof. The Trustee shall make such report available MI Policy; and (xxiv) the amount equal to the Servicer, difference between (x) the Depositor, Class I Monthly Interest Distributable Amount and (y) any amounts received by the Certificateholders, Supplemental Interest Trust from the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance Swap Counterparties in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy respect of the computer tape delivered by Swap Agreements; provided, however, that if the Servicer on resulting number is a negative number, then the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer. To the extent that there are inconsistencies between the telecopy absolute value of the Trustee’s Remittance Report and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may rely upon the lattersuch negative number. In the case of information furnished pursuant to subclauses (iii) and (ixii) 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 CutClosing Date. The Trustee may, in the absence of manifest error, conclusively rely upon the Determination Date Report of the Servicer in its preparation of the statement to Certificateholders pursuant to this Section 4.03. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) 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 forward to 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 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 post on its website at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇\sfr, which posting shall be accessible to each Certificateholder and the Swap Counterparty, the statement prepared pursuant to paragraph (a) of this Section 4.03. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at ▇-Off ▇▇▇-▇▇▇-▇▇▇▇. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by providing a written request of such to the Trustee at is Corporate Trust office. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The Trustee shall not have any responsibility to (i) verify information provided by the Servicer to be included in such statement or (ii) include any information required to be included in such statement if the Servicer has failed to timely produce such information to the Trustee, as required pursuant hereto. (f) No later than noon on the second Business Day prior to each Distribution Date, the Trustee will verify that no Notional Amount Test Event is scheduled to occur on the related Distribution Date. In the event a Notional Amount Test Event would otherwise occur on the related Distribution Date, the Trustee will immediately provide notice in the form of Exhibit J to the appropriate NovaStar entity or Affiliate of such NovaStar entity and assign in $10,000,000 increments a portion of the related notional amount from the affected Swap Agreement on the day immediately preceding that Distribution Date until no Notional Amount Test Event will occur on the related Distribution Date. The Trustee shall assign the applicable notional amount from the Swap Agreement with the earliest maturity. In the event that two or more Swap Agreements have the same maturity date, which date is the earliest maturity date of the outstanding Swap Agreements, the Trustee shall assign the applicable notional amounts from the Swap Agreement with the lowest fixed rate. Once such notional amounts have been assigned back to the appropriate NovaStar entity, the related Swap Counterparty will have no obligation to, nor interest in, the Trust with respect to such notional amounts. Furthermore, no distributions will be made from the Supplemental Interest Trust to the related Swap Counterparty in respect of notional amounts assigned under this Section 4.03(f). Upon the occurrence of a Failed Reassignment (as defined in the applicable Swap Agreement) of all or a portion of the notional balance of a Swap Agreement, the affected portion of the notional balance of such Swap Agreement shall be immediately terminated and a Failed Reassignment Termination Payment shall be calculated in accordance with the terms of the applicable Swap Agreement and shall be payable in accordance with this Article IV. Any right of a Swap Counterparty to receive a Failed Reassignment Termination Payment shall be subject to the condition precedent that the Class C Certificates are not then serving as collateral for any outstanding NIM Notes. In no event shall the Trustee allow a Notional Amount Test Event to occur on any Distribution Date.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (NovaStar Mortgage Funding Trust, Series 2005-1), Pooling and Servicing Agreement (NovaStar Mortgage Funding Trust, Series 2004-4)

Statements. Not Each month for so long as a Class of Auction Rate Certificates is Outstanding, not later than 12:00 noon California New York time on the fourth Business Day following the last day of a Due PeriodAuction Reporting Date, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination Date, the Trustee shall deliver to the Servicer, the Depositor and to the Certificate InsurerTrustee, by telecopy, the receipt and legibility of which shall be confirmed telephonically, with a hard copy thereof to be delivered on the succeeding Distribution Business Day following the Determination Date, a statement certificate signed by a Servicing Officer stating the date (day, month and year), the “Trustee’s Series number of the Certificates, the date of this Agreement, and the amount to be distributed on the upcoming Remittance Report”) containing Date to each Class of Auction Rate Certificates as a payment of principal. Each month, not later than 12:00 noon New York time on the information set forth below (Determination Date, the Servicer shall deliver to the extent any such information Certificate Insurer and to the Trustee, by telecopy, for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit R (both in hard copy and in computer tape form) to be delivered on the Business Day following the Determination Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the Servicer pursuant to date (day, month and year), the first sentence Series number of the Certificates, the date of this Section 5.01(a) has been so delivered) with respect to such Distribution DateAgreement, and the following: (i) The Group 1 and Group 2 the Pool Available Funds and Remittance Amounts for each Certificate Rate Pool for the related Distribution Remittance Date; (ii) The the Class Principal Balance of Balances for each Class of Class A Pool I, Pool II, Pool III and Pool IV Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report Servicer's Certificate pursuant to subclause (xiixv) below, or, in the case of the first Determination Date, the Original Class Certificate Principal Balance of for each Class of Class A Certificates Pool I, Pool II, Pool III and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of the Mortgage Loans in each GroupPool IV Certificates; (iii) The the Pool Principal Distribution Amounts for each Pool for the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Pool I, Pool II, Pool III and Pool IV Certificates; (iv) the total amount of any Insured Payments and Guaranteed Supplemental Payments included in the Pool Available Remittance Amount for Pool I or Pool IV for the related Remittance Date; (v) the Subordinated Amount and Specified Subordinated Amount for the related Remittance Date, listed separately for each Pool and the Pool Available Maximum Subordinated Amount for Pool II and Pool III; (vi) the number and Principal Balances of all Mortgage Loans and of the Mortgage Loans in each Group, that Pool which were the subject of Principal Prepayments during the Due Period; (ivvii) The the amount of all Curtailments in each Group that which were received during the Due Period, stated separately for each Pool; (vviii) The principal portion the aggregate amount of all Excess Payments and the amounts of Monthly Payments for each Group in respect of principal received during the Due Period, stated separately for each Pool; (viix) The the amount of interest received on the Mortgage Loans in Loans, stated separately for each GroupPool; (viix) The the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Certificate Accounts pursuant to Section 6.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date Date, in each case stated separately for each GroupPool; (viiixi) The the delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount O, stated separately for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xi) The amount to be distributed to the Class R Certificateholders for the Distribution DatePool; (xii) The the amount of any Realized Losses incurred during the related Due Period, stated separately for each Pool; (xiii) the Pool Remittance Amounts for Pool I and Pool IV and the Class Current Interest Requirement and the Pool Principal Distribution Amount for Pool II and Pool III for the Remittance Date, in the aggregate and by component and listed separately for the portions relating to each Class of Certificates in the related Pool, any Interest Shortfall Carryforward Amount relating to each Class of Certificates and, with respect to the Auction Rate Certificates, the amount otherwise required to be distributed thereon with respect to principal and retained in the Certificate Account for Pool II pursuant to Section 6.08(f); (xiv) the Reimbursable Amounts, the Pool I and Pool II Strip Amounts and the Class X Remittance Amount payable pursuant to Section 6.08(d)(X)(v), Section 6.08(d)(Y)(xviii) and Section 6.08(d)(Z)(xviii) with respect to the Remittance Date; (xv) the Class Principal Balance of for each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Pool Principal Balance of for each Group, each Pool after giving effect to the distribution to be made on the Distribution Remittance Date and after allocation of Realized Losses made on such Remittance Date; (xiiixvi) The weighted average remaining term to maturity of the Mortgage Loans Monthly Excess Spread Percentage, the Excess Spread, and the Remainder Excess Spread Amount (in each Group case, in the aggregate and stated separately for each Pool); (xvii) the Cumulative Realized Losses, stated separately for each Pool, with respect to the Remittance Date; (xviii) the weighted average Loan Rate in maturity and weighted average Interest Rate, stated separately for each GroupPool; (xivxix) The the Servicing Fees, the Contingency Fees, the Auction Agent Fees, the Remarketing Agent Fee and amounts to be deposited to the Expense Accounts, the Insurance Accounts and the FHA Premium Account, in each case, as applicable, stated separately for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01Pool; (xvxx) The the amount of all payments or and reimbursements to the Servicer pursuant to Section 3.035.04(b), (c), (d)(ii), (e) and (f)(i), stated separately with respect to each Pool; (xvixxi) The the Class Pool Factor for each Group Class determined using the balances in subclause (iixv) above; (xviixxii) The amountthe weighted average Mortgage Interest Rate and Adjusted Mortgage Interest Rate of the Mortgage Loans for each Pool and the weighted average Class Adjusted Loan Remittance Rates for each Pool, in each case for the related Remittance Date, and the weighted average Mortgage Interest Rate for the prior three month period; (xxiii) the Class AF-6, Class AV-1, Class MV-1, Class MV-2 and Class BV Remittance Rates with respect to the Remittance Date and if any of the Class AF-6, Class AV-1, Class MV-1, Class MV-2 and Class BV Remittance Rates was based on the applicable Net Funds Cap for the related Pool, what it would have been if based on LIBOR plus the applicable Margin or the Auction Rate, as the case may be; (xxiv) the rate of LIBOR and the Auction Rate with respect to the Remittance Date; (xxv) the Net Funds Cap for the Class AF-6, Class AV-1, Class MV-1, Class MV-2 and Class BV Certificates with respect to the Remittance Date; (xxvi) if the Remittance Rate for any Class of Certificates for such Remittance Date is based on the Net Funds Cap, the amount of any Certificateholders' Interest Carryover for such Class for such Remittance Date; (xxvii) the amount of the distribution, if any, transferred allocable to Certificateholders' Interest Carryover and the amount of any Certificateholders' Interest Carryover for all prior Remittance Dates after giving effect to such distribution (in each case, stated separately by Class and in the aggregate); (xxviii) whether the Trigger Event for Pool II and Pool III and the S&P Trigger and the Pool II Cumulative Loss Trigger for Pool II is in effect; (xxix) the Senior Percentage and the Class B Percentage for the current Remittance Date; (xxx) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class of Pool II and Pool III Certificates as of the close of such Remittance Date; (xxxi) the Accelerated Principal Distribution Amount for Pool II and Pool III for such Remittance Date; (xxxii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer and/or the Certificate Insurer from the Simple Interest Excess Account to the Distribution FHA Premium Account pursuant to Section 5.03 6.06(b)(i); (xxxiii) The amount of FHA Payments and from Related Payments received during the Spread Account related Due Period, stated separately for each Pool; (xxxiv) The Reserve Amount for the related Remittance Date; (xxxv) Claims filed during the Due Period; (xxxvi) Claims paid during the Due Period; (xxxvii) Claims denied by the FHA during the Due Period; (xxxviii) Claims pending payment by the FHA during the Due Period; (xxxix) The number and Principal Balance of all Defaulted Mortgage Loans purchased during the Due Period, stated separately for each pool; (xl) The Class X Accelerated Distribution Amount and Class AF-6 Supplemental Interest Amount for such Remittance Date; and (xli) Such other information as the Certificate Insurer and the Certificateholders may reasonably require. The Trustee shall forward such report to the Distribution Certificateholders and, with respect to the report on the Pool I and Pool IV Mortgage Loans, to the Certificate Insurer on the Remittance Date, together with a separate report indicating the amount of funds deposited in each Certificate Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess 6.01(a)(iv); and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the SellerRepresentative, as appropriate, pursuant to Section 5.01(a)(ivSections 6.03(c)(i), 6.03(c)(ii), 6.04(b)(iv), 6.08(d)(X)(iii), 6.08(d)(Y) and 6.08(d)(Z) (all reports prepared by the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number Trustee of Mortgage Loans such withdrawals and deposits will be based in each Group outstanding at whole or in part upon the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Date; (xxiv) The amount of Class Interest Carryover Shortfall relating to each Class of Class A Certificates and the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principal; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make such report available information provided to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on or the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the ServicerClaims Administrator). To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report Servicer's Certificate and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may Trustee shall be entitled to rely upon the lattertelecopy. In the discretion of the Servicer, in the case of certain information furnished pursuant to subclauses (ii) and (ix) abovethe above provisions, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each per $1,000 (or, in the case of the Auction Rate Certificates, per $25,000) original dollar amount as of the Cut-Off Date. Additionally, on the Special Remittance Date the Trustee shall, based upon information received from the Servicer, forward to the Certificateholders and the Rating Agencies, a report setting forth the amount of principal and interest, if any, being paid to each Class of Certificates on the Special Remittance Date, and to the Certificate Insurer, a report setting forth such information only with respect to the Pool I and Pool IV Certificates. (a) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Certificateholder the amount of interest and principal distributed with respect to each Class of Certificates plus such other customary information as the Servicer determines to be necessary and/or required by the Internal Revenue Service to enable the Certificateholders to prepare their tax returns for such calendar year. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. (b) On each Remittance Date and the Special Remittance Date, the Trustee shall forward to the Class X and Class R Certificateholders a copy of the report forwarded to the Certificateholders of each Pool in respect of such Remittance Date or the Special Remittance Date, as the case may be, and a statement setting forth the amounts actually distributed to the Class X and Class R Certificateholders, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriate. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class X or Class R Certificateholder such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class X or R Certificateholder, as applicable. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Certificateholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Mortgage Loans sufficient to permit such Certificateholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Certificates. (e) The Servicer shall furnish to each Certificateholder and the Certificate Insurer, 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 the Certificate Insurer, 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 as the Certificateholder or the Certificate Insurer may reasonably require; provided, that the Servicer shall be entitled to be reimbursed by such Certificateholder or the Certificate Insurer for the Servicer's actual expenses incurred in providing such reports if such reports are not producible in the ordinary course of the Servicer's business.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (TMS Mortgage Inc), Pooling and Servicing Agreement (Money Store Home Equity Corp)

Statements. Not later than 12:00 noon California time on the fourth Business Day following the last day of a Due Period, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to (a) On each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination Distribution Date, the Trustee Securities Administrator shall deliver make available to the ServicerTrustee, the Depositor and to each Certificateholder, the Certificate Insurer, by telecopythe Seller, with a hard copy thereof to be delivered on the succeeding Distribution DateMaster Servicer and the Rating Agency, a statement based, as applicable, on the Remittance Report obtained from the Master Servicer (the “Trustee’s Remittance ReportDistribution Date Statement”) containing the information set forth below (as to the extent any such information distributions to be delivered by the Servicer pursuant to the first sentence of this Section 5.01(a) has been so delivered) with respect to made or made, as applicable, on such Distribution Date: (i) The the amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates allocable to interest; (iii) the Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group 1 and Group 2 Available Funds and each Certificate Rate for the related following Distribution Date; (iiiv) The Class Principal Balance the amount of each Class of Class A Certificates and servicing compensation received by the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report pursuant to subclause (xii) below, or, in the case of the first Determination Date, the Original Class Certificate Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and Servicer during the related Cut-Off Date Principal Balance of the Mortgage Loans in each Group; (iii) The number and Principal Balances of all Mortgage Loans and of the Mortgage Loans in each Group, that were the subject of Principal Prepayments during the Due Period; (iv) The amount of all Curtailments in each Group that were received during the Due Period; (v) The principal portion the aggregate amount of all Monthly Payments Advances for each Group received during the related Due PeriodPeriod and the amount of unreimbursed Advances; (vi) The amount of interest received on the Mortgage Loans in each Group[Reserved]; (vii) The amount of the Monthly Advances Loan Group Balance and the Compensating Interest payment to be made on the Determination Date related Net WAC for each Group; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xi) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Date; (xiii) The weighted average remaining term to maturity of the Mortgage Loans in each Loan Group and the weighted average Loan Rate in each Group; (xiv) The Servicing Fee for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01; (xv) The amount of all payments or reimbursements to the Servicer pursuant to Section 3.03; (xvi) The Pool Factor for each Group determined using the balances in subclause (ii) above; (xvii) The amount, if any, transferred from the Simple Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and Close of Business at the end of the related Due Period; (xxiviii) The amount on deposit in [Reserved]; (ix) for each sub-account Loan Group, the aggregate Principal Balance of the Spread Account after One-Month LIBOR Indexed Mortgage Loans at the Distribution Close of Business at the end of the related Due Period; (x) for each Loan Group, the aggregate Principal Balance of the MTA Indexed Mortgage Loans at the Close of Business at the end of the related Due Period; (xi) for each Loan Group, the number, weighted average remaining term to maturity and weighted average Loan Rate of the related Mortgage Loans as of the related Due Date; (xxiixii) The the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month; (xiii) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period; (xiv) the aggregate amount of losses experienced on the Mortgage Loans in Principal Prepayments with respect to each Loan Group made during the preceding related Prepayment Period; (xv) the aggregate amount of Realized Losses incurred during the related Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage amount of the related Cut-Off Date Principal BalanceRealized Losses; (xxiiixvi) The the Class A-2 Available Funds Carryforward, if any, Certificate Principal Balance of each Class of Certificates and the Apportioned Principal Balances of the Subordinate Certificates after giving effect to all any distributions made thereon, on such Distribution Date; (xxivxvii) The amount the Interest Distributable Amount in respect of Class Interest Carryover Shortfall relating to each Class of Certificates, for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date; (xviii) the aggregate amount of 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 A of Certificates for such Distribution Date; (xxi) the aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, and indicating the relevant section of the Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each such Mortgage 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) the amount of any Basis Risk Shortfall, if any, and the related accrued interest thereon, with respect to the LIBOR Certificates; (xxiv) the amount of compensation received by the Trustee during the related Due Period; (xxv) the amount of compensation received by the Custodian during the related Due Period; (xxvi) [Reserved]; (xxvii) for each Loan Group, the amount of Net Deferred Interest, if any, for such Loan Group; (xxviii) the amount of Net Deferred Interest, if any, added to the Certificate Principal Balance or Component Principal Balance of the related Certificates and the Class APrincipal-IO Certificates, separately stating the amount that is Only Components; (xxix) current Recoveries allocable to each such Class and Loan Group; (xxx) cumulative Recoveries allocable to each Loan Group; (xxxi) the amount allocable to interest and principalof the Certificate Insurer Reimbursement Amount, if any; and (xxvxxxii) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make such report available Deficiency Amount, if any, to the Servicer, the Depositor, the Certificateholders, be paid by the Certificate Insurer. The Securities Administrator will make the Distribution Date Statement (and, at its option, any additional files containing the Rating Agencies same information in an alternative format) available each month to Certificateholders and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its the other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇.▇▇▇on the related Distribution Date. Assistance in using the website can be obtained by calling the TrusteeSecurities Administrator’s investor relations customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method option are entitled to have a paper copy mailed to them via first class mail by calling the investor relations customer service desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee may fully rely upon and Securities Administrator shall have no liability with respect the right to information provided by change the Servicer. To way such reports are distributed in order to make such distribution more convenient and/or more accessible to the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report parties, and the hard copy issued upon request (pursuant Securities Administrator shall provide timely and adequate notification to the preceding paragraph) thereof, the Servicer may rely upon the latterall parties regarding any such change. In the case of information furnished pursuant to subclauses (iii) and (ixii) 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 Securities Administrator shall, upon written request, furnish to the Certificate Insurer and each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) and (xxi) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by 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 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.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (DSLA Mortgage Loan Trust 2004-Ar1), Pooling and Servicing Agreement (DSLA Mortgage Loan Trust 2004-Ar1)

Statements. Not later than 12:00 noon California time on the fourth Business Day following the last day of a Due Period, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to (a) On each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination Distribution Date, the Trustee Securities Administrator shall deliver make available to the ServicerTrustee, each Certificateholder, the Depositor Seller, the Master Servicer and to the Certificate Insurer, by telecopy, with a hard copy thereof to be delivered on the succeeding Distribution DateRating Agency, a statement based, as applicable, on the Remittance Report obtained from the Master Servicer (the “Trustee’s Remittance ReportDistribution Date Statement”) containing the information set forth below (as to the extent any such information distributions to be delivered by the Servicer pursuant to the first sentence of this Section 5.01(a) has been so delivered) with respect to made or made, as applicable, on such Distribution Date: (i) The the amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates allocable to interest; (iii) the Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group 1 and Group 2 Available Funds and each Certificate Rate for the related following Distribution Date; (iiiv) The Class Principal Balance the amount of each Class of Class A Certificates and servicing compensation received by the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report pursuant to subclause (xii) below, or, in the case of the first Determination Date, the Original Class Certificate Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and Servicer during the related Cut-Off Date Principal Balance of the Mortgage Loans in each Group; (iii) The number and Principal Balances of all Mortgage Loans and of the Mortgage Loans in each Group, that were the subject of Principal Prepayments during the Due Period; (iv) The amount of all Curtailments in each Group that were received during the Due Period; (v) The principal portion the aggregate amount of all Monthly Payments Advances for each Group received during the related Due PeriodPeriod and the amount of unreimbursed Advances; (vi) The amount of interest received on the Mortgage Loans in each Group[Reserved]; (vii) The amount of the Monthly Advances Loan Group Balance and the Compensating Interest payment to be made on the Determination Date related Net WAC for each Group; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xi) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Date; (xiii) The weighted average remaining term to maturity of the Mortgage Loans in each Loan Group and the weighted average Loan Rate in each Group; (xiv) The Servicing Fee for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01; (xv) The amount of all payments or reimbursements to the Servicer pursuant to Section 3.03; (xvi) The Pool Factor for each Group determined using the balances in subclause (ii) above; (xvii) The amount, if any, transferred from the Simple Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and Close of Business at the end of the related Due Period; (xxiviii) The amount on deposit in [Reserved]; (ix) for each sub-account Loan Group, the aggregate Principal Balance of the Spread Account after One-Month LIBOR Indexed Mortgage Loans at the Distribution Close of Business at the end of the related Due Period; (x) for each Loan Group, the aggregate Principal Balance of the MTA Indexed Mortgage Loans at the Close of Business at the end of the related Due Period; (xi) for each Loan Group, the number, weighted average remaining term to maturity and weighted average Loan Rate of the related Mortgage Loans as of the related Due Date; (xxiixii) The the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month; (xiii) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period; (xiv) the aggregate amount of losses experienced on the Mortgage Loans in Principal Prepayments with respect to each Loan Group made during the preceding related Prepayment Period; (xv) the aggregate amount of Realized Losses incurred during the related Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage amount of the related Cut-Off Date Principal BalanceRealized Losses; (xxiiixvi) The the Class A-2 Available Funds Carryforward, if any, Certificate Principal Balance of each Class of Certificates and the Apportioned Principal Balances of the Subordinate Certificates after giving effect to all any distributions made thereon, on such Distribution Date; (xxivxvii) The amount the Interest Distributable Amount in respect of Class Interest Carryover Shortfall relating to each Class of Certificates, for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date; (xviii) the aggregate amount of 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 A of Certificates for such Distribution Date; (xxi) the aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, and indicating the relevant section of the Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each such Mortgage 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) the amount of any Basis Risk Shortfall, if any, and the related accrued interest thereon, with respect to the LIBOR Certificates; (xxiv) [reserved]; (xxv) [reserved]; (xxvi) [reserved]; (xxvii) for each Loan Group, the amount of Net Deferred Interest, if any, for such Loan Group; (xxviii) the amount of Net Deferred Interest, if any, added to the Certificate Principal Balance or Component Principal Balance of the related Certificates and the Class APrincipal-IO Certificates, separately stating the amount that is Only Components; (xxix) current Recoveries allocable to each such Class and the amount allocable to interest and principalLoan Group; and (xxvxxx) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereofcumulative Recoveries allocable to each Loan Group. The Trustee shall Securities Administrator will make such report the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Servicer, other parties to this Agreement via the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇.▇▇▇on the related Distribution Date. Assistance in using the website can be obtained by calling the TrusteeSecurities Administrator’s investor relations customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method option are entitled to have a paper copy mailed to them via first class mail by calling the investor relations customer service desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee may fully rely upon and Securities Administrator shall have no liability with respect the right to information provided by change the Servicer. To way such reports are distributed in order to make such distribution more convenient and/or more accessible to the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report parties, and the hard copy issued upon request (pursuant Securities Administrator shall provide timely and adequate notification to the preceding paragraph) thereof, the Servicer may rely upon the latterall parties regarding any such change. In the case of information furnished pursuant to subclauses (iii) and (ixii) 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 Securities Administrator shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) and (xxi) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by 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 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.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Greenwich Dsla Mortgage Loan Trust 2005-Ar1), Pooling and Servicing Agreement (DSLA Mortgage Loan Trust 2005-Ar4)

Statements. Not later than 12:00 noon California time (a) On each Distribution Date, based solely on the fourth Business Day following the last day of a Due Period, information provided to it by the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the in its Determination DateDate Report, the Trustee shall deliver prepare and make available to each Holder of the ServicerRegular Certificates, the Depositor Swap Counterparties, the Cap Counterparties, the Servicer and to the Certificate Insurer, by telecopy, with a hard copy thereof to be delivered on the succeeding Distribution DateRating Agencies, a statement (the “Trustee’s Remittance Report”) containing the information set forth below (as to the extent any such information to be delivered by the Servicer pursuant to the first sentence of this Section 5.01(a) has been so delivered) with respect to distributions made on such Distribution Date: (i) The Group 1 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 Group 2 Available Funds and each Certificate Rate for the related Distribution Dateamount of the distribution made to the Holders of the Class C Certificates allocable to Prepayment Charges; (ii) The Class Principal Balance the amount of the distribution made on such Distribution Date to the Holders of each Class of Class A Regular Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report pursuant allocable to subclause (xii) belowinterest, or, in the case of the first Determination Date, the Original Class Certificate Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of the Mortgage Loans in each Groupseparately identified; (iii) The number and Principal Balances the Pool Balance of all the Group I Mortgage Loans and of the Group II Mortgage Loans in each Group, that were the subject of Principal Prepayments during the Due Period; (iv) The amount of all Curtailments in each Group that were received during the Due Period; (v) The principal portion of all Monthly Payments for each Group received during the Due Period; (vi) The amount of interest received on the Mortgage Loans in each Group; (vii) The amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date for each Group; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xi) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Date; (xiii) The weighted average remaining term to maturity of the Mortgage Loans in each Group and the weighted average Loan Rate in each Group; (xiv) The Servicing Fee for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01; (xv) The amount of all payments or reimbursements to the Servicer pursuant to Section 3.03; (xvi) The Pool Factor for each Group determined using the balances in subclause (ii) above; (xvii) The amount, if any, transferred from the Simple Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and Close of Business at the end of the related Due Period; (xxiiv) The amount on deposit in each sub-account the number, aggregate principal balance, and weighted average Mortgage Rate of the Spread Account after Mortgage Loans as of the Distribution Daterelated Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment Period; (xxiiv) The amount the number and aggregate unpaid principal balance of losses experienced on the Mortgage Loans (identified by Group) that (A) were 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 that (i) are not Delinquent, and (ii) are Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (C) are related to a REO Property and that (i) are not Delinquent and (ii) are Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days and (D) are related to a Mortgagor that was subject to a bankruptcy proceeding and that (i) are not Delinquent and (ii) are Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each Group case on a contractual and bankruptcy legal basis; (vi) the aggregate amount of Principal Prepayments made during the preceding Due related Prepayment Period; (vii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative losses for the Mortgage Loans in each Group as a percentage amount of the related Cut-Off Date Principal BalanceRealized Losses; (xxiiiviii) The the Certificate Principal Balance of each class of the Class A-2 Available Funds Carryforward, if anyA Certificates and each class of the Mezzanine Certificates, after giving effect to all the distributions made on such Distribution Date; (xxivix) The amount of Class the Unpaid Interest Carryover Shortfall relating Amount, if any, with respect to each Class class of the Class A Certificates and each class of the Mezzanine Certificates for such Distribution Date; (x) 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 3.25; (xi) the Credit Enhancement Percentage for such Distribution Date; (xii) the Available Funds Cap Carryforward Amount for each class of the Class A-IO A Certificates and each class of the Mezzanine Certificates (excluding the Class M-9 DSI Certificates, separately stating the amount that is allocable to each Class M-10 DSI Certificates, Class M-11 DSI Certificates and Class M-12 DSI Certificates) if any, for such Class Distribution Date and the amount allocable remaining unpaid after reimbursements therefor on such Distribution Date; (xiii) the respective Pass-Through Rates applicable to interest each class of the Class A Certificates and principaleach class of the Mezzanine Certificates for such Distribution Date and the Pass-Through Rate applicable to each class of the Class A Certificates and each class of the Mezzanine Certificates for the immediately succeeding Distribution Date; (xiv) the Supplemental Interest Payment for each Class on such Distribution Date; (xv) the difference between (x) the sum of (i) the aggregate notional amount of the Swap Agreements and (ii) the aggregate notional amount of the Cap Agreements and (y) the aggregate Certificate Principal Balance of the Class A Certificates and Mezzanine Certificates on such Distribution Date; (xvi) the Required Overcollateralization Amount for such Distribution Date; (xvii) the Excess Cashflow for such Distribution Date; (xviii) the aggregate amount of Scheduled Principal Payments made during the related Due Period; (xix) the aggregate amount of Principal Prepayments made during the related Due Period in which the related Mortgagor paid the related Mortgage Loan in full; (xx) the aggregate amount of Principal Prepayments in part made during the related Prepayment Period; (xxi) the number and the aggregate principal balance of all Liquidated Mortgage Loans for the related Prepayment Period; (xxii) the aggregate amount of Net Liquidation Proceeds received during the related Prepayment Period; (xxiii) the dollar amount of claims made, amounts paid by the MI Insurer in respect of claims made, and premiums due and paid under the MI Policy; and (xxvxxiv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make such report available amount equal to the Servicer, difference between (x) the Depositor, Class I Monthly Interest Distributable Amount and (y) any amounts received by the Certificateholders, Supplemental Interest Trust from the Certificate Insurer, the Rating Agencies Swap Counterparties and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance Cap Counterparties in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy respect of the computer tape delivered by Swap Agreements and Cap Agreements, respectively; provided, however, that if the Servicer on resulting number is a negative number, then the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer. To the extent that there are inconsistencies between the telecopy absolute value of the Trustee’s Remittance Report and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may rely upon the lattersuch negative number. In the case of information furnished pursuant to subclauses (iii) and (ixii) 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 CutClosing Date. The Trustee may, in the absence of manifest error, conclusively rely upon the Determination Date Report of the Servicer in its preparation of the statement to Certificateholders pursuant to this Section 4.03. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) 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 forward to 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 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 post on its website at [ ], which posting shall be accessible to each Certificateholder, the Swap Counterparties, and the Cap Counterparties, the statement prepared pursuant to paragraph (a) of this Section 4.03. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at ▇-Off Date▇▇▇-▇▇▇-▇▇▇▇. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by providing a written request of such to the Trustee at is Corporate Trust office. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The Trustee shall not have any responsibility to (i) verify information provided by the Servicer to be included in such statement or (ii) include any information required to be included in such statement if the Servicer has failed to timely produce such information to the Trustee, as required pursuant hereto.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (NovaStar Certificates Financing CORP), Pooling and Servicing Agreement (NovaStar Certificates Financing LLC)

Statements. Not Each month, not later than 12:00 noon California New York time on the fourth Business Day following the last day of a Due PeriodDetermination Date, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination Date, the Trustee shall deliver to the Servicer, the Depositor and to the Certificate InsurerTrustee, by telecopy, for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with a hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit L (both in hard copy and in computer tape form) to be delivered on the succeeding Distribution Business Day following the Determination Date, a statement certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the “Trustee’s Remittance Report”) containing date (day, month and year), the information set forth below (to Series number of the extent any such information to be delivered by Certificates, the Servicer pursuant to the first sentence date of this Section 5.01(a) has been so delivered) with respect to Agreement, and, as of the close of business on the Record Date for such Distribution Datemonth: (i) The Group 1 and Group 2 Available Funds and each Certificate Rate for the related Distribution Remittance Date, in the aggregate and by component; (ii) The Aggregate Class A Certificate Principal Balance, the Aggregate Class B Certificate Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Pool Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report Servicer's Certificate pursuant to subclause (xii) below, or, in the case of the first Determination Date, the Original Class A and Class B Certificate Principal Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Pool Principal Balance of the Mortgage Loans in each GroupBalance; (iii) The number and Principal Balances of all Mortgage SBA Loans and of the Mortgage Loans in each Group, that which were the subject of Principal Prepayments during the Due Period and the number and Principal Balances of all Defaulted SBA Loans purchased by the Servicer during the Due Period; (iv) The amount product of the Unguaranteed Percentage multiplied by all Curtailments in each Group that which were received during the Due Period; (v) The principal portion product of the Unguaranteed Percentage multiplied by all Excess Payments and the product of the Unguaranteed Percentage multiplied by all Monthly Payments for each Group in respect of principal received during the Due Period; (vi) The aggregate amount of interest received on each SBA Loan net of the Mortgage Loans in each GroupFTA's Fee, the Premium Protection Fee, the Additional Fee and the portion thereof payable to the Registered Holders; (vii) The amount of the Monthly Advances to be made on the Determination Date and the Compensating Interest payment to be made on the Determination Date for each GroupDate; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit LK; (ix) The Remittance Amount for each Class product of the Unguaranteed Percentage multiplied by the amount of any losses realized on a Liquidated SBA Loan; (x) The Class A and Class A-IO Certificates B Interest Distribution Amounts and Principal Distribution Amounts for the Distribution Remittance Date with the components thereof stated separately; (xxi) The amount of the Insured Amounts for each Groupamount, if any, to be paid on transferred from the Distribution Date; (xi) The amount to be distributed Spread Account to the Class R Certificateholders for the Distribution DateCertificate Account pursuant to Section 6.02(b)(i); (xii) The Aggregate Class A Certificate Principal Balance, Aggregate Class B Certificate Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Pool Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Remittance Date; (xiii) The weighted average remaining term to maturity of the Mortgage Loans in each Group Excess Spread and the weighted average Loan Rate in each GroupSpecified Spread Account Requirement with respect to such Remittance Date; (xiv) The Servicing Fee for each Group weighted average maturity and the amount to be paid to the Certificate Insurer pursuant to Section 5.01weighted average SBA Loan Interest Rate; (xv) The Servicing Fees and amounts to be deposited to the Expense Account; (xvi) The amount of all payments or and reimbursements to the Servicer pursuant to Section 3.03; 5.04 (xvib), (c), (d)(ii), (e) The Pool Factor for each Group determined using the balances in subclause and (ii) abovef); (xvii) The amountClass A and Class B Remittance Rates with respect to such Remittance Date; and (xviii) During the Funding Period, if any, transferred from the Simple Interest Excess aggregate Principal Balance of the Subsequent SBA Loans purchased during the prior Due Period and the amount on deposit in the Pre-Funding Account as of the end of such Due Period; and (xix) Such other information as the Certificateholders or the Rating Agency may reasonably require. The Trustee shall forward such report to the Distribution Certificateholders and the Rating Agency on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Certificate Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess 6.01(a)(iv); and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, Seller pursuant to Section 5.01(a)(ivSections 6.03(c)(i), 6.03(c)(ii) and 6.07(b)(vi) (all reports prepared by the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number Trustee of Mortgage Loans such withdrawals and deposits will be based in each Group outstanding at whole or in part upon the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Date; (xxiv) The amount of Class Interest Carryover Shortfall relating to each Class of Class A Certificates and the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principal; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make such report available information provided to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer). To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report Servicer's Certificate and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may Trustee shall be entitled to rely upon the lattertelecopy. In the case of information furnished pursuant to subclauses (ii), (iii), (iv), (v), (x) and (ix) xii), above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each per $1,000 original dollar amount as of the Cut-Off Date. Additionally, on the Special Remittance Date the Trustee shall, based upon information received from the Servicer, forward to the Certificateholders and the Rating Agency a report setting forth the amount of principal and interest, if any, being paid to each Class of Certificates on the Special Remittance Date. (a) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Certificateholder such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (vi), (x), and (xiv), above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. (b) Upon reasonable advance notice in writing, the Servicer will provide to each Certificateholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the SBA Loans sufficient to permit such Certificateholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Certificates. (c) The Servicer shall furnish to each Certificateholder, 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 as the Certificateholder may reasonably require; provided, that the Servicer shall be entitled to be reimbursed by such Certificateholder for the Servicer's actual expenses incurred in providing such reports if such reports are not producible in the ordinary course of the Servicer's business. The Rating Agency shall receive copies of any such reports or information furnished to the Certificateholders.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (BLC Financial Services Inc), Pooling and Servicing Agreement (BLC Financial Services Inc)

Statements. Not later than 12:00 noon California time (a) On each Distribution Date, based, as applicable, on the fourth Business Day following the last day of a Due Period, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as contained in the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination DateRemittance Report, the Trustee shall deliver to the Servicer, the Depositor prepare and to the Certificate Insurer, by telecopy, with a hard copy thereof to be delivered on the succeeding Distribution Date, a statement (the “Trustee’s Remittance Report”) containing the information set forth below (to the extent any such information to be delivered by the Servicer pursuant to the first sentence of this Section 5.01(a) has been so delivered) with respect to such Distribution Date: (i) The Group 1 and Group 2 Available Funds and each Certificate Rate for the related Distribution Date; (ii) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report pursuant to subclause (xii) below, or, in the case of the first Determination Date, the Original Class Certificate Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of the Mortgage Loans in each Group; (iii) The number and Principal Balances of all Mortgage Loans and of the Mortgage Loans in each Group, that were the subject of Principal Prepayments during the Due Period; (iv) The amount of all Curtailments in each Group that were received during the Due Period; (v) The principal portion of all Monthly Payments for each Group received during the Due Period; (vi) The amount of interest received on the Mortgage Loans in each Group; (vii) The amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date for each Group; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xi) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Date; (xiii) The weighted average remaining term to maturity of the Mortgage Loans in each Group and the weighted average Loan Rate in each Group; (xiv) The Servicing Fee for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01; (xv) The amount of all payments or reimbursements to the Servicer pursuant to Section 3.03; (xvi) The Pool Factor for each Group determined using the balances in subclause (ii) above; (xvii) The amount, if any, transferred from the Simple Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Date; (xxiv) The amount of Class Interest Carryover Shortfall relating to each Class of Class A Certificates and the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principal; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make such report available to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) post on its internet website located at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (/▇▇▇, a statement as to the distributions made on such Distribution Date: (i) ▇▇▇-▇▇▇▇. Parties that are unable the amount of the distribution made on such Distribution Date to use the above Holders of each Class of Certificates allocable to principal or reduction of Notional Amount, separately identified; (ii) the amount of the distribution method are entitled made on such Distribution Date to have a paper copy mailed the Holders of each Class of Certificates allocable to them via first class mail by calling interest or Class X Distributable Amount, separately identified; (iii) the investor relations desk and indicating such. In addition, together with such reportOvercollateralization Amount, the Trustee shall forward to Bloomberg a copy Overcollateralization Release Amount, the Overcollateralization Deficiency and the Targeted Overcollateralization Amount as of such Distribution Date and the computer tape delivered Monthly Excess Interest Amount and Monthly Excess Cashflow Amount for such Distribution Date; (iv) the aggregate amount of servicing compensation received by the Servicer on during the Distribution Date. The Trustee may fully rely upon related Collection Period; (v) the aggregate amount of Advances for the related Collection Period; (vi) the Pool Balance and shall have no liability with respect to information provided by the Servicer. To Loan Group Balance for each Loan Group at the extent that there are inconsistencies between close of business at the telecopy end of the Trustee’s Remittance Report and the hard copy issued upon request related Collection Period; (pursuant to the preceding paragraphvii) thereofseparately stated for each Loan Group, the Servicer may rely upon the latter. In the case of information furnished pursuant number, weighted average remaining term to subclauses (ii) maturity and (ix) above, the amounts shall be expressed in a separate section weighted average Mortgage Interest Rate of the report as a dollar amount for each Class for each $1,000 original dollar amount Mortgage Loans as of the Cut-Off related Due Date.; (viii) separately stated for each Loan Group, the number and aggregate unpaid principal balance of Mortgage Loans (a) 30 to 59 days past due on a contractual basis, (b) 60 to 89 days past due on a contractual basis, (c) 90 or more days past due on a contractual basis,

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Inc C-Bass 2004-Cb6 Trust)

Statements. Not Each month, not later than 12:00 noon California time on the fourth Business Day following the last day of a Due Period, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California New York time on the Determination Date, the Trustee Trust Administrator shall deliver to the Servicer, the Depositor and to the Certificate InsurerTrustee, by telecopy, for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with a hard copy thereof to be delivered on the succeeding Distribution Business Day following the Determination Date, a statement certificate signed by an officer of the Trust Administrator (a " Trust Administrator's Certificate") stating the “Trustee’s Remittance Report”) containing date (day, month and year), the information set forth below (to Series number of the extent any such information to be delivered by Certificates, the Servicer pursuant to the first sentence date of this Section 5.01(a) has been so delivered) with respect to such Distribution DateAgreement, and the following: (i) The Group 1 and Group 2 the Pool Available Funds and each Certificate Rate Remittance Amounts for the related Distribution Remittance Date; (ii) The the Class Principal Balance of Balances for each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report Trust Administrator's Certificate pursuant to subclause (xiixv) below, or, in the case of the first Determination Date, the Original Class Certificate Principal Balance of each Class of Class A Certificates and the Original Notional Balance of for each Class of Class A-IO Certificates , Class M and the related Cut-Off Date Principal Balance of the Mortgage Loans in each GroupClass B Certificates; (iii) The the Pool Principal Distribution Amounts for the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Certificates; (iv) the amounts on deposit in the Spread Account and the Supplemental Account, if any, both before and after all distributions are made therefrom on the related Remittance Date; (v) the Pool Subordinated Amount and Pool Specified Subordinated Amount for the related Remittance Date, and the Pool Available Maximum Subordinated Amount; (vi) the number and Principal Balances of all Mortgage Loans and of the Mortgage Loans in each Group, that which were the subject of Principal Prepayments during the Due Period; (ivvii) The the amount of all Curtailments in each Group that which were received during the Due Period; (vviii) The principal portion the aggregate amount of all Excess Payments and the amounts of Monthly Payments for each Group in respect of principal received during the Due Period; (viix) The the amount of interest received on the Mortgage Loans in each GroupLoans; (viix) The the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Certificate Account pursuant to Section 6.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date for each GroupDate; (viiixi) The the delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xi) The amount to be distributed to the Class R Certificateholders for the Distribution DateO; (xii) The the amount of any Realized Losses incurred during the related Due Period; (xiii) the Class Current Interest Requirement and the Pool Principal Distribution Amount for the Remittance Date, in the aggregate and by component and listed separately for the portions relating to each Class of Certificates, and any Interest Shortfall Carryforward Amount relating to each Class of Certificates; (xiv) the Reimbursable Amounts and the Class X Remittance Amount payable pursuant to Section 6.08(d)(Z)(xix) with respect to the Remittance Date; (xv) the Class Principal Balance of for each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Pool Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Remittance Date and after allocation of Realized Losses made on such Remittance Date; (xiiixvi) The weighted average remaining term the Monthly Excess Spread Percentage, the Excess Spread, and the Remainder Excess Spread Amount; (xvii) the Cumulative Realized Losses with respect to maturity of the Mortgage Loans in each Group and Remittance Date; (xviii) the weighted average Loan Rate in each Groupmaturity and weighted average Interest Rate; (xivxix) The the Servicing Fee for each Group Fees, the Contingency Fees, and amounts to be deposited to the Expense Account and the amount to be paid to the Certificate Insurer pursuant to Section 5.01FHA Premium Account; (xvxx) The the amount of all payments or and reimbursements to the Servicer pursuant to Section 3.035.04(b), (c), (d)(ii), (e) and (f)(i); (xvixxi) The the Class Pool Factor for each Group Class determined using the balances in subclause (iixv) above; (xviixxii) The the weighted average Mortgage Interest Rate and Adjusted Mortgage Interest Rate of the Mortgage Loans and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Mortgage Interest Rate for the prior three month period; (xxiii) the Remittance Rate for each Class of Certificates with respect to the Remittance Date and if the Remittance Rate for any Class of Certificates was based on the Net Funds Cap, what it would have been if based on LIBOR plus the applicable Margin; (xxiv) the rate of LIBOR with respect to the Remittance Date; (xxv) the Net Funds Cap for the Certificates with respect to the Remittance Date; (xxvi) if the Remittance Rate for any Class of Certificates for such Remittance Date is based on the Net Funds Cap, the amount of any Supplemental Payment to each such Class and any remaining Certificateholders' Interest Carryover for such Class or Classes after such Supplemental Payment is made for such Remittance Date; (xxvii) the amount of the distribution, if any, allocable to Certificateholders' Interest Carryover and the amount of any Certificateholders' Interest Carryover for all prior Remittance Dates after giving effect to such distribution (in each case, stated separately by Class and in the aggregate); (xxviii) whether the Trigger Event is in effect; (xxix) the Class A Percentage, the Class MH-1 Percentage, the Class MH-2 Percentage and the Class B Percentage for the current Remittance Date; (xxx) the amount of any Pool Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class of Certificates as of the close of such Remittance Date; (xxxi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxxii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 6.06(b)(i); (xxxiii) the amount of FHA Payments and Related Payments received during the related Due Period; (xxxiv) the Reserve Amount for the related Remittance Date; (xxxv) Claims filed during the Due Period; (xxxvi) Claims paid during the Due Period; (xxxvii) Claims denied by the FHA during the Due Period; (xxxviii) Claims pending payment by the FHA during the Due Period; (xxxix) the number and Principal Balance of all Defaulted Mortgage Loans purchased during the Due Period; (xl) the amount, if any, transferred from of a Rate Agreement Payment received by the Simple Interest Excess Account Supplemental Trust on such Remittance Date; and (xli) such other information as the Trustee may reasonably require. The Trustee shall forward such report to the Distribution Certificateholders on the Remittance Date, together, if requested by a Certificateholder, with a separate report indicating the amount of funds deposited in the first sub-account of the Certificate Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess 6.01(a)(iv); and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the SellerRepresentative, as appropriate, pursuant to Section 5.01(a)(ivSections 6.03(c)(i), 6.03(c)(ii) and 6.08(d)(Z) (all reports prepared by the amount paid Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Date; (xxiv) The amount of Class Interest Carryover Shortfall relating to each Class of Class A Certificates and the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principal; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make such report available to by the Servicer, the Depositor, Trust Administrator or the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the ServicerClaims Administrator). To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report Trust Administrator's Certificate and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may Trustee shall be entitled to rely upon the lattertelecopy. In the discretion of the Trust Administrator, in the case of certain information furnished pursuant to subclauses (ii) and (ix) abovethe above provisions, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each per $1,000 25,000 original dollar amount as of the Cut-Off Date. Each month, not later than the third Business Day prior to the Determination Date occurring in such month, the Servicer shall deliver to the Trust Administrator the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit R (both in hard copy and in computer tape form). The Trust Administrator may rely fully upon and shall have no liability with respect to any information provided to it by the Servicer. The Trust Administrator shall not be obligated to verify, recompute, reconcile or confirm any information contained in the Servicer's Monthly Computer Tape or otherwise provided by the Servicer. In making any payments or distributions required to be made by them pursuant to any of the provisions hereof, the Trustee shall make such payments and distributions based solely upon the information contained in the Trust Administrator's Certificate or, if such information is not included in the Trust Administrator's Certificate, upon written instructions of the Servicer or the Trust Administrator. The Trustee may rely fully upon and shall have no liability with respect to any such information provided to it by the Servicer or the Trust Administrator. The Trustee shall not be obligated to verify, recompute, reconcile or confirm any information contained in any Trust Administrator's Certificate or otherwise provided by the Trust Administrator or the Servicer. (a) Within a reasonable period of time after the end of each calendar year, the Trust Administrator shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Certificateholder the amount of interest and principal distributed with respect to each Class of Certificates plus such other customary information as the Trust Administrator determines to be necessary and/or required by the Internal Revenue Service to enable the Certificateholders to prepare their tax returns for such calendar year. Such obligation of the Trust Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trust Administrator pursuant to any requirements of the Code as from time to time are in force. (b) On each Remittance Date, the Trustee shall forward to the Class X and Class R Certificateholders a copy of the report forwarded to the Class A, Class M and Class B Certificateholders in respect of such Remittance Date, as the case may be, and a statement, prepared by the Servicer or the Trust Administrator, setting forth the amounts actually distributed to the Class X and Class R Certificateholders, on such Remittance Date together with such other information as the Servicer or Trust Administrator provides and deems necessary or appropriate. (c) Within a reasonable period of time after the end of each calendar year, the Trust Administrator shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class X or Class R Certificateholder such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class X or R Certificateholder, as applicable. Such obligation of the Trust Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trust Administrator pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Certificateholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Mortgage Loans sufficient to permit such Certificateholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Certificates. (e) The Servicer shall furnish to each Certificateholder, 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 as the Certificateholder may reasonably require; provided, that the Servicer shall be entitled to be reimbursed by such Certificateholder for the Servicer's actual expenses incurred in providing such reports if such reports are not producible in the ordinary course of the Servicer's business.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Money Store Home Equity Corp)

Statements. Not later than 12:00 noon California time (a) On each Distribution Date, based, as applicable, on information provided to it by the fourth Business Day following the last day of a Due Period, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination DateServicer, the Trustee shall deliver prepare and make available to each Holder of the ServicerRegular Certificates, the Depositor Servicer and to the Certificate Insurer, by telecopy, with a hard copy thereof to be delivered on the succeeding Distribution DateRating Agencies, a statement (the “Trustee’s Remittance Report”) containing the information set forth below (as to the extent any such information to be delivered by the Servicer pursuant to the first sentence of this Section 5.01(a) has been so delivered) with respect to distributions made on such Distribution Date: (i) The Group 1 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; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class ARR Certificates) allocable to interest, separately identified; (iii) the Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and Group 2 Available Funds the Overcollateralization Target Amount as of such Distribution Date and each Certificate Rate the Excess Overcollateralized Amount for the related Mortgage Pool for such Distribution Date; (iiiv) The Class Principal Balance the aggregate amount of each Class of Class A Certificates and servicing compensation received by the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report pursuant Servicer with respect to subclause (xii) below, or, in the case of the first Determination Date, the Original Class Certificate Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of Due Period and such other customary information as the Mortgage Loans in each Group; (iii) The number and Principal Balances of all Mortgage Loans and of the Mortgage Loans in each GroupTrustee deems necessary or desirable, that were the subject of Principal Prepayments during the Due Period; (iv) The amount of all Curtailments in each Group that were received during the Due Periodor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) The principal portion the aggregate amount of all Monthly Payments Advances for each Group received during the related Due Period; (vi) The amount of interest received on the Mortgage Loans in each Group; (vii) The amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date for each Group; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xi) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Principal Pool Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Date; (xiii) The weighted average remaining term to maturity of the Mortgage Loans in each Group and the weighted average Loan Rate in each Group; (xiv) The Servicing Fee for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01; (xv) The amount of all payments or reimbursements to the Servicer pursuant to Section 3.03; (xvi) The Pool Factor for each Group determined using the balances in subclause (ii) above; (xvii) The amount, if any, transferred from the Simple Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and Close of Business at the end of the related Due Period; (xxivii) The amount on deposit the number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date; (viii) the number and aggregate unpaid principal balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 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 sub-account case as of the Spread Close of Business on the last day of the calendar month preceding such Distribution Date and (D) REO Properties; (ix) [reserved] (x) the total number and cumulative principal balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period; (xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses; (xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account after the for such Distribution Date; (xxiixiv) The amount the Certificate Principal Balance of losses experienced on the Mortgage Loans in each Group during Class A Certificates, the preceding Due Period Mezzanine Certificates, the Class ARR Certificates and the cumulative losses for Class C Certificates and the Mortgage Loans in each Group as a percentage Notional Amount of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if anyS Certificates, after giving effect to all the distributions made on such Distribution Date; (xxivxv) The amount the Monthly Interest Distributable Amount in respect of Class Interest Carryover Shortfall relating to each Class of Class A Certificates, the Class S Certificates, each Class of Mezzanine Certificates and the Class A-IO C Certificates for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates, separately stating the Class S Certificates and the Mezzanine Certificates for such Distribution Date; (xvi) the aggregate amount that is allocable of any Prepayment Interest Shortfalls for such Distribution Date, to each 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 the Class A Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount allocable remaining unpaid after reimbursements therefor on such Distribution Date; (xix) the Overcollateralization Target Amount, any Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to interest and principalthe distribution of principal on such Distribution Date; (xx) when the Stepdown Date or a Trigger Event has occurred; (xxi) the Available Funds; and (xxvxxii) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred the respective Pass-Through Rates applicable to the Class A Certificates, the Class S Certificates, each Class of Mezzanine Certificates and specifying the details thereofClass C Certificates for such Distribution Date and the Pass-Through Rate applicable to the Class A Certificates, the Class S Certificates and each Class of Mezzanine Certificates for the immediately succeeding Distribution Date. 106 The Trustee shall will make such report statement (and, at its option, any additional files containing the same information in an alternative format) available each month to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, Certificateholders and the Rating Agencies and Bloomberg (via the Trustee's internet website. The Trustee's internet website shall initially be located at ▇▇▇ ▇▇▇▇ "h▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date/▇▇▇▇". Assistance in using the website can be obtained by calling the Trustee’s investor relations 's customer service desk at (▇▇▇800) ▇▇▇735-▇▇▇▇7777. Parties that are unable to use the above distribution method option are entitled to have a paper copy mailed to them via first class mail by calling the investor relations customer service desk and indicating such. In addition, together with The Trustee shall have the right to change the way such reportstatements 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 shall forward to Bloomberg may require registration and the acceptance of a copy of the computer tape delivered by the Servicer on the Distribution Datedisclaimer. The Trustee may fully will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely upon and on but shall have no liability with respect to not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Servicer. To Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the extent that there are inconsistencies between the telecopy part of the Trustee’s Remittance Report and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may rely upon the latterany other party thereto). In the case of information furnished pursuant to subclauses (iii) and through (ixiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-Off off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Trustee shall make available to 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 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 Ser 2003-1)

Statements. Not Each month, not later than 12:00 noon California New York time on the fourth Business Day following the last day of a Due PeriodDetermination Date, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination Date, the Trustee shall deliver to the Servicer, the Depositor and to the Certificate InsurerTrustee, by telecopy, for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with a hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit L (both in hard copy and in computer tape form) to be delivered on the succeeding Distribution Business Day following the Determination Date, a statement certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the “Trustee’s Remittance Report”) containing date (day, month and year), the information set forth below (to Series number of the extent any such information to be delivered by Certificates, the Servicer pursuant to the first sentence date of this Section 5.01(a) has been so delivered) with respect to Agreement, and, as of the close of business on the Record Date for such Distribution Datemonth: (i) The Group 1 and Group 2 Available Funds and each Certificate Rate for the related Distribution Remittance Date; (ii) The Aggregate Class A Certificate Principal Balance, the Aggregate Class B Certificate Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Pool Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report Servicer's Certificate pursuant to subclause (xii) below, or, in the case of the first Determination Date, the Original Class A and Class B Certificate Principal Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Pool Principal Balance of the Mortgage Loans in each GroupBalance; (iii) The number and Principal Balances of all Mortgage SBA Loans and of the Mortgage Loans in each Group, that which were the subject of Principal Prepayments during the Due Period; (iv) The amount product of the Unguaranteed Percentage multiplied by all Curtailments in each Group that which were received during the Due Period; (v) The principal portion product of the Unguaranteed Percentage multiplied by all Excess Payments and the product of the Unguaranteed Percentage multiplied by all Monthly Payments for each Group in respect of principal received during the Due Period; (vi) The aggregate amount of interest received on each SBA Loan net of the Mortgage Loans in each GroupFTA's Fee, the Premium Protection Fee, the Additional Fee and the portion thereof payable to the Registered Holders; (vii) The amount of the Monthly Advances to be made on the Determination Date and the Compensating Interest payment to be made on the Determination Date for each GroupDate; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit LK; (ix) The Remittance Amount for each Class product of the Unguaranteed Percentage multiplied by the amount of any losses realized on a Liquidated SBA Loan; (x) The Class A and Class A-IO Certificates B Interest Distribution Amounts and Principal Distribution Amounts for the Distribution Remittance Date with the components thereof stated separately; (xxi) The amount available in the Spread Account as of the Insured Amounts for each Grouprelated Record Date in cash and from liquidation of Permitted Instruments and the amount, if any, to be paid on transferred from the Distribution Date; (xi) The amount to be distributed Spread Account to the Class R Certificateholders for the Distribution DateCertificate Account pursuant to Section 6.02(b)(i); (xii) The Aggregate Class A Certificate Principal Balance, Aggregate Class B Certificate Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Pool Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Remittance Date; (xiii) The weighted average remaining term to maturity of Excess Spread, the Mortgage Loans in each Group Spread Balance and the weighted average Loan Rate in each GroupSpecified Spread Account Requirement with respect to such Remittance Date; (xiv) The Servicing Fee for each Group weighted average maturity and the amount to be paid to the Certificate Insurer pursuant to Section 5.01weighted average SBA Loan Interest Rate; (xv) The Servicing Fees and amounts to be deposited to the Expense Account; (xvi) The amount of all payments or and reimbursements to the Servicer pursuant to Section 3.03; 5.04 (xvib), (c), (d)(ii), (e) The Pool Factor for each Group determined using the balances in subclause and (ii) abovef); (xvii) The amount, if any, transferred from the Simple Interest Excess Account Class A and Class B Remittance Rates with respect to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01such Remittance Date; (xviii) The percentage During the Funding Period, the aggregate Principal Balance of the related Excess Spread used to determine Subsequent SBA Loans purchased during the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess prior Due Period and the allocation amount on deposit in the Pre-Funding Account as of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01;end of such Due Period; and (xix) Such other information as the Certificateholders or the Rating Agencies may reasonably require. The Trustee shall forward such report to the Certificateholders and the Rating Agencies on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Certificate Account pursuant to Section 6.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Seller, as appropriate, Seller pursuant to Section 5.01(a)(ivSections 6.03(c)(i), 6.03(c)(ii) and 6.07(b)(vi) (all reports prepared by the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number Trustee of Mortgage Loans such withdrawals and deposits will be based in each Group outstanding at whole or in part upon the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Date; (xxiv) The amount of Class Interest Carryover Shortfall relating to each Class of Class A Certificates and the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principal; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make such report available information provided to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer). To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report Servicer's Certificate and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may Trustee shall be entitled to rely upon the lattertelecopy. In the case of information furnished pursuant to subclauses (ii), (iii), (iv), (v), (x) and (ix) xii), above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each per $1,000 original dollar amount as of the Cut-Cut- Off Date. Additionally, on the Special Remittance Date the Trustee shall, based upon information received from the Servicer, forward to the Certificateholders and the Rating Agencies a report setting forth the amount of principal and interest, if any, being paid to each Class of Certificates on the Special Remittance Date. (a) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Certificateholder such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (vi), (x), and (xiv), above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. (b) Upon reasonable advance notice in writing, the Servicer will provide to each Certificateholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the SBA Loans sufficient to permit such Certificateholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Certificates. (c) The Servicer shall furnish to each Certificateholder, 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 as the Certificateholder may reasonably require; provided, that the Servicer shall be entitled to be reimbursed by such Certificateholder for the Servicer's actual expenses incurred in providing such reports if such reports are not producible in the ordinary course of the Servicer's business. The Rating Agencies shall receive copies of any such reports or information furnished to the Certificateholders.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Money Store of New York Inc)

Statements. Not later than 12:00 noon California time on the fourth Business Day following the last day of a Due Period, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to (a) On each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination Distribution Date, the Trustee Securities Administrator shall deliver make available to the ServicerTrustee, each Certificateholder, the Depositor Seller, the Master Servicer and to the Certificate Insurer, by telecopy, with a hard copy thereof to be delivered on the succeeding Distribution DateRating Agency, a statement based, as applicable, on the Remittance Report obtained from the Master Servicer (the “Trustee’s Remittance ReportDistribution Date Statement”) containing the information set forth below (as to the extent any such information distributions to be delivered by the Servicer pursuant to the first sentence of this Section 5.01(a) has been so delivered) with respect to made or made, as applicable, on such Distribution Date: (i) The the amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal; (ii) the amount of the distribution made on such Distribution Date to the Holders of each Class of Certificates allocable to interest; (iii) the Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group 1 and Group 2 Available Funds and each Certificate Rate for the related following Distribution Date; (iiiv) The Class Principal Balance the amount of each Class of Class A Certificates and servicing compensation received by the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report pursuant to subclause (xii) below, or, in the case of the first Determination Date, the Original Class Certificate Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and Servicer during the related Cut-Off Date Principal Balance of the Mortgage Loans in each Group; (iii) The number and Principal Balances of all Mortgage Loans and of the Mortgage Loans in each Group, that were the subject of Principal Prepayments during the Due Period; (iv) The amount of all Curtailments in each Group that were received during the Due Period; (v) The principal portion the aggregate amount of all Monthly Payments Advances for each Group received during the related Due PeriodPeriod and the amount of unreimbursed Advances; (vi) The amount of interest received on the Mortgage Loans in each Group; (vii) The amount of the Monthly Advances Loan Group Balance and the Compensating Interest payment to be made on Non-PO Loan Group Balance, and the Determination Date related Net WAC for each Group; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xi) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Date; (xiii) The weighted average remaining term to maturity of the Mortgage Loans in each Loan Group and the weighted average Loan Rate in each Group; (xiv) The Servicing Fee for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01; (xv) The amount of all payments or reimbursements to the Servicer pursuant to Section 3.03; (xvi) The Pool Factor for each Group determined using the balances in subclause (ii) above; (xvii) The amount, if any, transferred from the Simple Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and Close of Business at the end of the related Due Period; (xxivii) The amount on deposit in for each sub-account Loan Group, the number, weighted average remaining term to maturity and weighted average Loan Rate of the Spread Account after related Mortgage Loans as of the Distribution related Due Date; (xxiiviii) The the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month; (ix) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period; (x) the aggregate amount of losses experienced on the Mortgage Loans in Principal Prepayments with respect to each Loan Group made during the preceding related Prepayment Period; (xi) the aggregate amount of Realized Losses incurred during the related Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage amount of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds CarryforwardRealized Losses, if any, allocated to each Class of Certificates and the PO Components; (xii) the Class Certificate Principal Balance or Class Certificate Notional Amount, as applicable, of each Class of Certificates and the Apportioned Principal Balances of the Subordinate Certificates after giving effect to all any distributions made thereon, on such Distribution Date; (xxivxiii) The amount the Interest Distributable Amount in respect of Class Interest Carryover Shortfall relating to each Class of Class A Certificates 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; (xiv) the aggregate amount of any Net Interest Shortfalls and the Unpaid Interest Shortfall Amount for such Distribution Date; (xv) the Available Funds with respect to each Loan Group; (xvi) the Pass-Through Rate for each Class A-IO Certificatesof Certificates for such Distribution Date; (xvii) the aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, separately stating and indicating the relevant section of the Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each such Mortgage Loan; (xviii) the amount that is allocable of any Principal Deficiency Amounts or Accrued Interest Amounts paid to each such Class and an Undercollateralized Group or amounts paid pursuant to Section 5.01(e)(i); (xix) the amount allocable to interest of compensation received by the Trustee during the related Due Period; (xx) the amount of compensation received by the Custodian during the related Due Period; (xxi) current and principalcumulative Recoveries; (xxii) current and cumulative PO Recoveries; (xxiii) current and cumulative Charged-off Recoveries; and (xxvxxiv) Whether a Servicer Termination Delinquency Event the aggregate amount of Charged-off Amounts incurred during the related Due Period and the cumulative amount of Charged-off Amounts, if any, allocated to any Class of Certificates or a Servicer Termination Loss Event has occurred and specifying the details thereofPO Components. The Trustee shall Securities Administrator will make such report the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Servicer, other parties to this Agreement via the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇.▇▇▇on the related Distribution Date. Assistance in using the website can be obtained by calling the TrusteeSecurities Administrator’s investor relations customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method option are entitled to have a paper copy mailed to them via first class mail by calling the investor relations customer service desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee may fully rely upon and Securities Administrator shall have no liability with respect the right to information provided by change the Servicer. To way such reports are distributed in order to make such distribution more convenient and/or more accessible to the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report parties, and the hard copy issued upon request (pursuant Securities Administrator shall provide timely and adequate notification to the preceding paragraph) thereof, the Servicer may rely upon the latterall parties regarding any such change. In the case of information furnished pursuant to subclauses (iii) and (ixii) 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 Securities Administrator shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) through (iii) and (xvii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by 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 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.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Charlie Mac Trust 2004-2)

Statements. Not Each month, not later than 12:00 noon California time on the fourth Business Day following the last day of a Due Period, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California New York time on the Determination Date, the Trustee Trust Administrator shall deliver to the Servicer, the Depositor Note Insurer and to the Certificate InsurerIndenture Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with a hard copy thereof to be delivered on the succeeding Distribution Business Day following the Determination Date, a statement certificate signed by an officer of the Trust Administrator (a "Trust Administrator's Certificate") stating the “Trustee’s Remittance Report”) containing date (day, month and year), the information set forth below (to Series number of the extent any such information to be delivered by Notes, the Servicer pursuant to the first sentence date of this Section 5.01(a) has been so delivered) with respect to such Distribution DateAgreement, and the following: (i) The Group 1 and Group 2 the Pool Available Funds and Remittance Amounts for each Certificate Rate Pool for the related Distribution Remittance Date; (ii) The the Class Principal Balance of Balances for each Class of Class A Certificates Pool I and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group Pool II Notes as reported in the prior Trustee’s Remittance Report Trust Administrator's Certificate pursuant to subclause (xiixv) below, or, in the case of the first Determination Date, the Original Class Certificate Principal Balance of for each Class of Class A Certificates Pool I and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of the Mortgage Loans in each GroupPool II Notes; (iii) The the Pool Principal Distribution Amounts for each Pool for the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Pool I and Pool II Notes; (iv) the amount of any Insured Payments in the aggregate and listed separately by Pool; (v) the Current Interest Requirements for each Class of Notes for the related Remittance Date; (vi) the number and Principal Balances of all Mortgage Loans and of the Mortgage Loans in each Group, that Pool which were the subject of Principal Prepayments during the Due Period; (ivvii) The the amount of all Curtailments in each Group that which were received during the Due Period, stated separately for each Pool; (vviii) The principal portion the aggregate amount of all Excess Payments and the amounts of Monthly Payments for each Group in respect of principal received during the Due Period, stated separately for each Pool; (viix) The the amount of interest received on the Mortgage Loans in Loans, stated separately for each GroupPool; (viix) The the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Accounts pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date Date, in each case stated separately for each GroupPool; (viiixi) The the delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount , stated separately for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xi) The amount to be distributed to the Class R Certificateholders for the Distribution DatePool; (xii) The the amount of any Realized Losses incurred during the related Due Period, stated separately for each Pool; (xiii) the Pool Remittance Amounts for Pool I and Pool II and in the aggregate and by component and listed separately for the portions relating to each Class of Notes in the related Pool; (xiv) the Reimbursable Amounts and the Certificate Remittance Amount with respect to the Remittance Date; (xv) the Class Principal Balance of for each Class of Class A Certificates Notes and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Pool Principal Balance of for each Group, each Pool after giving effect to the distribution to be made on the Distribution Remittance Date and after allocation of Realized Losses made on such Remittance Date; (xiiixvi) The weighted average remaining term the Excess Spread (in the aggregate and stated separately for each Pool); (xvii) the Cumulative Realized Losses, stated separately for each Pool, with respect to maturity of the Mortgage Loans in each Group and Remittance Date; (xviii) the weighted average maturity and weighted average Loan Rate in Interest Rate, stated separately for each GroupPool; (xivxix) The the Servicing Fee Fees, the Contingency Fees, and amounts to be deposited to the Expense Accounts and the Insurance Accounts, in each case, as applicable, stated separately for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01Pool; (xvxx) The the amount of all payments or and reimbursements to the Servicer pursuant to Section 3.034.04(b), (c), (d)(ii), (e) and (f), stated separately with respect to each Pool; (xvixxi) The the Class Pool Factor for each Group Class determined using the balances in subclause (iixv) above; (xviixxii) The amountthe weighted average Loan Interest Rate and Adjusted Loan Interest Rate of the Mortgage Loans for each Pool and the weighted average Class Adjusted Loan Remittance Rates for each Pool, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) the Class Remittance Rate for each Class of Notes with respect to the Remittance Date and if the Class Remittance Rate for any Class of Notes was based on the applicable Net Funds Cap, what it would have been if based on LIBOR plus the applicable Margin or the Auction Rate, as the case may be; (xxiv) the rate of LIBOR and the Auction Rate with respect to the Remittance Date; (xxv) if the Remittance Rate for any Class of Notes for such Remittance Date is based on the applicable Net Funds Cap, the Net Funds Cap for such Class of Notes with respect to the Remittance Date; (xxvi) if the Remittance Rate for any Class of Notes for such Remittance Date is based on the applicable Net Funds Cap, the amount of any Noteholders' Interest Carryover for such Class for such Remittance Date; (xxvii) the amount of the distribution, if any, transferred from allocable to Noteholders' Interest Carryover and the Simple amount of any Noteholders' Interest Excess Carryover for all prior Remittance Dates after giving effect to such distribution (in each case, stated separately by Class and in the aggregate); (xxviii) the Supplemental Interest Amount, Supplemental Interest Payments and Supplemental Interest Excess, if any, for such Remittance Date; (xxix) the number and Principal Balance of all Defaulted Loans purchased during the Due Period, stated separately for each Pool; (xxx) the Spread Balance, the Specified Spread Account Requirement for such Remittance Date and the portion of the amounts on deposit on the Spread Account that constitute investment earnings; and (xxxi) such other information as the Note Insurer and the Indenture Trustee may reasonably require. The Indenture Trustee shall forward such report to the Noteholders of the applicable Pool, the Note Insurer and the Owner Trustee on the Remittance Date, together, if requested by a Noteholder, with a separate report indicating the amount of funds deposited in each Note Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess 7.01(a)(iv); and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the SellerRepresentative, as appropriate, pursuant to Section 5.01(a)(ivSections 7.03(c)(i), 7.03(c)(ii), 7.04(b)(iv) and 7.08(d)(iii) (all reports prepared by the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number Indenture Trustee of Mortgage Loans such withdrawals and deposits will be based in each Group outstanding at whole or in part upon the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Date; (xxiv) The amount of Class Interest Carryover Shortfall relating to each Class of Class A Certificates and the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principal; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make such report available information provided to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Indenture Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on or the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the ServicerTrust Administrator). To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report Trust Administrator's Certificate and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may Indenture Trustee shall be entitled to rely upon the lattertelecopy. In the discretion of the Trust Administrator, in the case of certain information furnished pursuant to subclauses (ii) and (ix) abovethe above provisions, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each per $1,000 25,000 original dollar amount as of the Cut-Off Date. Each month, not later than the third Business Day prior to the Determination Date occurring in such month, the Servicer shall deliver to the Trust Administrator the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit R (both in hard copy and in computer tape form). The Trust Administrator may rely fully upon and shall have no liability with respect to any such information provided to it by the Servicer. The Trust Administrator shall not be obligated to verify, recompute, reconcile or confirm any information contained in the Servicer's Monthly Computer Tape or otherwise provided by the Servicer. In making any payments or distributions required to be made by them pursuant to any of the provisions hereof, the Indenture Trustee shall make such payments and distributions based solely upon the information contained in the applicable Trust Administrator's Certificate or, if such information is not included in the applicable Trust Administrator's Certificate, upon written instructions of the Servicer or the Trust Administrator. The Indenture Trustee may rely fully upon and shall have no liability with respect to any such information provided to it by the Servicer or the Trust Administrator. The Indenture Trustee shall not be obligated to verify, recompute, reconcile or confirm any information contained in any Trust Administrator's Certificate or otherwise provided by the Trust Administrator or the Servicer. (a) Within a reasonable period of time after the end of each calendar year, the Trust Administrator shall furnish to the Indenture Trustee for distribution to each Person who at any time during the calendar year was a Noteholder of the applicable Pool the amount of interest and principal distributed with respect to each Class of Notes plus such other customary information as the Trust Administrator determines to be necessary and/or required by the Internal Revenue Service to enable the Noteholders to prepare their tax returns for such calendar year. Such obligation of the Trust Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trust Administrator pursuant to any requirements of the Code as from time to time are in force. (b) On each Remittance Date, the Indenture Trustee shall forward to the Owner Trustee, for distribution to the Certificateholders, a copy of the report forwarded to the Noteholders of each Pool in respect of such Remittance Date, as the case may be, and a statement, prepared by the Servicer or the Trust Administrator, setting forth the amounts actually distributed to the Certificateholders on such Remittance Date together with such other information as the Servicer or Trust Administrator provides and deems necessary or appropriate. (c) Within a reasonable period of time after the end of each calendar year, the Trust Administrator shall furnish to the Indenture Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Certificateholder such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder, as applicable. Such obligation of the Trust Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trust Administrator pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Mortgage Loans sufficient to permit such Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Notes. (e) The Servicer shall furnish to each Noteholder and the Note Insurer, 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 Noteholder or the Note Insurer, 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 as the Noteholder or the Note Insurer may reasonably require; provided, that the Servicer shall be entitled to be reimbursed by such Noteholder or the Note Insurer for the Servicer's actual expenses incurred in providing such reports if such reports are not producible in the ordinary course of the Servicer's business.

Appears in 1 contract

Sources: Sale and Servicing Agreement (Money Store Home Equity Corp)

Statements. Not Each month, not later than 12:00 noon California New York time on the fourth Business Day following the last day of a Due PeriodDetermination Date, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination Date, the Trustee shall deliver to the Servicer, the Depositor and to the Certificate InsurerTrustee, by telecopy, for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with a hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit R (both in hard copy and in computer tape form) to be delivered on the succeeding Distribution Business Day following the Determination Date, a statement certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the “Trustee’s Remittance Report”) containing date (day, month and year), the information set forth below (to Series number of the extent any such information to be delivered by Certificates, the Servicer pursuant to the first sentence date of this Section 5.01(a) has been so delivered) with respect to such Distribution DateAgreement, and the following: (i) The Group 1 and Group 2 the Available Funds and each Certificate Rate Remittance Amounts for the related Distribution Remittance Date; (ii) The the Class Principal Balance of each Class of Class A Certificates and the Notional Balance of Balances for each Class of Class A-IO , Class M and Class B Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report Servicer's Certificate pursuant to subclause (xiixv) below, or, in the case of the first Determination Date, the Original Class Certificate Principal Balance of each Class of Class A Certificates and the Original Notional Balance of for each Class of Class A-IO Certificates , Class M and the related Cut-Off Date Principal Balance of the Mortgage Loans in each GroupClass B Certificates; (iii) The the Principal Distribution Amounts for the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Certificates; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for the related Remittance Date (by Class and in the aggregate); (v) the Available Maximum Subordination Amount for the related Remittance Date; (vi) the number and Principal Balances of all Mortgage Home Improvement Loans and of the Mortgage Loans in each Group, that which were the subject of Principal Prepayments during the Due Period; (ivvii) The the amount of all Curtailments in each Group that which were received during the Due Period; (vviii) The principal portion the aggregate amount of all Excess Payments and the amounts of Monthly Payments for each Group in respect of principal received during the Due Period; (viix) The the amount of interest received on the Mortgage Loans in each GroupHome Improvement Loans; (viix) The the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Certificate Account pursuant to Section 6.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date for each GroupDate; (viiixi) The the delinquency and foreclosure information set forth in the form attached hereto as Exhibit LO; (ixxii) The the amount of any Realized Losses incurred during the related Due Period; (xiii) the Available Remittance Amounts for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts and the Class X Remittance Amount payable pursuant to Section 6.08(d)(xiv) and (xvii) with respect to the Remittance Date; (xv) the Class Principal Balance for each Class of Class A A, Class M and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xi) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Principal Balance of each Class of Class A B Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Pool Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Date; (xiiixvi) The weighted average remaining term to maturity the calculation of the Mortgage Loans in each Group and Trigger Event, including the weighted average Loan Rate in each Groupvarious components thereof; (xivxvii) The Servicing Fee for each Group and the amount to be paid Cumulative Realized Losses, with respect to the Certificate Insurer pursuant to Section 5.01Remittance Date; (xvxviii) The the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account; (xx) the amount of all payments or and reimbursements to the Servicer pursuant to Section 3.035.04(b), (c), (d)(ii), (e) and (f); (xvixxi) The Pool the Class Factor for each Group Class determined using the balances in subclause (iixv) above; (xviixxii) The amountthe weighted average Home Improvement Loan Interest Rate and Adjusted Home Improvement Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, if anyin each case for the related Remittance Date, transferred and the weighted average Home Improvement Loan Interest Rate for the prior three month period; (xxiii) the Senior Percentage and the Class B Percentage for the current Remittance Date; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the Simple Interest Excess Account to the Distribution FHA Premium Account pursuant to Section 5.03 6.06(b)(i); (xxix) the amount of FHA Payments and from Related Payments received during the Spread Account related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Certificateholders may reasonably require. The Trustee shall forward such report to the Distribution Certificateholders on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Certificate Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess 6.01(a)(iv); and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the SellerRepresentative, as appropriate, pursuant to Section 5.01(a)(ivSections 6.03(c)(i), 6.03(c)(ii) and 6.08(d)(iii) (all reports prepared by the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number Trustee of Mortgage Loans such withdrawals and deposits will be based in each Group outstanding at whole or in part upon the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Date; (xxiv) The amount of Class Interest Carryover Shortfall relating to each Class of Class A Certificates and the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principal; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make such report available information provided to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on or the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the ServicerClaims Administrator). To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report Servicer's Certificate and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may Trustee shall be entitled to rely upon the lattertelecopy. In the case of information furnished pursuant to subclauses (ii), (viii) and (ixxiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each per $1,000 original dollar amount as of the Cut-Off Date. Additionally, on the Special Remittance Date the Trustee shall, based upon information received from the Servicer, forward to the Certificateholders and the Rating Agencies, a report setting forth the amount of principal and interest, if any, being paid to each Class of Class A, Class M and Class B Certificates on the Special Remittance Date. (a) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class A, Class M and Class B Certificateholder such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xix) and (xxxv), above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. (b) On each Remittance Date and the Special Remittance Date, the Trustee shall forward to the Class X and Class R Certificateholders a copy of the report forwarded to the Certificateholders of each Pool in respect of such Remittance Date or the Special Remittance Date, as the case may be, and a statement setting forth the amounts actually distributed to the Class X and Class R Certificateholders, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriate. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class X or Class R Certificateholder such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class X or R Certificateholder, as applicable. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Certificateholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Home Improvement Loans sufficient to permit such Class A, Class M and Class B Certificateholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Certificates. (e) The Servicer shall furnish to each Certificateholder, 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 as the Certificateholder may reasonably require; provided, that the Servicer shall be entitled to be reimbursed by such Certificateholder for the Servicer's actual expenses incurred in providing such reports if such reports are not producible in the ordinary course of the Servicer's business.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Money Store Home Equity Corp)

Statements. Not Each month, not later than 12:00 noon California New York time on the fourth Business Day following the last day of a Due PeriodDetermination Date, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination Date, the Trustee shall deliver to the Servicer, the Depositor and to the Certificate InsurerTrustee, by telecopy, for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with a hard copy thereof and the Servicer's Monthly Computer Diskette in the form attached hereto as Exhibit L (both in hard copy and in computer diskette form) to be delivered on the succeeding Distribution Business Day following the Determination Date, a statement certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the “Trustee’s Remittance Report”) containing date (day, month and year), the information set forth below (to Series number of the extent any such information to be delivered by Certificates, the Servicer pursuant to the first sentence date of this Section 5.01(a) has been so delivered) with respect to Agreement, and, as of the close of business on the Record Date for such Distribution Datemonth: (i) The Group 1 and Group 2 Available Funds and each Certificate Rate for the related Distribution Remittance Date; (ii) The Aggregate Class A Certificate Principal Balance, the Aggregate Class M Certificate Principal Balance, the Aggregate Class B Certificate Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Pool Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report Servicer's Certificate pursuant to subclause (xii) below, or, in the case of the first Determination Date, the Original Class A, Class M and Class B Certificate Principal Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Pool Principal Balance of the Mortgage Loans in each GroupBalance; (iii) The number and Principal Balances of all Mortgage SBA Loans and of the Mortgage Loans in each Group, that which were the subject of Principal Prepayments during the Due Period and the number and Principal Balances of all Defaulted SBA Loans purchased by the Servicer during the Due Period; (iv) The amount product of the Unguaranteed Percentage multiplied by all Curtailments in each Group that which were received during the Due Period; (v) The principal portion product of the Unguaranteed Percentage multiplied by all Excess Payments and the product of the Unguaranteed Percentage multiplied by all Monthly Payments for each Group in respect of principal received during the Due Period; (vi) The aggregate amount of interest received on the Mortgage Loans in Unguaranteed Interest of each GroupSBA Loan net of the FTA's Fee, the Additional Fee and the Servicing Fee attributable to the Unguaranteed Interest; (vii) The amount of the Monthly Advances to be made on the Determination Date and the Compensating Interest payment to be made on the Determination Date for each GroupDate; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit LK; (ix) The Remittance Amount for each Class product of Class A and Class A-IO Certificates for the Distribution Date with Unguaranteed Percentage multiplied by the components thereof stated separatelyamount of any losses realized on a Liquidated SBA Loan; (x) The Class A, Class M and Class B Interest Distribution Amounts and Principal (xi) The amount stated in dollars and as a percentage of the Insured Amounts for each Groupcurrent aggregate Principal Balance of the Class A, Class M and Class B Certificates of the funds available in the Spread Account as of the related Record Date in cash and from liquidation of Permitted Instruments and the amount, if any, to be paid on transferred from the Distribution Date; (xi) The amount to be distributed Spread Account to the Class R Certificateholders for the Distribution DateCertificate Account pursuant to Section 6.02(b)(i); (xii) The Aggregate Class A Certificate Principal Balance, Aggregate Class M Certificate Principal Balance, Aggregate Class B Certificate Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Pool Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Remittance Date; (xiii) The weighted average remaining term to maturity of the Mortgage Loans in each Group Spread Account Balance and the weighted average Loan Rate in each GroupSpecified Spread Account Requirement with respect to such Remittance Date; (xiv) The Servicing Fee for each Group weighted average maturity and the amount to be paid to the Certificate Insurer pursuant to Section 5.01weighted average SBA Loan Interest Rate; (xv) The Servicing Fees and the Annual Expense Escrow Amount and other amounts to be deposited to the Expense Account; (xvi) The amount of all payments or and reimbursements to the Servicer pursuant to Section 3.03; 5.04 (xvib), (c), (d)(ii), (e) The Pool Factor for each Group determined using the balances in subclause and (ii) abovef); (xvii) The amountClass A, if anyClass M and Class B Benchmark Rates with respect to such Remittance Date and the actual interest rate for the Class A, transferred from Class M and Class B Certificates with respect to such Remittance Date based upon the Simple Class A, Class M and Class B Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01Amounts; (xviii) The percentage During the Funding Period, the aggregate Principal Balance of the related Excess Spread used to determine Subsequent SBA Loans purchased during the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess prior Due Period and the allocation amount on deposit in the Pre-Funding Account and the Capitalized Interest Account as of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01;end of such Due Period; and (xix) Such other information as the Trustee, the Certificateholders or the Rating Agency may reasonably require; provided, however, that the VI-12 95 Servicer shall have no obligation to distribute such information directly to any Certificateholder. The Trustee shall forward such report to the Certificateholders and the Rating Agency on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Certificate Account pursuant to Section 6.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Seller, as appropriate, Seller pursuant to Section 5.01(a)(ivSections 6.03(c)(i), 6.03(c)(ii) and 6.07(b)(xii) (all reports prepared by the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number Trustee of Mortgage Loans such withdrawals and deposits will be based in each Group outstanding at whole or in part upon the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Date; (xxiv) The amount of Class Interest Carryover Shortfall relating to each Class of Class A Certificates and the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principal; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make such report available information provided to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer). To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report Servicer's Certificate and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may Trustee shall be entitled to rely upon the lattertelecopy. In the case of information furnished pursuant to subclauses (ii), (iii), (iv), (v), (x) and (ix) xii), above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each per $1,000 original dollar amount as of the Cut-Off Date. Additionally, on the Special Remittance Date the Trustee shall, based upon information received from the Servicer, forward to the Certificateholders and the Rating Agency a report setting forth the amount of principal and interest, if any, being paid to each Class of Certificates on the Special Remittance Date.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (First International Bancorp Inc)

Statements. Not Each month, not later than 12:00 noon California New York time on the fourth Business Day following the last day of a Due PeriodDetermination Date, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination Date, the Trustee shall deliver to the Servicer, the Depositor and to the Certificate InsurerIndenture Trustee, by telecopy, for distribution to the Noteholders, the receipt and legibility of which shall be confirmed telephonically, with a hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit L (both in hard copy and in computer tape form) to be delivered on the succeeding Distribution Business Day following the Determination Date, a statement certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the “Trustee’s Remittance Report”) containing date (day, month and year), the information set forth below (to Series number of the extent any such information to be delivered by Notes, the Servicer pursuant to the first sentence date of this Section 5.01(a) has been so delivered) with respect to Agreement, and, as of the close of business on the Record Date for such Distribution Datemonth: (i) The Group 1 and Group 2 Available Funds and each Certificate Rate for the related Distribution Remittance Date; (ii) The Class Principal Balance of each Class of Aggregate Class A Certificates and Note Principal Balance, the Notional Balance of each Aggregate Class of M-1 Note Principal Balance, the Aggregate Class A-IO Certificates M-2 Note Principal Balance, and the Aggregate Class B Note Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report Servicer's Certificate pursuant to subclause (xiixi) below, or, in the case of the first Determination Date, the Original Class Certificate Balance of each A, Class of M-1, Class A Certificates M-2, and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date B Note Principal Balance of the Mortgage Loans in each GroupBalance; (iii) The number and Principal Balances of all Mortgage Business Loans and of the Mortgage Loans in each Group, that which were the subject of Principal Prepayments during the Due Period and the number and Principal Balances of all Defaulted Business Loans purchased by the Servicer during the Due Period; (iv) The amount of all Curtailments in each Group that which were received during the Due Period; (v) The principal portion amount of all Excess Payments and the amount of all Monthly Payments for each Group in respect of principal received during the Due Period; (vi) The aggregate amount of interest received on the Mortgage Loans in each GroupBusiness Loans; (vii) The amount of the Monthly Advances to be made on the Determination Date and the Compensating Interest payment to be made on the Determination Date for each GroupDate; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit LK; (ix) The Remittance Amount Interest Distribution Amounts and Principal Distribution Amounts for each Class of Class A and Class A-IO Certificates for the Distribution Remittance Date with the components thereof stated separately; (x) The amount available in the Spread Account as of the Insured Amounts for each Grouprelated Record Date in cash and from liquidation of Permitted Instruments and the amount, if any, to be paid on transferred from the Spread Account to the Note Distribution DateAccount pursuant to Section 5.02(b)(i); (xi) The amount to be distributed to the Aggregate Class R Certificateholders for the Distribution Date; (xii) The A Note Principal Balance, Aggregate Class M-1 Note Principal Balance, Aggregate Class M-2 Note Principal Balance of each and Aggregate Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate B Note Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Remittance Date; (xii) The weighted average maturity and weighted average Business Loan Interest Rate; (xiii) The weighted average remaining term Servicing Fees and amounts to maturity of be deposited to the Mortgage Loans in each Group and the weighted average Loan Rate in each GroupExpense Account; (xiv) The Servicing Fee for each Group amount of all payments and the amount to be paid reimbursements to the Certificate Insurer pursuant to Section 5.01Servicer; (xv) The amount of all payments or reimbursements Class A, Class M-1, Class M-2 and Class B Remittance Rates with respect to the Servicer pursuant to Section 3.03such Remittance Date; (xvi) The Pool Factor for each Group determined using During the balances Funding Period, the aggregate Principal Balance of the Subsequent Business Loans purchased during the prior Due Period and the amount on deposit in subclause (ii) abovethe Pre-Funding Account as of the end of such Due Period; (xvii) The amountNet Interest Cap with respect to the Remittance Date; (xviii) If the Class Remittance Rate for a Class of Notes for such Remittance Date is based on the Net Interest Cap, the amount of any Interest Carryover for such Class of Notes for such Remittance Date; (xix) the amount of the distribution, if any, transferred from allocable to Interest Carryover and the Simple amount of any Interest Excess Account Carryover for all prior Remittance Dates after giving effect to such distribution (in each case, stated separately by Class and in the aggregate); and (xx) Such other information as the Indenture Trustee, the Noteholders and the Certificateholders or the Rating Agencies may reasonably require. The Indenture Trustee shall forward such report to the Noteholders, the Certificateholders, the Owner Trustee and the Rating Agencies on the Remittance Date, together with a separate report indicating the amount of funds deposited in each Note Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess 5.01(a)(iv); and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, Bank pursuant to Section 5.01(a)(ivSections 5.03(c)(i), 5.03(c)(ii) and 5.07(b)(viii) (all reports prepared by the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number Indenture Trustee of Mortgage Loans such withdrawals and deposits will be based in each Group outstanding at whole or in part upon the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Date; (xxiv) The amount of Class Interest Carryover Shortfall relating to each Class of Class A Certificates and the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principal; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make such report available information provided to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Indenture Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer). To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report Servicer's Certificate and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may Indenture Trustee shall be entitled to rely upon the lattertelecopy. In the case of information furnished pursuant to subclauses (ii), (iii), (iv), (v), (ix) and (ix) xi), above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each per $1,000 original dollar amount as of the Cut-Off Date. Additionally, on the Special Remittance Date the Indenture Trustee shall, based upon information received from the Servicer, forward to the Noteholders, the Owner Trustee and the Rating Agencies a report setting forth the amount of principal and interest, if any, being paid to each Class of Notes on the Special Remittance Date. (a) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee and the Owner Trustee for distribution to each Person who at any time during the calendar year was a Noteholder or a Certificateholder such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (vi), (ix), and (xiv), above, aggregated for such calendar year or applicable portion thereof during which such Person was a Noteholder or a Certificateholder. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. (b) Upon reasonable advance notice in writing, the Servicer will provide to each Noteholder or Certificateholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Business (c) The Servicer shall furnish to each Noteholder and Certificateholder, 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 Noteholder and 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 as the Noteholder and Certificateholder may reasonably require; provided, that the Servicer shall be entitled to be reimbursed by such Noteholder or Certificateholder for the Servicer's actual expenses incurred in providing such reports if such reports are not producable in the ordinary course of the Servicer's business. The Rating Agencies shall receive copies of any such reports or information furnished to the Noteholders and Certificateholders.

Appears in 1 contract

Sources: Sale and Servicing Agreement (First International Bancorp Inc)

Statements. Not Each month, not later than 12:00 noon California New York time on the fourth Business Day following the last day of a Due PeriodDetermination Date, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination Date, the Trustee shall deliver to the Servicer, the Depositor and to the Certificate InsurerTrustee, by telecopy, for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with a hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit L (both in hard copy and in computer tape form) to be delivered on the succeeding Distribution Business Day following the Determination Date, a statement certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the “Trustee’s Remittance Report”) containing date (day, month and year), the information set forth below (to Series number of the extent any such information to be delivered by Certificates, the Servicer pursuant to the first sentence date of this Section 5.01(a) has been so delivered) with respect to Agreement, and, as of the close of business on the Record Date for such Distribution Datemonth: (i) The Group 1 and Group 2 Available Funds and each Certificate Rate for the related Distribution Remittance Date; (ii) The Aggregate Class A Certificate Principal Balance, the Aggregate Class B Certificate Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Pool Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report Servicer's Certificate pursuant to subclause (xii) below, or, in the case of the first Determination Date, the Original Class A and Class B Certificate Principal Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Pool Principal Balance of the Mortgage Loans in each GroupBalance; (iii) The number and Principal Balances of all Mortgage SBA Loans and of the Mortgage Loans in each Group, that which were the subject of Principal Prepayments during the Due Period; (iv) The amount product of the Unguaranteed Percentage multiplied by all Curtailments in each Group that which were received during the Due Period; (v) The principal portion product of the Unguaranteed Percentage multiplied by all Excess Payments and the product of the Unguaranteed Percentage multiplied by all Monthly Payments for each Group in respect of principal received during the Due Period; (vi) The aggregate amount of interest received on each SBA Loan net of the Mortgage Loans in each GroupAgent of the SBA's Fee, the Premium Protection Fee, the Additional Fee and the portion thereof payable to the Registered Holders; (vii) The amount of the Monthly Advances to be made on the Determination Date and the Compensating Interest payment to be made on the Determination Date for each GroupDate; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit LK; (ix) The Remittance Amount for each Class product of the Unguaranteed Percentage multiplied by the amount of any losses realized on a Liquidated SBA Loan; (x) The Class A and Class A-IO Certificates B Interest Distribution Amounts and Principal Distribution Amounts for the Distribution Remittance Date with the components thereof stated separately; (xxi) The amount available in the Spread Account as of the Insured Amounts for each Grouprelated Record Date in cash and from liquidation of Permitted Instruments and the amount, if any, to be paid on transferred from the Distribution Date; (xi) The amount to be distributed Spread Account to the Class R Certificateholders for the Distribution DateCertificate Account pursuant to Section 6.02(b)(i); (xii) The Aggregate Class A Certificate Principal Balance, Aggregate Class B Certificate Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Pool Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Remittance Date; (xiii) The weighted average remaining term to maturity of Excess Spread, the Mortgage Loans in each Group Spread Balance and the weighted average Loan Rate in each GroupSpecified Spread Account Requirement with respect to such Remittance Date; (xiv) The Servicing Fee for each Group weighted average maturity and the amount to be paid to the Certificate Insurer pursuant to Section 5.01weighted average SBA Loan Interest Rate; (xv) The Servicing Fees and amounts to be deposited to the Expense Account; (xvi) The amount of all payments or and reimbursements to the Servicer pursuant to Section 3.03; 5.04 (xvib), (c), (d)(ii), (e) The Pool Factor for each Group determined using the balances in subclause and (ii) abovef); (xvii) The amount, if any, transferred from the Simple Interest Excess Account Class A and Class B Remittance Rates with respect to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01such Remittance Date; (xviii) The percentage During the Funding Period, the aggregate Principal Balance of the related Excess Spread used to determine Subsequent Mortgage Loans purchased during the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess prior Due Period and the allocation amount on deposit in the Pre-Funding Account as of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01;end of such Due Period; and (xix) Such other information as the Certificateholders or the Rating Agencies may reasonably require. The Trustee shall forward such report to the Certificateholders and the Rating Agencies on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Certificate Account pursuant to Section 6.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Seller, as appropriate, Seller pursuant to Section 5.01(a)(ivSections 6.03(c)(i), 6.03(c)(ii) and 6.07(b)(vi) (all reports prepared by the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number Trustee of Mortgage Loans such withdrawals and deposits will be based in each Group outstanding at whole or in part upon the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Date; (xxiv) The amount of Class Interest Carryover Shortfall relating to each Class of Class A Certificates and the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principal; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make such report available information provided to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer). To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report Servicer's Certificate and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may Trustee shall be entitled to rely upon the lattertelecopy. In the case of information furnished pursuant to subclauses (ii), (iii), (iv), (v), (x) and (ix) xii), above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each per $1,000 original dollar amount as of the Cut-Off Date. Additionally, on the Special Remittance Date the Trustee shall, based upon information received from the Servicer, forward to the Certificateholders and the Rating Agencies a report setting forth the amount of principal and interest, if any, being paid to each Class of Certificates on the Special Remittance Date. (a) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Certificateholder such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (vi), (x), and (xiv), above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. (b) Upon reasonable advance notice in writing, the Servicer will provide to each Certificateholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the SBA Loans sufficient to permit such Certificateholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Certificates. (c) The Servicer shall furnish to each Certificate holder, 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 as the Certificateholder may reasonably require; provided, that the Servicer shall be entitled to be reimbursed by such Certificateholder for the Servicer's actual expenses incurred in providing such reports if such reports are not producible in the ordinary course of the Servicer's business. The Rating Agencies shall receive copies of any such reports or information furnished to the Certificateholders.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Money Store of New York Inc)

Statements. Not Each month, not later than 12:00 noon California New York time on the fourth Business Day following the last day of a Due PeriodDetermination Date, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination Date, the Trustee shall deliver to the Servicer, the Depositor and to the Certificate InsurerTrustee, by telecopy, for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with a hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit L (both in hard copy and in computer tape form) to be delivered on the succeeding Distribution Business Day following the Determination Date, a statement certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the “Trustee’s Remittance Report”) containing date (day, month and year), the information set forth below (to Series number of the extent any such information to be delivered by Certificates, the Servicer pursuant to the first sentence date of this Section 5.01(a) has been so delivered) with respect to Agreement, and, as of the close of business on the Record Date for such Distribution Datemonth: (i) The Group 1 and Group 2 Available Funds and each Certificate Rate for the related Distribution Remittance Date; (ii) The Aggregate Class A Certificate Principal Balance, the Aggregate Class M Certificate Principal Balance, the Aggregate Class B Certificate Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Pool Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report Servicer's Certificate pursuant to subclause (xii) below, or, in the case of the first Determination Date, the Original Class A, Class M and Class B Certificate Principal Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Pool Principal Balance of the Mortgage Loans in each GroupBalance; (iii) The number and Principal Balances of all Mortgage SBA Loans and of the Mortgage Loans in each Group, that which were the subject of Principal Prepayments during the Due Period; (iv) The amount product of the Unguaranteed Percentage multiplied by all Curtailments in each Group that which were received during the Due Period; (v) The principal portion product of the Unguaranteed Percentage multiplied by all Excess Payments and the product of the Unguaranteed Percentage multiplied by all Monthly Payments for each Group in respect of principal received during the Due Period; (vi) The aggregate amount of interest received on the Mortgage Loans in Unguaranteed Interest of each GroupSBA Loan net of the FTA's Fee, the Additional Fee and the Servicing Fee attributable to the Unguaranteed Interest; (vii) The amount of the Monthly Advances to be made on the Determination Date and the Compensating Interest payment to be made on the Determination Date for each GroupDate; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit LK; (ix) The Remittance Amount for each product of the Unguaranteed Percentage multiplied by the amount of any losses realized on a Liquidated SBA Loan; (x) The Class of A, Class A M and Class A-IO Certificates B Interest Distribution Amounts and Principal Distribution Amounts for the Distribution Remittance Date with the components thereof stated separately; (xxi) The amount available in the Spread Account as of the Insured Amounts for each Grouprelated Record Date in cash and from liquidation of Permitted Instruments and the amount, if any, to be paid on transferred from the Distribution Date; (xi) The amount to be distributed Spread Account to the Class R Certificateholders Certificate Account pursuant to Section 6.02(b)(i) and the total amount of Letter of Credit Payments and payments with respect to Alternate Credit Enhancement for the Distribution such Remittance Date; (xii) The Aggregate Class A Certificate Principal Balance, Aggregate Class M Certificate Principal Balance, Aggregate Class B Certificate Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Pool Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Remittance Date; (xiii) The weighted average remaining term to maturity of the Mortgage Loans in each Group Spread Account Balance and the weighted average Loan Rate in each GroupSpecified Spread Account Requirement with respect to such Remittance Date; (xiv) The Servicing Fee for each Group weighted average maturity and the amount to be paid to the Certificate Insurer pursuant to Section 5.01weighted average SBA Loan Interest Rate; (xv) The Servicing Fees and amounts to be deposited to the Expense Account; (xvi) The amount of all payments or and reimbursements to the Servicer pursuant to Section 3.03; 5.04 (xvib), (c), (d)(ii), (e) The Pool Factor for each Group determined using the balances in subclause and (ii) abovef); (xvii) The amountClass A, if any, transferred from the Simple Interest Excess Account Class M and Class B Remittance Rates with respect to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01such Remittance Date; (xviii) The percentage During the Funding Period, the aggregate Principal Balance of the related Excess Spread used to determine Subsequent SBA Loans purchased during the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess prior Due Period and the allocation amount on deposit in the Pre-Funding Account and the Capitalized Interest Account as of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01;end of such Due Period; and (xix) Such other information as the Trustee, the Certificateholders or the Rating Agencies may reasonably require; provided, however, that the Servicer shall have no obligation to distribute such information directly to any Certificateholders. The Trustee shall forward such report to the Certificateholders and the Rating Agencies on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Certificate Account pursuant to Section 6.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Seller, as appropriate, Seller pursuant to Section 5.01(a)(ivSections 6.03(c)(i), 6.03(c)(ii) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Date; (xxiv) The amount of Class Interest Carryover Shortfall relating to each Class of Class A Certificates and the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principal; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make such report available to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer. To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may rely upon the latter. In the case of information furnished pursuant to subclauses (ii) and (ix) 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.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Money Store of New York Inc)

Statements. Not Each month, not later than 12:00 noon California New York time on the fourth Business Day following the last day of a Due PeriodDetermination Date, the Servicer shall deliver to the Trustee a computer tape containing Administrative Agent and the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination Date, the Trustee shall deliver to the Servicer, the Depositor and to the Certificate InsurerIndenture Trustee, by telecopy, for distribution to the Noteholders, the receipt and legibility of which shall be confirmed telephonically, with a hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit L (both in hard copy and in computer tape form) to be delivered on the succeeding Distribution Business Day following the Determination Date, a statement certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the “Trustee’s Remittance Report”) containing date (day, month and year), and, as of the information set forth below (to close of business on the extent any Record Date for such information to be delivered by the Servicer pursuant to the first sentence of this Section 5.01(a) has been so delivered) with respect to such Distribution Datemonth: (i) The Group 1 and Group 2 Available Funds and each Certificate Rate for the related Distribution Remittance Date; (ii) The Class Aggregate Note Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report Servicer's Certificate pursuant to subclause (xiixi) below, or, in the case of the first Determination Date, the Original Class Certificate Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date original Aggregate Note Principal Balance of the Mortgage Loans in each GroupBalance; (iii) The number and Principal Balances of all Mortgage SBA Loans and of the Mortgage Loans in each Group, that which were the subject of Principal Prepayments during the Due Period;Period and the number and Principal Balances (iv) The amount product of the Unguaranteed Percentage multiplied by all Curtailments in each Group that which were received during the Due Period; (v) The principal portion product of the Unguaranteed Percentage multiplied by all Monthly Payments for each Group in respect of principal received during the Due Period; (vi) The aggregate amount of interest received on the Mortgage Loans in Unguaranteed Interest of each GroupSBA Loan net of the FTA's Fee, the Additional Fee and the Servicing Fee attributable to the Unguaranteed Interest; (vii) The amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date for each Group; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit LK; (viii) The Interest Distribution Amount, Program Fee and Facility Fee for the Remittance Date; (ix) The Remittance Amount for each Class amount available in the Spread Account as of Class A the related Record Date and Class A-IO Certificates for the amount, if any, to be transferred from the Spread Account to the Note Distribution Date with the components thereof stated separatelyAccount pursuant to Section 5.02(b)(i); (x) The amount of the Insured Amounts for each Groupamount, if any, of principal to be paid distributed to the Notes on the Distribution Remittance Date; (xi) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Aggregate Note Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Remittance Date; (xii) The weighted average maturity and weighted average SBA Loan Interest Rate; (xiii) The weighted average remaining term Servicing Fees and amounts to maturity of be deposited to the Mortgage Loans in each Group and the weighted average Loan Rate in each GroupExpense Account; (xiv) The Servicing Fee for each Group amount of all payments and the amount to be paid reimbursements to the Certificate Insurer pursuant to Section 5.01Servicer; (xv) The During the Revolving Period, the aggregate Principal Balance of the Unguaranteed Interests in the SBA Loans purchased during the prior Due Period and the amount on deposit in the Funding Account as of all payments or reimbursements to the Servicer pursuant to Section 3.03end of such Due Period; (xvi) The Pool Factor for each Group determined using aggregate Principal Balance of the balances Unguaranteed Interests in subclause (ii) above; (xvii) The amount, if any, transferred the SBA Loans removed from the Simple Interest Excess Account to Trust during the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and at the end of the related prior Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Date; (xxiv) The amount of Class Interest Carryover Shortfall relating to each Class of Class A Certificates and the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principal; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make such report available to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer. To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may rely upon the latter. In the case of information furnished pursuant to subclauses (ii) and (ix) 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.

Appears in 1 contract

Sources: Sale and Servicing Agreement (First International Bancorp Inc)

Statements. Not later than 12:00 noon California time (a) On each Distribution Date, based, as applicable, on the fourth Business Day following the last day of a Due Period, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as contained in the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination DateRemittance Report, the Trustee shall deliver to the Servicer, the Depositor prepare and to the Certificate Insurer, by telecopy, with a hard copy thereof to be delivered on the succeeding Distribution Date, a statement (the “Trustee’s Remittance Report”) containing the information set forth below (to the extent any such information to be delivered by the Servicer pursuant to the first sentence of this Section 5.01(a) has been so delivered) with respect to such Distribution Date: (i) The Group 1 and Group 2 Available Funds and each Certificate Rate for the related Distribution Date; (ii) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report pursuant to subclause (xii) below, or, in the case of the first Determination Date, the Original Class Certificate Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of the Mortgage Loans in each Group; (iii) The number and Principal Balances of all Mortgage Loans and of the Mortgage Loans in each Group, that were the subject of Principal Prepayments during the Due Period; (iv) The amount of all Curtailments in each Group that were received during the Due Period; (v) The principal portion of all Monthly Payments for each Group received during the Due Period; (vi) The amount of interest received on the Mortgage Loans in each Group; (vii) The amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date for each Group; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xi) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Date; (xiii) The weighted average remaining term to maturity of the Mortgage Loans in each Group and the weighted average Loan Rate in each Group; (xiv) The Servicing Fee for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01; (xv) The amount of all payments or reimbursements to the Servicer pursuant to Section 3.03; (xvi) The Pool Factor for each Group determined using the balances in subclause (ii) above; (xvii) The amount, if any, transferred from the Simple Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Date; (xxiv) The amount of Class Interest Carryover Shortfall relating to each Class of Class A Certificates and the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principal; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make such report available to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) post on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇” , a statement as to the distributions made on such Distribution Date: (i) the amount of the distribution allocable to principal, separately identifying the aggregate amount of any principal prepayments and liquidation proceeds in that distribution, in the aggregate and with respect to Loan Group I and Loan Group II; (ii) the amount of the distribution allocable to interest, any unpaid interest amounts included in such distribution and any remaining unpaid interest amounts after giving effect to such distribution and any Net WAC Carryover Amount for such Distribution Date; (iii) if the distribution to the holders of such Class of Certificates is less than the full amount that would be distributable to such holders if there were sufficient funds available therefor, the amount of the shortfall and the allocation of the shortfall as between principal and interest; (iv) the Certificate Principal Balance of each Class of Certificates after giving effect to the distribution of principal on such Distribution Date; (v) the aggregate stated Principal Balance of the Mortgage Loans for the following Distribution Date; (vi) the amount of the expenses and fees paid to or retained by the Servicer and paid to or retained by the Trustee with respect to such Distribution Date, in each case, identifying the general purpose of such fees; (vii) the Pass-Through Rate for each such Class of Certificates with respect to such Distribution Date; (viii) the amount of Advances included in the distribution on such Distribution Date and the aggregate amount of Advances reported by the Servicer (and the Trustee as successor Servicer and any other successor Servicer, if applicable) as outstanding as of the close of business on the related Determination Date immediately preceding such distribution date; (ix) the number and aggregate outstanding Principal Balances of Mortgage Loans (1) as to which the scheduled payment is Delinquent 31 to 60 days, 61 to 90 days and 91 or more days, (2) that have become REO property, (3) that are in foreclosure and (4) that are in bankruptcy, in each case as of the close of business on the last business day of the immediately preceding month, in the aggregate and with respect to the Loan Group I and Loan Group II, all in accordance with the OTS Method of measuring delinquencies; (x) the total number and principal balance of any REO properties (and market value, if available) as of the close of business on the Determination Date preceding such Distribution Date. Assistance , in using the website can be obtained aggregate; (xi) whether a Trigger Event has occurred and is continuing (including the calculation demonstrating the existence of the Trigger Event and the aggregate outstanding balance of all mortgage loans 60 or more days Delinquent); (xii) in the aggregate and for each Class of Certificates, the aggregate amount of Applied Realized Loss Amounts incurred during the preceding calendar month and aggregate Applied Realized Loss Amounts through such Distribution Date, in the aggregate and with respect to Loan Group I and Loan Group II; (xiii) the amount of any net monthly excess cashflow on such Distribution Date and the allocation of it to the certificateholders with respect to unpaid interest amounts; (xiv) the Overcollateralization Amount and Targeted Overcollateralization Amount; (xv) prepayment premiums or charges collected by calling the Trustee’s investor relations desk at Servicer, in the aggregate; (▇▇▇xvi) ▇▇▇the amount of any Net Swap Payments or Swap Termination Payments paid or received by the Supplemental Interest Trust pursuant to the Swap Agreement and the amount of any Defaulted Swap Termination Payments paid by the Supplemental Interest Trust; (xvii) the percentage equal to the aggregate Realized Losses divided by the aggregate stated Principal Balance of the Mortgage Loans as of the Cut-▇▇▇▇off Date; (xviii) the amount distributed on the Class CE-1, Class CE-2, Class P, Class R and Class R-X Certificates; (xix) the amount of any Subsequent Recoveries for such Distribution Date; (xx) the Record Date for such Distribution Date; (xxi) updated Mortgage Loan information, such as weighted average interest rate, and weighted average remaining term; (xxii) material breaches of Mortgage Loan representations of warranties of which the Trustee or the Servicer has actual knowledge or has received written notice; and (xxiii) material breaches of any covenants under the Pooling and Servicing Agreement of which the Trustee or the Servicer has received written notice. Parties that are unable to use or access the above distribution method Trustee's website are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk Trustee at (▇▇▇) ▇▇▇-▇▇▇▇ and indicating such. In addition, together with The Trustee shall have the right to change the way such report, statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall forward provide timely and adequate notification to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Dateall above parties regarding any such changes. The Trustee may fully rely upon and shall have no liability with respect to information with respect to the Mortgage Loans provided by the Servicer. To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may rely upon the latter. In the case of information furnished pursuant to subclauses (iii), (iii) and (ixiv) 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. The Trustee's responsibility for providing the above statement is limited to the availability, timeliness and accuracy of the information derived from the Servicer (or as provided by such other party providing notice of a material breach in clauses (xxii) and (xxiii) above. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in 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), (iii), (xvii) and (xxii) 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 Residual Certificateholders a copy of the reports made available to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. 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 (C-Bass Mortgage Loan Asset Backed Certificates, Series 2007-Cb4)

Statements. Not Each month, not later than 12:00 noon California New York time on the fourth Business Day following the last day of a Due PeriodDetermination Date, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination Date, the Trustee shall deliver to the Servicer, the Depositor and to the Certificate InsurerIndenture Trustee, by telecopy, for distribution to the Noteholders, the receipt and legibility of which shall be confirmed telephonically, with a hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit L (both in hard copy and in computer tape form) to be delivered on the succeeding Distribution Business Day following the Determination Date, a statement certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the “Trustee’s Remittance Report”) containing date (day, month and year), the information set forth below (to Series number of the extent any such information to be delivered by Notes, the Servicer pursuant to the first sentence date of this Section 5.01(a) has been so delivered) with respect to Agreement, and, as of the close of business on the Record Date for such Distribution Datemonth: (i) The Group 1 and Group 2 Available Funds and each Certificate Rate for the related Distribution Remittance Date; (ii) The Class Principal Balance of each Class of Aggregate Class A Certificates and Note Principal Balance, the Notional Balance of each Aggregate Class of M-1 Note Principal Balance, the Aggregate Class A-IO Certificates M-2 Note Principal Balance, and the Aggregate Class B Note Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report Servicer's Certificate pursuant to subclause (xiixi) below, or, in the case of the first Determination Date, the Original Class Certificate Balance of each A, Class of M-1, Class A Certificates M-2, and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date B Note Principal Balance of the Mortgage Loans in each GroupBalance; (iii) The number and Principal Balances of all Mortgage Business Loans and of the Mortgage Loans in each Group, that which were the subject of Principal Prepayments during the Due Period and the number and Principal Balances of all Defaulted Business Loans purchased by the Servicer during the Due Period; (iv) The amount of all Curtailments in each Group that which were received during the Due Period; (v) The principal portion amount of all Excess Payments and the amount of all Monthly Payments for each Group in respect of principal received during the Due Period; (vi) The aggregate amount of interest received on the Mortgage Loans in each GroupBusiness Loans; (vii) The amount of the Monthly Advances to be made on the Determination Date and the Compensating Interest payment to be made on the Determination Date for each GroupDate; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit LK; (ix) The Remittance Amount Interest Distribution Amounts and Principal Distribution Amounts for each Class of Class A and Class A-IO Certificates for the Distribution Remittance Date with the components thereof stated separately; (x) The amount available in the Spread Account as of the Insured Amounts for each Grouprelated Record Date in cash and from liquidation of Permitted Instruments and the amount, if any, to be paid on transferred from the Spread Account to the Note Distribution DateAccount pursuant to Section 5.02(b)(i); (xi) The amount to be distributed to the Aggregate Class R Certificateholders for the Distribution Date; (xii) The A Note Principal Balance, Aggregate Class M-1 Note Principal Balance, Aggregate Class M-2 Note Principal Balance of each and Aggregate Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate B Note Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Remittance Date; (xii) The weighted average maturity and weighted average Business Loan Interest Rate; (xiii) The weighted average remaining term Servicing Fees and amounts to maturity of be deposited to the Mortgage Loans in each Group and the weighted average Loan Rate in each GroupExpense Account; (xiv) The Servicing Fee for each Group amount of all payments and the amount to be paid reimbursements to the Certificate Insurer pursuant to Section 5.01Servicer; (xv) The amount of all payments or reimbursements Class A, Class M-1, Class M-2 and Class B Remittance Rates with respect to the Servicer pursuant to Section 3.03such Remittance Date; (xvi) The Pool Factor for each Group determined using During the balances Funding Period, the aggregate Principal Balance of the Subsequent Business Loans purchased during the prior Due Period and the amount on deposit in subclause (ii) abovethe Pre-Funding Account as of the end of such Due Period; (xvii) The amountNet Interest Cap with respect to the Remittance Date; (xviii) If the Class Remittance Rate for a Class of Notes for such Remittance Date is based on the Net Interest Cap, the amount of any Interest Carryover for such Class of Notes for such Remittance Date; (xix) the amount of the distribution, if any, transferred from allocable to Interest Carryover and the Simple amount of any Interest Excess Account Carryover for all prior Remittance Dates after giving effect to such distribution (in each case, stated separately by Class and in the aggregate); and (xx) Such other information as the Indenture Trustee, the Noteholders and the Certificateholders or the Rating Agencies may reasonably require. The Indenture Trustee shall forward such report to the Noteholders, the Certificateholders, the Owner Trustee and the Rating Agencies on the Remittance Date, together with a separate report indicating the amount of funds deposited in each Note Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess 5.01(a)(iv); and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, Seller pursuant to Section 5.01(a)(ivSections 5.03(c)(i), 5.03(c)(ii) and 5.07(b)(x) (all reports prepared by the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number Indenture Trustee of Mortgage Loans such withdrawals and deposits will be based in each Group outstanding at whole or in part upon the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Date; (xxiv) The amount of Class Interest Carryover Shortfall relating to each Class of Class A Certificates and the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principal; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make such report available information provided to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Indenture Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer). To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report Servicer's Certificate and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may Indenture Trustee shall be entitled to rely upon the lattertelecopy. In the case of information furnished pursuant to subclauses (ii), (iii), (iv), (v), (ix) and (ix) xi), above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each per $1,000 original dollar amount as of the Cut-Off Date. Additionally, on the Special Remittance Date the Indenture Trustee shall, based upon information received from the Servicer, forward to the Noteholders, the Owner Trustee and the Rating Agencies a report setting forth the amount of principal and interest, if any, being paid to each Class of Notes on the Special Remittance Date. (a) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee and the Owner Trustee for distribution to each Person who at any time during the calendar year was a Noteholder or a Certificateholder such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (vi), (ix), and (xiv), above, aggregated for such calendar year or applicable portion thereof during which such Person was a Noteholder or a Certificateholder. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. (b) Upon reasonable advance notice in writing, the Servicer will provide to each Noteholder or Certificateholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Business Loans sufficient to permit such Noteholder or Certificateholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Notes or Certificates, as applicable. (c) The Servicer shall furnish to each Noteholder and Certificateholder, 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 Noteholder and 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 as the Noteholder and Certificateholder may reasonably require; provided, that the Servicer shall be entitled to be reimbursed by such Noteholder or Certificateholder for the Servicer's actual expenses incurred in providing such reports if such reports are not producable in the ordinary course of the Servicer's business. The Rating Agencies shall receive copies of any such reports or information furnished to the Noteholders and Certificateholders.

Appears in 1 contract

Sources: Sale and Servicing Agreement (First International Bancorp Inc)

Statements. Not Each month, not later than 12:00 noon California New York time on the fourth Business Day following the last day of a Due PeriodDetermination Date, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination Date, the Trustee shall deliver to the Servicer, the Depositor and to the Certificate InsurerTrustee, by telecopy, for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with a hard copy thereof and the Servicer's Monthly Computer Diskette in the form attached hereto as Exhibit L (both in hard copy and in computer diskette form) to be delivered on the succeeding Distribution Business Day following the Determination Date, a statement certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the “Trustee’s Remittance Report”) containing date (day, month and year), the information set forth below (to Series number of the extent any such information to be delivered by Certificates, the Servicer pursuant to the first sentence date of this Section 5.01(a) has been so delivered) with respect to Agreement, and, as of the close of business on the Record Date for such Distribution Datemonth: (i) The Group 1 and Group 2 Available Funds and each Certificate Rate for the related Distribution Remittance Date; (ii) The Aggregate Class A Certificate Principal Balance, the Aggregate Class B Certificate Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Pool Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report Servicer's Certificate pursuant to subclause (xii) below, or, in the case of the first Determination Date, the Original Class A and Class B Certificate Principal Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Pool Principal Balance of the Mortgage Loans in each GroupBalance; (iii) The number and Principal Balances of all Mortgage SBA Loans and of the Mortgage Loans in each Group, that which were the subject of Principal Prepayments during the Due Period and the number and Principal Balances of all Defaulted SBA Loans purchased by the Servicer during the Due Period; (iv) The amount product of the Unguaranteed Percentage multiplied by all Curtailments in each Group that which were received during the Due Period; (v) The principal portion product of the Unguaranteed Percentage multiplied by all Excess Payments and the product of the Unguaranteed Percentage multiplied by all Monthly Payments for each Group in respect of principal received during the Due Period; (vi) The aggregate amount of interest received on the Mortgage Loans in Unguaranteed Interest of each GroupSBA Loan; (vii) The amount of the Monthly Advances to be made on the Determination Date and the Compensating Interest payment to be made on the Determination Date for each GroupDate; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit LK; (ix) The Remittance Amount for each Class product of the Unguaranteed Percentage multiplied by the amount of any losses realized on a Liquidated SBA Loan; (x) The Class A and Class A-IO Certificates B Interest Distribution Amounts and Principal Distribution Amounts for the Distribution Remittance Date with the components thereof stated separately; (xxi) The amount stated in dollars and as a percentage of the Insured Amounts for each Groupcurrent aggregate Principal Balance of the Class A and Class B Certificates of the funds available in the Spread Account as of the related Record Date in cash and from liquidation of Permitted Instruments and the amount, if any, to be paid on transferred from the Distribution Date; (xi) The amount to be distributed Spread Account to the Class R Certificateholders for the Distribution DateCertificate Account pursuant to Section 6.02(b)(i); (xii) The Aggregate Class A Certificate Principal Balance, Aggregate Class B Certificate Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Pool Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Remittance Date; (xiii) The weighted average remaining term to maturity of the Mortgage Loans in each Group Spread Account Balance and the weighted average Loan Rate in each GroupSpecified Spread Account Requirement with respect to such Remittance Date; (xiv) The Servicing Fee for each Group weighted average maturity and the amount to be paid to the Certificate Insurer pursuant to Section 5.01weighted average SBA Loan Interest Rate; (xv) The Servicing Fees and the Annual Expense Escrow Amount and other amounts to be deposited to the Expense Account; (xvi) The amount of all payments or and reimbursements to the Servicer pursuant to Section 3.03; 5.04 (xvib), (c), (d)(ii), (e) The Pool Factor for each Group determined using the balances in subclause and (ii) abovef); (xvii) The amount, if any, transferred from the Simple Interest Excess Account Class A and Class B Remittance Rates with respect to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01such Remittance Date; (xviii) The percentage During the Funding Period, the aggregate Principal Balance of the related Excess Spread used to determine Subsequent SBA Loans purchased during the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess prior Due Period and the allocation amount on deposit in the Pre-Funding Account as of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01;end of such Due Period; and (xix) Such other information as the Trustee, the Certificateholders or the Rating Agency may reasonably require; provided, however, that the Servicer shall have no obligation to distribute such information directly to any Certificateholder. The Trustee shall forward such report to the Certificateholders and the Rating Agency on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Certificate Account pursuant to Section 6.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Seller, as appropriate, Seller pursuant to Section 5.01(a)(ivSections 6.03(c)(i), 6.03(c)(ii) and 6.07(b)(vii) (all reports prepared by the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number Trustee of Mortgage Loans such withdrawals and deposits will be based in each Group outstanding at whole or in part upon the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Date; (xxiv) The amount of Class Interest Carryover Shortfall relating to each Class of Class A Certificates and the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principal; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make such report available information provided to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer). To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report Servicer's Certificate and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may Trustee shall be entitled to rely upon the lattertelecopy. In the case of information furnished pursuant to subclauses (ii), (iii), (iv), (v), (x) and (ix) xii), above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each per $1,000 original dollar amount as of the Cut-Off Date. Additionally, on the Special Remittance Date the Trustee shall, based upon information received from the Servicer, forward to the Certificateholders and the Rating Agency a report setting forth the amount of principal and interest, if any, being paid to each Class of Certificates on the Special Remittance Date. (a) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Certificateholder such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (vi), (x), and (xiv), above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. (b) Upon reasonable advance notice in writing, the Servicer will provide to each Certificateholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the SBA Loans sufficient to permit such Certificateholder to comply with applicable regulations of its regulatory authorities with respect to investment in the Certificates. (c) The Servicer shall furnish to each Certificateholder, 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 as the Certificateholder may reasonably require; provided, that the Servicer shall be entitled to be reimbursed by such Certificateholder for the Servicer's actual expenses incurred in providing such reports if such reports are not producible in the ordinary course of the Servicer's business. The Rating Agency shall receive copies of any such reports or information furnished to the Certificateholders.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (First International Bancorp Inc)

Statements. Not later than 12:00 noon California time on the fourth Business Day following the last day of a Due Period, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to (a) On each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination Distribution Date, the Trustee shall deliver based, as applicable, on information provided to it by the Servicer, the Depositor Certificate Administrator shall prepare and make available to each Holder of the Certificate InsurerRegular Certificates, by telecopy, with a hard copy thereof to be delivered on the succeeding Distribution DateServicer and the Rating Agencies, a statement (the “Trustee’s Remittance Report”) containing the information set forth below (as to the extent any such information to be delivered by the Servicer pursuant to the first sentence of this Section 5.01(a) has been so delivered) with respect to distributions made on such Distribution Date: (i) The Group 1 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 Group 2 Available Funds and each Certificate Rate for the related Distribution Dateamount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges; (ii) The Class Principal Balance the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report pursuant P Certificates) allocable to subclause (xii) belowinterest, or, in the case of the first Determination Date, the Original Class Certificate Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of the Mortgage Loans in each Groupseparately identified; (iii) The number and Principal Balances of all Mortgage Loans and of the Mortgage Loans in each Group, that were the subject of Principal Prepayments during the Due Period; (iv) The amount of all Curtailments in each Group that were received during the Due Period; (v) The principal portion of all Monthly Payments for each Group received during the Due Period; (vi) The amount of interest received on the Mortgage Loans in each Group; (vii) The amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date for each Group; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xi) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Principal Pool Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Date; (xiii) The weighted average remaining term to maturity of the Mortgage Loans in each Group and the weighted average Loan Rate in each Group; (xiv) The Servicing Fee for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01; (xv) The amount of all payments or reimbursements to the Servicer pursuant to Section 3.03; (xvi) The Pool Factor for each Group determined using the balances in subclause (ii) above; (xvii) The amount, if any, transferred from the Simple Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and Close of Business at the end of the related Due Period; (xxiiv) The amount on deposit in each sub-account the number, aggregate principal balance, and weighted average Mortgage Rate of the Spread Account after Mortgage Loans as of the Distribution Daterelated Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment Period; (xxiiv) The amount the number and aggregate unpaid principal balance of losses experienced on the Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in each Group 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 (C) REO Properties; (vi) the aggregate amount of Principal Prepayments made during the preceding Due related Prepayment Period; (vii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative losses for the Mortgage Loans in each Group as a percentage amount of the related Cut-Off Date Principal BalanceRealized Losses; (xxiiiviii) The the Certificate Principal Balance of the Class A-2 Available Funds CarryforwardA-1 Certificates, if anythe Mezzanine Certificates and the Class O Certificates, after giving effect to all the distributions made on such Distribution Date; (xxivix) The amount of the Unpaid Interest Shortfall Amount, if any, with respect to the Class Interest Carryover Shortfall relating to each Class of Class A A-1 Certificates, the Mezzanine Certificates and the Class A-IO AIO Certificates for such Distribution Date; (x) 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 3.25; (xi) the Credit Enhancement Percentage for such Distribution Date; (xii) the Available Funds Cap Carryforward Amount for the Class A-1 Certificates and the Mezzanine Certificates, separately stating the amount that is allocable to each if any, for such Class Distribution Date and the amount allocable to interest and principal; andremaining unpaid after reimbursements therefor on such Distribution Date; (xxvxiii) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make such report available respective REMIC Pass-Through Rates applicable to the ServicerClass A-1 Certificates, the Depositor, Mezzanine Certificates and the Certificateholders, Class AIO Certificates for such Distribution Date and the Certificate Insurer, REMIC Pass-Through Rate applicable to the Rating Agencies Class A-1 Certificates and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Mezzanine Certificates for the immediately succeeding Distribution Date. Assistance in using ; (xiv) the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with Supplemental Interest Payment for each Class on such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer. To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may rely upon the latter. ; In the case of information furnished pursuant to subclauses (iii) and (ixii) 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. The Certificate Administrator may, in the absence of manifest error, conclusively rely upon the Determination Date Report of the Servicer in its preparation of the statement to Certificateholders pursuant to this Section 4.03. (b) Within a reasonable period of time after the end of each calendar year, the Certificate Administrator shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and (ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Certificate Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Certificate Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Certificate Administrator shall forward to 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 Certificate Administrator deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Certificate Administrator shall deliver to 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 Certificate Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Certificate Administrator pursuant to any requirements of the Code as from time to time in force. (e) No later than noon on the Business Day prior to each Distribution Date, the Certificate Administrator shall forward, by facsimile transmission, the statement prepared pursuant to paragraph (a) of this Section 4.03, together with all other information reasonably necessary to make the distributions pursuant to Section 4.01 of this Agreement, to the Trustee. On each Distribution Date, the Trustee shall forward by mail to each Certificateholder the statement prepared pursuant to paragraph (a) of this Section 4.03. Neither the Trustee nor the Certificate Administrator shall have any responsibility to (i) verify information provided by the Servicer to be included in such statement or (ii) include any information required to be included in such statement if the Servicer has failed to timely produce such information to the Certificate Administrator, as required pursuant hereto.

Appears in 1 contract

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

Statements. (a) Not later than 12:00 noon California New York time on the fourth Business Day following the last day of a Due Period, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination Distribution Date, the Trustee shall deliver to the Master Servicer, the Depositor and to the Certificate Insurer, by telecopy, with a hard copy thereof to be delivered on the succeeding such Distribution Date, a statement (the "Trustee’s 's Remittance Report") (based solely on the information provided pursuant to Section 4.1) containing the information set forth below (to the extent any such information to be delivered by the Servicer pursuant to the first sentence of this Section 5.01(a) has been so delivered) with respect to such Distribution Date: (i) The Group 1 and Group 2 Available Funds and each Certificate Rate for the related Distribution Date; (ii) The Class A Principal Balance of each Class of Class A Certificates and Class, the Notional Aggregate Loan Balance of each Class of Class A-IO Certificates and the Aggregate Principal Loan Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s 's Remittance Report pursuant to subclause (xii) belowReport, or, in the case of the first Determination Date, the Original Class Certificate A Principal Balance of each Class of Class A Certificates Class, and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of the Mortgage Loans in each GroupAggregate Loan Balance; (iii) The number and Principal Balances aggregate amount of all Mortgage Loans and of collections received on the Mortgage Loans on or prior to the Determination Date in each Grouprespect of the preceding Collection Period, that were separately stating the subject amounts received in respect principal and interest and reporting separately, the amounts received in respect of scheduled principal payments and the amounts representing Principal Prepayments during the Due PeriodPrepayments; (iv) The amount of all Curtailments in each Group that were received during repaid by the Due PeriodSeller or Master Servicer (reported separately) pursuant to Sections 2.2, 2.6 or 3.1; (v) The principal portion of all Monthly Payments for each Group received during the Due Period; (vi) The amount of interest received on the Mortgage Loans in each Group; (vii) The amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date for each Groupwith respect to such Distribution Date; (viiivi) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount for each Class of Class A and Class A-IO Certificates Principal Distribution for the Distribution Date with the components thereof stated separatelyseparately and the Class Interest Distribution for the Distribution Date and for each Class, stating separately the components thereof; and the Class B-IO Distribution Amount for such Distribution Date, separately stating the components thereof; (xvii) The amount, if any, of the Outstanding Class Interest Carryover Shortfall and Outstanding Class A Principal Carryover Shortfall for each Class after giving effect to the distributions on such Distribution Date; (viii) The amount of the Insured Amounts for each GroupPayment, if any, to be paid made on the Distribution Date; (xi) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xiiix) The Class A Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Class A Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Date; (xiiix) The weighted average remaining term to maturity of the Mortgage Loans in each Group and the weighted average Loan Rate in each GroupRate; (xivxi) The Servicing Fee for each Group and the amount to be paid to the Certificate Insurer Insurer, separately stated, pursuant to Section 5.01Sections 5.1(a)(i)(D), 5.1(a)(ii)(A) and 5.1(a)(ii)(B); (xvxii) The amount of all payments or reimbursements to the Master Servicer pursuant to Section 3.033.3; (xvixiii) The Pool Factor for each Group determined using the balances in subclause (iix) above, computed to six (6) decimal places; (xviixiv) The amountO/C Amount, if anythe O/C Reduction Amount, transferred from the Simple Interest Excess Account to O/C Amount and the Specified O/C Amount for the Distribution Account pursuant to Section 5.03 Date and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01such Distribution Date; (xixxv) The amounts which are reimbursable amount of Distributable Excess Spread to be distributed to the Servicer or the Seller, as appropriate, Class A Certificateholders on such Distribution Date pursuant to Section 5.01(a)(ivSections 5.1(a)(i)(E) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix)on such Distribution Date; (xxxvi) The number of Mortgage Loans in each Group outstanding at the beginning and at the end of the related Due Collection Period; (xvii) The aggregate Liquidation Loss Amount, if any, for the preceding Collection Period, the cumulative Total Losses and the Rolling Three Month Delinquency Rate; (xviii) The Aggregate Loan Balance, as of the end of the Collection Period related to such Distribution Date; (xix) The number and aggregate Principal Balances of Mortgage Loans (w) as to which the Monthly Payment is delinquent for 30-59 days, 60-89 days and 90 or more days, respectively, (x) that have become REO, in each case as of the end of the preceding Collection Period, (y) that are in foreclosure, and (z) the Mortgagor of which is the subject of any bankruptcy or insolvency proceeding; (xx) The unpaid principal amount of all Mortgage Loans that became Liquidated Mortgage Loans during such Collection Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution DateNet Liquidation Proceeds received during such Collection Period; (xxii) The amount book value (within the meaning of losses experienced on the Mortgage Loans 12 C.F.R. ss. 571.13 or comparable provision) of any real estate acquired through foreclosure or grant of a deed in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage lieu of the related Cut-Off Date Principal Balance;foreclosure; and (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect Such other information as is required by the Code and regulations thereunder to all distributions on such Distribution Date; (xxiv) The amount be made available to Holders of Class Interest Carryover Shortfall relating to each Class of the Class A Certificates and the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principal; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make forward such report available to the Master Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Certificateholders and the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Master Servicer. To the extent that there are inconsistencies between the telecopy of the Trustee’s 's Remittance Report and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Master Servicer may rely upon the latter. In the case of information furnished pursuant to subclauses subclause (ii) and (ix) 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 furnish to each Person who at any time during the calendar year was a Class A or Class B-IO Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (vi) and (vii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Trustee shall forward to the Residual Certificateholders a copy of the reports forwarded to the Class A and Class B-IO Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Residual Certificateholders on such Distribution Date together with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a 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) The Master Servicer and the Trustee shall furnish to each Certificateholder and to the Certificate Insurer (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 the Certificate Insurer, as the case may be, 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 or the Certificate Insurer, as the case may be, may reasonably require; provided, that the Master Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder or the Certificate Insurer, as the case may be, 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 tapes furnished by the Master Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent provided in this Agreement and to the extent required by law or to the Rating Agencies, the Depositor, the Certificate Insurer's reinsurer, parent, regulators, liquidity providers and auditors and to the extent the Seller instructs the Trustee in acting to furnish information regarding the Trust or the Mortgage Loans to third-party information providers. No Person entitled to receive copies of such reports or tapes or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (First Union Residential Securitization Transactions Inc)

Statements. Not later than 12:00 noon California time (a) On each Distribution Date, based, as applicable, on information provided to it by the fourth Business Day following the last day of a Due Period, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination DateServicer, the Trustee shall deliver prepare and make available to each Holder of the ServicerRegular Certificates, the Depositor Swap Counterparties, the Servicer and to the Certificate Insurer, by telecopy, with a hard copy thereof to be delivered on the succeeding Distribution DateRating Agencies, a statement (the “Trustee’s Remittance Report”) containing the information set forth below (as to the extent any such information to be delivered by the Servicer pursuant to the first sentence of this Section 5.01(a) has been so delivered) with respect to distributions made on such Distribution Date: (i) The Group 1 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 Group 2 Available Funds and each Certificate Rate for the related Distribution Dateamount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges; (ii) The Class Principal Balance the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report pursuant P Certificates) allocable to subclause (xii) belowinterest, or, in the case of the first Determination Date, the Original Class Certificate Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of the Mortgage Loans in each Groupseparately identified; (iii) The number and Principal Balances the Pool Balance of all the Group I Mortgage Loans, the Group II Mortgage Loans and of the Group III Mortgage Loans in each Group, that were the subject of Principal Prepayments during the Due Period; (iv) The amount of all Curtailments in each Group that were received during the Due Period; (v) The principal portion of all Monthly Payments for each Group received during the Due Period; (vi) The amount of interest received on the Mortgage Loans in each Group; (vii) The amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date for each Group; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xi) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Date; (xiii) The weighted average remaining term to maturity of the Mortgage Loans in each Group and the weighted average Loan Rate in each Group; (xiv) The Servicing Fee for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01; (xv) The amount of all payments or reimbursements to the Servicer pursuant to Section 3.03; (xvi) The Pool Factor for each Group determined using the balances in subclause (ii) above; (xvii) The amount, if any, transferred from the Simple Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and Close of Business at the end of the related Due Period; (xxiiv) The amount on deposit in each sub-account the number, aggregate principal balance, and weighted average Mortgage Rate of the Spread Account after Mortgage Loans as of the Distribution Daterelated Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment Period; (xxiiv) The amount the number and aggregate unpaid principal balance of losses experienced on the Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in each Group 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 (C) REO Properties; (vi) the aggregate amount of Principal Prepayments made during the preceding Due related Prepayment Period; (vii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative losses for the Mortgage Loans in each Group as a percentage amount of the related Cut-Off Date Principal BalanceRealized Losses; (xxiiiviii) The the Certificate Principal Balance of each class of the Class A-2 Available Funds CarryforwardA Certificates, if anyeach class of the Mezzanine Certificates, each class of the Class B Certificates and the Class O Certificates, after giving effect to all the distributions made on such Distribution Date; (xxivix) The the Unpaid Interest Shortfall Amount, if any, with respect to each class of the Class A Certificates, each class of the Mezzanine Certificates and each class of Class B Certificates for such Distribution Date; (x) 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 3.25; (xi) the Credit Enhancement Percentage for such Distribution Date; (xii) the Available Funds Cap Carryforward Amount for each class of the Class Interest Carryover Shortfall relating A Certificates, each class of the Mezzanine Certificates and each class of the Class B Certificates if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xiii) the respective Pass-Through Rates applicable to each Class class of the Class A Certificates, each class of the Mezzanine Certificates and the Class AB Certificates for such Distribution Date and the Pass-IO Through Rate applicable to each class of the Class A Certificates, separately stating each class of the Mezzanine Certificates and each class of the Class B Certificates for the immediately succeeding Distribution Date; (xiv) the Supplemental Interest Payment for each Class on such Distribution Date; (xv) the difference between (x) the sum of (i) aggregate notional amount that is allocable to each of the Swap Agreements and (ii) the aggregate notional amount of the Cap Agreements and (y) the aggregate Certificate Principal Balance of the Underwritten Certificates on such Class and Distribution Date; (xvi) the amount allocable to interest and principalRequired Overcollateralization Amount for such Distribution Date; and (xxvxvii) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make Excess Cashflow for such report available to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer. To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may rely upon the latter. In the case of information furnished pursuant to subclauses (iii) and (ixii) 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 CutClosing Date. The Trustee may, in the absence of manifest error, conclusively rely upon the Determination Date Report of the Servicer in its preparation of the statement to Certificateholders pursuant to this Section 4.03. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) 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 forward to 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 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 post on its website at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇\absmbs, which posting shall be accessible to each Certificateholder and the Swap Counterparty, the statement prepared pursuant to paragraph (a) of this Section 4.03. Assistance in using the website can be obtained by calling the Trustee's customer service desk at ▇-Off ▇▇▇-▇▇▇-▇▇▇▇. Such 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The Trustee shall not have any responsibility to (i) verify information provided by the Servicer to be included in such statement or (ii) include any information required to be included in such statement if the Servicer has failed to timely produce such information to the Trustee, as required pursuant hereto. (f) No later than noon on the second Business Day prior to each Distribution Date, the Trustee will verify that no Notional Amount Test Event is scheduled to occur on the related Distribution Date. In the event a Notional Amount Test Event would otherwise occur on the related Distribution Date, the Trustee will immediately provide notice in the form of Exhibit J to the appropriate NovaStar entity and assign in $10,000,000 increments a portion of the related notional amount from the affected Swap Agreement on the day immediately preceding that Distribution Date until no Notional Amount Test Event will occur on the related Distribution Date. The Trustee shall assign the applicable notional amount from the Swap Agreement with the earliest maturity. In the event that two or more Swap Agreements have the same maturity date, which date is the earliest maturity date of the outstanding Swap Agreements, the Trustee shall assign the applicable notional amounts from the Swap Agreement(s) on a pro rata basis. Once such notional amounts have been assigned back to the appropriate NovaStar entity, the related Swap Counterparty will have no obligation to, nor interest in, the Trust with respect to such notional amounts. Furthermore, no distributions will be made from the Supplemental Interest Trust I to the related Swap Counterparty in respect of notional amounts assigned under this Section 4.03 (f). In no event shall the Trustee allow a Notional Amount Test Event to occur on any Distribution Date.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Novastar Home Equity Loan Asset Backed Cert Series 2003-3)

Statements. Not later than 12:00 noon California time (a) On each Distribution Date, based, as applicable, on information provided to it by the fourth Business Day following the last day of a Due Period, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination DateServicer, the Trustee shall deliver prepare and make available to each Holder of the ServicerRegular Certificates, the Depositor Swap Counterparties, the Servicer and to the Certificate Insurer, by telecopy, with a hard copy thereof to be delivered on the succeeding Distribution DateRating Agencies, a statement (the “Trustee’s Remittance Report”) containing the information set forth below (as to the extent any such information to be delivered by the Servicer pursuant to the first sentence of this Section 5.01(a) has been so delivered) with respect to distributions made on such Distribution Date: (i) The Group 1 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 Group 2 Available Funds and each Certificate Rate for the related Distribution Dateamount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges; (ii) The Class Principal Balance the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report pursuant P Certificates) allocable to subclause (xii) belowinterest, or, in the case of the first Determination Date, the Original Class Certificate Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of the Mortgage Loans in each Groupseparately identified; (iii) The number and Principal Balances the Pool Balance of all the Group I Mortgage Loans and of the Group II Mortgage Loans in each Group, that were the subject of Principal Prepayments during the Due Period; (iv) The amount of all Curtailments in each Group that were received during the Due Period; (v) The principal portion of all Monthly Payments for each Group received during the Due Period; (vi) The amount of interest received on the Mortgage Loans in each Group; (vii) The amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date for each Group; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xi) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Date; (xiii) The weighted average remaining term to maturity of the Mortgage Loans in each Group and the weighted average Loan Rate in each Group; (xiv) The Servicing Fee for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01; (xv) The amount of all payments or reimbursements to the Servicer pursuant to Section 3.03; (xvi) The Pool Factor for each Group determined using the balances in subclause (ii) above; (xvii) The amount, if any, transferred from the Simple Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and Close of Business at the end of the related Due Period; (xxiiv) The amount on deposit in each sub-account the number, aggregate principal balance, and weighted average Mortgage Rate of the Spread Account after Mortgage Loans as of the Distribution Daterelated Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment Period; (xxiiv) The amount the number and aggregate unpaid principal balance of losses experienced on the Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in each Group 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 (C) REO Properties; (vi) the aggregate amount of Principal Prepayments made during the preceding Due related Prepayment Period; (vii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative losses for the Mortgage Loans in each Group as a percentage amount of the related Cut-Off Date Principal BalanceRealized Losses; (xxiiiviii) The the Certificate Principal Balance of each class of the Class A-2 Available Funds CarryforwardA Certificates, if anyeach class of the Mezzanine Certificates and the Class O Certificates, after giving effect to all the distributions made on such Distribution Date; (xxivix) The the Unpaid Interest Shortfall Amount, if any, with respect to each class of the Class A Certificates, each class of the Mezzanine Certificates and the Class AIO Certificates for such Distribution Date; (x) the aggregate amount of Class any Prepayment Interest Carryover Shortfall relating Shortfalls for such Distribution Date, to the extent not covered by payments by the Servicer pursuant to Section 3.25; (xi) the Credit Enhancement Percentage for such Distribution Date; (xii) the Available Funds Cap Carryforward Amount for each Class class of the Class A Certificates and each class of the Class A-IO Mezzanine Certificates, separately stating the amount that is allocable to each if any, for such Class Distribution Date and the amount allocable remaining unpaid after reimbursements therefor on such Distribution Date; (xiii) the respective REMIC Pass-Through Rates applicable to interest each class of the Class A Certificates, each class of the Mezzanine Certificates and principalthe Class AIO Certificates for such Distribution Date and the REMIC Pass-Through Rate applicable to each class of the Class A Certificates and each class of the Mezzanine Certificates for the immediately succeeding Distribution Date; (xiv) the Supplemental Interest Payment for each Class on such Distribution Date; (xv) the difference between the Swap Notional Amount and the Underwritten Certificates Principal Balance on such Distribution Date; (xvi) the Required Overcollateralization Amount for such Distribution Date; and (xxvxvii) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make Excess Cashflow for such report available to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer. To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may rely upon the latter. In the case of information furnished pursuant to subclauses (iii) and (ixii) 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 CutClosing Date. The Trustee may, in the absence of manifest error, conclusively rely upon the Determination Date Report of the Servicer in its preparation of the statement to Certificateholders pursuant to this Section 4.03. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) 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 forward to 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 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 post on its website at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇\absmbs, which posting shall be accessible to each Certificateholder, the statement prepared pursuant to paragraph (a) of this Section 4.03. Assistance in using the website can be obtained by calling the Trustee's customer service desk at ▇-Off ▇▇▇-▇▇▇-▇▇▇▇. Such 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The Trustee shall not have any responsibility to (i) verify information provided by the Servicer to be included in such statement or (ii) include any information required to be included in such statement if the Servicer has failed to timely produce such information to the Trustee, as required pursuant hereto. (f) No later than noon on the second Business Day prior to each Distribution Date, the Trustee will verify that no Notional Amount Test Event is scheduled to occur on the related Distribution Date. In the event a Notional Amount Test Event would otherwise occur on the related Distribution Date, the Trustee will immediately provide notice in the form of Exhibit J to the appropriate NovaStar entity and assign or reduce in $25,000,000 increments a portion of the related notional amount from the affected Swap Agreement on the day immediately preceding that Distribution Date until no Notional Amount Test Event will occur on the related Distribution Date. The Trustee shall assign or reduce the applicable notional amount from the Swap Agreement with the earliest maturity. In the event that two or more Swap Agreements have the same maturity date, which date is the earliest maturity date of the outstanding Swap Agreements, the Trustee shall assign or reduce the applicable notional amounts from the Swap Agreement(s) on a pro rata basis. Once such notional amounts have been reduced or assigned back to the appropriate NovaStar entity, the related Swap Counterparty will have no obligation to, nor interest in, the Trust with respect to such notional amounts. Furthermore, no distributions will be made from the Supplemental Interest Trust to the related Swap Counterparty in respect of notional amounts assigned or reduced under this Section 4.03 (f). In no event shall the Trustee allow a Notional Amount Test Event to occur on any Distribution Date.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Novastar Mortgage Funding Corp Home Eq Ln as Bk Ce Se 03 1)

Statements. (a) Not later than 12:00 noon California time noon, New York City time, on the fourth Business Day following the last day of a Due Periodeach Determination Date, the Servicer shall deliver to the Trustee a computer tape (or such other report in a form and format mutually agreeable to the Servicer and the Trustee) containing the information set forth on in Exhibit D E hereto as to each Mortgage Loan as of such the end of the preceding Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on On the Determination Business Day preceding the Distribution Date, the Trustee shall deliver to the Servicer, the Depositor and to the Certificate Insurer, by telecopy, with a hard copy thereof to be delivered on the succeeding such Distribution Date, a statement (the "Trustee’s 's Remittance Report") (based solely on the information contained on the computer tape) containing the information set forth below (to the extent any such information to be delivered by the Servicer pursuant to the first sentence of this Section 5.01(a) has been so delivered) with respect to such Distribution Date: (i) The Group 1 and Group 2 Available Funds and each Class' Certificate Rate for the related Distribution Date; (ii) The Class A-1 Principal Balance of each Class of Class A Certificates and Balance, the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group Class A-2 Certificates, the Pool Principal Balance as reported in the prior Trustee’s 's Remittance Report pursuant to subclause (xii) below, or, in the case of the first Determination Date, the Original Class A-1 Certificate Principal Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Pool Principal Balance of the Mortgage Loans in each GroupBalance; (iii) The aggregate amount of collections received on the Mortgage Loans on or prior to such Determination Date in respect of the preceding Due Period, separately stating the amounts received in respect of principal and interest; (iv) The number and Principal Balances of all Mortgage Loans and of the Mortgage Loans in each Group, that were the subject of Principal Prepayments during the Due Period; (iv) The amount of all Curtailments in each Group that were received during the related Due Period; (v) The principal portion amount of all Monthly Payments for each Group Curtailments that were received during the Due Period; (vi) The amount principal portion of all Monthly Payments received during the Due Period; (vii) The interest portion of all Monthly Payments received on the Mortgage Loans in each Groupduring the Due Period; (viiviii) The amount required to be paid by the Seller (reported separately) pursuant to Sections 2.02, 2.04 or 2.06; (ix) The amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date for each Groupwith respect to such Distribution Date; (viiix) The delinquency the Certificate Rate on the Variable Rate Certificates and foreclosure information set forth in the form attached hereto as Exhibit LCertificate Index; (ixxi) The Remittance Amount Class A-1 Principal Distribution and the Class Interest Distribution for the related Distribution Date to be distributed on each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separatelyCertificates; (xxii) The amount, if any, of the Outstanding Class Interest Carryover Shortfall and Class A-1 Principal Shortfall Amount after giving effect to the distributions on the related Distribution Date; (xiii) The amount of the Insured Amounts for each GroupPayments, if any, to be paid made on the related Distribution Date; (xixiv) The amount to be distributed to the Class R Certificateholders for the related Distribution Date; (xiixv) The Class A-1 Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the related Distribution Date; ; (xiiixvi) The weighted average remaining term to maturity of the Mortgage Loans in each Group and the weighted average Loan Rate in each GroupRate; (xiv) The Servicing Fee for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01; (xv) The amount of all payments or reimbursements to the Servicer pursuant to Section 3.03; (xvi) The Pool Factor for each Group determined using the balances in subclause (ii) above; (xvii) The amount, if any, transferred from the Simple Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Date; (xxiv) The amount of Class Interest Carryover Shortfall relating to each Class of Class A Certificates and the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principal; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make such report available to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer. To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may rely upon the latter. In the case of information furnished pursuant to subclauses (ii) and (ix) 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.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities Inc)

Statements. Not (a) No later than 12:00 12 noon (California time time) on the fourth Business Day following the last day of a Due Periodeach Remittance Date, the Servicer shall deliver to the Indenture Trustee a computer tape containing and the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination DateInitial Noteholder by facsimile, the Trustee receipt and legibility of which shall deliver to the Servicerbe confirmed by telephone, the Depositor and to the Certificate Insurer, by telecopy, with a hard copy thereof to be delivered no later than one (1) Business Day after such Remittance Date, the Servicer's Remittance Report, setting forth the date of such Report (day, month and year), the name of the Issuer (i.e., "Advanta Home Equity Loan Owner Trust 1998-MS1"), the Series designation of the Notes (i.e., "Series 1998-MS1") and the date of this Agreement, all in substantially the form set out in Exhibit B hereto. Furthermore, on each Remittance Date, the succeeding Distribution Servicer shall deliver to the Indenture Trustee and the Initial Noteholder a magnetic tape or computer disk providing, with respect to each Loan in the Loan Pool as of the last day of the related Remittance Period (i) the related Loan Originator's internal loan identifying number; (ii) if such Loan is an ARM, the current Loan Interest Rate; (iii) the Principal Balance with respect to such Loan; (iv) the date of the last Monthly Payment paid in full; and (v) such other information as may be reasonably requested by the Initial Noteholder and the Indenture Trustee. (i) No later than 12 noon (California time) on each Remittance Date, the Servicer shall prepare and provide to the Indenture Trustee via fax, receipt confirmed by telephone, the Initial Noteholder and each Noteholder, a statement (the “Trustee’s Remittance Report”"Payment Statement"), (1) containing the information set forth below (to aggregate amount of collections in respect of principal of the extent any such information to be delivered Loans received by the Servicer during the preceding Remittance Period; (2) the aggregate amount of collections in respect of interest on the Loans received by the Servicer during the preceding Remittance Period; (3) all Mortgage Insurance Proceeds received by the Servicer and not required to be applied to restoration or repair of the related Mortgaged Property during the preceding Remittance Period; (4) all Net Liquidation Proceeds deposited by the Servicer into the Collection Account during the preceding Remittance Period; (5) all Released Mortgaged Property Proceeds deposited by the Servicer into the Collection Account during the preceding Remittance Period; (6) the aggregate amount of all Servicing Advances, set forth separately, made by the Servicer during the preceding Remittance Period; (7) the aggregate of all amounts deposited into the Collection Account in respect of the repurchase of Unqualified Loans and the repurchase of Loans pursuant to Section 2.05 hereof during the first sentence preceding Remittance Period; (8) the aggregate Principal Balance of this all Loans for which a Servicer Call was exercised during the preceding Remittance Period; (9) the aggregate Principal Balance of all Loans for which a Loan Originator Put was exercised during the preceding Remittance Period; (10) the aggregate amount of all payments received under Hedging Instruments during the preceding Remittance Period; (11) the aggregate amount of all withdrawals from the Collection Account pursuant to Section 5.01(a5.01(c)(1)(i) has been so deliveredhereof during the preceding Remittance Period; (12) the aggregate amount of cash Disposition Proceeds received during the preceding Remittance Period; (13) withdrawals from the Collection Account in respect of the Servicing Advance Reimbursement Amount with respect to such Distribution Date: (i) The Group 1 and Group 2 Available Funds and each Certificate Rate for the related Distribution Payment Date; (ii14) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report pursuant to subclause (xii) below, or, in the case of the first Determination Date, the Original Class Certificate Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of the Mortgage Loans in each Group[Reserved]; (iii15) The number [Reserved]; (16) the aggregate amount of Liquidated Loan Losses incurred (i) during the preceding Remittance Period, and (ii) during the preceding three Remittance Periods; (17) the aggregate of the Principal Balances of all Mortgage Loans and of the Mortgage Loans in each Group, that were the subject Loan Pool as of Principal Prepayments during the Due Period; (iv) The amount of all Curtailments in each Group that were received during the Due Period; (v) The principal portion of all Monthly Payments for each Group received during the Due Period; (vi) The amount of interest received on the Mortgage Loans in each Group; (vii) The amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date for each Group; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xi) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Date; (xiii) The weighted average remaining term to maturity of the Mortgage Loans in each Group and the weighted average Loan Rate in each Group; (xiv) The Servicing Fee for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01; (xv) The amount of all payments or reimbursements to the Servicer pursuant to Section 3.03; (xvi) The Pool Factor for each Group determined using the balances in subclause (ii) above; (xvii) The amount, if any, transferred from the Simple Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and at the end of the related Due Remittance Period; (xxi18) The the aggregate amount on deposit in each sub-account of the Spread Account after all deposits into the Distribution Account from the Transfer Obligation Account pursuant to Sections 5.05(e), 5.05(f), 5.05(g), and 5.05(h) on the preceding Payment Date; (xxii19) The if the Servicer is not Advanta Corp. or an Affiliate thereof, the aggregate amount of losses experienced on distributions in respect of Servicing Compensation to the Mortgage Loans in each Group during the preceding Due Period Servicer, and the cumulative losses unpaid Servicing Compensation from prior Payment Dates for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Payment Date; (xxiv20) The the aggregate amount of Class Interest Carryover distributions in respect of Indenture Trustee Fees and unpaid Indenture Trustee Fees from prior Payment Dates for the related Payment Date; (21) the aggregate amount of distributions in respect of the Custodian Fee and unpaid Custodian Fees from prior Payment Dates for the related Payment Date; (22) the Unfunded Transfer Obligation and Overcollateralization Shortfall relating on such Payment Date for the related Payment Date; (23) the aggregate amount of distributions in respect of Servicing Compensation and unpaid Servicing Compensation from prior Payment Dates, to each Class the Servicer, if Advanta Corp. or an Affiliate thereof is the Servicer, for the related Payment Date; (24) the aggregate amount of Class A distributions to the Transfer Obligation Account for the related Payment Date; (25) the aggregate amount of distributions in respect of Trust/Depositor Indemnities for the related Payment Date; (26) the aggregate amount of distributions to the holders of the Trust Certificates and for the Class A-IO Certificates, separately stating related Payment Date; (27) the amount that is allocable Note Principal Balance of the Notes as of the last day of the related Remittance Period (without taking into account any additional Note (28) the Pool Principal Balance as of the end of the preceding Remittance Period; (29) whether a Rapid Amortization Trigger shall exist with respect to each such Class and Payment Date; (30) the amount allocable to interest and principalaggregate Principal Balance of all HELOC Mortgage Loans as of the end of the related Remittance Period; (31) the aggregate Principal Balance of all Draw Amounts during the preceding Remittance Period; (32) the aggregate Principal Balance of Credit Limits on the HELOC Mortgage Loans as of the end of the related Remittance Period; and (xxv33) Whether the Unfunded Draw Reimbursement Amounts as of the end of the related Remittance Period. Such Payment Statement shall also be provided on the Remittance Date to the Initial Noteholder and Indenture Trustee in the form of a Servicer Termination Delinquency Event magnetic tape or computer disk in a Servicer Termination Loss Event has occurred form mutually agreed to by and specifying between the details thereofInitial Noteholder, the Indenture Trustee and the Servicer. The Indenture Trustee shall make such report available have no duty to monitor the occurrence of a Performance Trigger, Rapid Amortization Trigger, Collateral Value Excess or any events resulting in withdrawals from the Transfer Obligation Account. (c) On each Payment Date, the Indenture Trustee shall forward to the Servicer, holders of the Depositor, Securities a copy of the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Payment Statement in respect of such Payment Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, other information as the Indenture Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer. To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may rely upon the latter. In the case of information furnished pursuant to subclauses (ii) and (ix) 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 Datedeems necessary or appropriate.

Appears in 1 contract

Sources: Sale and Servicing Agreement (Advanta Corp)

Statements. Not later than 12:00 noon California time (a) On each Distribution Date, based, as applicable, on information provided to it by the fourth Business Day following the last day of a Due Period, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination DateMaster Servicer, the Trustee shall deliver prepare and make available to each Holder of the Regular Certificates, the Master Servicer, the Depositor and to the Certificate Insurer, by telecopy, with a hard copy thereof to be delivered on the succeeding Distribution DateInterest Rate Swap Provider and the Rating Agencies, a statement (the “Trustee’s Remittance Report”) containing the information set forth below (as to the extent any such information to be delivered by the Servicer pursuant to the first sentence of this Section 5.01(a) has been so delivered) with respect to distributions made on such Distribution Date: (i) The Group 1 and Group 2 Available Funds and the amount of the distribution made on such Distribution Date to the Holders of each Certificate Rate for Class of the related Distribution DateCertificates allocable to principal; (ii) The the amount of the distribution made on such Distribution Date to the Holders of each Class of the Certificates allocable to interest; (iii) reserved; (iv) the aggregate amount of servicing compensation received by the Master Servicer with respect to the related Remittance Period (separately identifying Servicing Fees and other servicing compensation) and such other customary information as the Trustee reasonably deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) the aggregate amount of Advances for the related Remittance Period; (vi) the Pool Balance at the Close of Business at the end of the related Remittance Period; (vii) the number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date; (viii) the number and aggregate unpaid Stated Principal Balance of Mortgage Loans (a) 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 preceding case as of the Close of Business on the last day of the calendar month preceding such Distribution Date, and (b) the related Mortgaged Properties of which are REO Properties; (ix) the total number and cumulative Stated Principal Balance of all REO Properties as of the Close of Business of the last day of the preceding Prepayment Period; (x) the aggregate amount of Principal Prepayments made during the related Prepayment Period; (xi) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses; (xii) the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date (xiii) the aggregate Certificate Principal Balance of each Class of Regular Certificates after giving effect to the distributions, and allocations of Realized Losses, made on such Distribution Date separately identifying any reduction thereof due to allocations of Realized Losses (in the case of the Subordinated Certificates and the Class C Certificates); (xiv) the Certificate Factor for each Class of the Regular Certificates applicable to such Distribution Date; (xv) the Accrued Certificate Interest for the Class A Certificates, the Subordinated Certificates and the Class C Certificates for such Distribution Date and Unpaid Interest Shortfall Amount, if any, with respect to the Class A Certificates and the Notional Balance Subordinated Certificates for such Distribution Date; (xvi) the aggregate amount of each Class any Net Prepayment Interest Shortfalls for such Distribution Date; (xvii) the aggregate amount of Class A-IO Certificates any Relief Act Interest Shortfalls for such Distribution Date; (xviii) the Overcollateralized Amount and the Aggregate Principal Balance of Excess Overcollateralization Amount for such Distribution Date; (xix) the Mortgage Loans in each Group as reported in Credit Enhancement Percentage for such Distribution Date; (xx) the prior Trustee’s Remittance Report pursuant to subclause (xii) below, or, in Net WAC Rate Carryover Amount for the case of the first Determination Date, the Original Class Certificate Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of the Mortgage Loans in each Group; (iii) The number and Principal Balances of all Mortgage Loans and of the Mortgage Loans in each Group, that were the subject of Principal Prepayments during the Due Period; (iv) The amount of all Curtailments in each Group that were received during the Due Period; (v) The principal portion of all Monthly Payments for each Group received during the Due Period; (vi) The amount of interest received on the Mortgage Loans in each Group; (vii) The amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date for each Group; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each GroupSubordinated Certificates, if any, for such Distribution Date and the amount remaining unpaid after payments from the Excess Reserve Fund Account are made pursuant to be paid Section 4.01(e); (xxi) when the Stepdown Date has occurred and when a Trigger Event is in effect; (xxii) the deposits to and withdrawals from the Excess Reserve Fund Account on the such Distribution Date; (xi) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Date; (xiii) The weighted average remaining term to maturity of the Mortgage Loans in each Group and the weighted average Loan Rate in each Group; (xiv) The Servicing Fee for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01; (xv) The amount of all payments or reimbursements to the Servicer pursuant to Section 3.03; (xvi) The Pool Factor for each Group determined using the balances in subclause (ii) above; (xvii) The amount, if any, transferred from the Simple Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 the Available Funds Carryforward, if any, after giving effect to all distributions on for such Distribution Date; (xxiv) The amount of the respective Pass-Through Rates applicable to the Class Interest Carryover Shortfall relating A Certificates, the Subordinated Certificates and the Class C Certificates for such Distribution Date and the respective Pass-Through Rates applicable to each Class of the Class A Certificates and the Subordinated Certificates for the immediately succeeding Distribution Date; (xxv) the aggregate Notional Amount of the Class A-IO C Certificates, separately stating in each case after giving effect the reductions thereof to occur on such Distribution Date; (xxvi) the amount that is allocable to each of the Reimbursement Amount for such Class Distribution Date and the amount allocable to interest received by the Certificate Insurer in respect thereof on such Distribution Date; (xxvii) amount of the Fixed Swap Payment, the amount paid by the Interest Rate Swap Provider under the Interest Rate Swap Agreement and principalany Interest Rate Swap Reimbursement Amount; and (xxvxxviii) Whether a Servicer the amount of any Net Swap Payments or Swap Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereofPayments. The Trustee shall will make such report 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 Depositor, the CertificateholdersTrustee, the Certificate Insurer, Insurer and the Rating Agencies and Bloomberg (via the Trustee’s internet website. The Trustee’s internet website shall initially be located at ▇▇▇ ▇▇▇▇ h▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date/▇▇▇▇. Assistance in using the website can be obtained by calling the Trustee’s investor relations customer service desk at (1-▇▇▇) -▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method options are entitled to have a paper copy mailed to them via first class mail by calling the investor relations customer service desk and indicating such. In addition, together with The Trustee shall have the right to change the way such report, statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall forward provide timely and adequate notification to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer. To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may rely upon the latterall above parties regarding any such changes. In the case of information furnished pursuant to subclauses (iii) and (ixii) 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 hypothetical Certificate having an initial Certificate Principal Balance or Notional Amount (in the case of the Cut-Off DateClass C Certificates) equal to $1,000.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Indymac Residential Mortgage-Backed Trust, Series 2005-L2)

Statements. Not (a) Based solely upon the information provided to it by the Servicers pursuant to Section 7.08(d) hereof, not later than 12:00 noon California time on the fourth Business Day following the last day of a Due Period, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination Distribution Date, the Trustee shall deliver make available on its website initially located at www.jpmorgan.com/sfr to the Servicer, the Depositor and to the Certificate Insurer, by telecopy, with a hard copy thereof to be delivered on the succeeding Distribution Date, a statement (the “Trustee’s Remittance Report”) containing the information set forth below (to the extent any such information to be delivered by the Servicer pursuant to the first sentence of this Section 5.01(a) has been so delivered) with respect to such Distribution Date: (i) The Group 1 and Group 2 Available Funds and each Certificate Rate for the related Distribution Date; (ii) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report pursuant to subclause (xii) below, or, in the case of the first Determination Date, the Original Class Certificate Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of the Mortgage Loans in each Group; (iii) The number and Principal Balances of all Mortgage Loans and of the Mortgage Loans in each Group, that were the subject of Principal Prepayments during the Due Period; (iv) The amount of all Curtailments in each Group that were received during the Due Period; (v) The principal portion of all Monthly Payments for each Group received during the Due Period; (vi) The amount of interest received on the Mortgage Loans in each Group; (vii) The amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date for each Group; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xi) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Date; (xiii) The weighted average remaining term to maturity of the Mortgage Loans in each Group and the weighted average Loan Rate in each Group; (xiv) The Servicing Fee for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01; (xv) The amount of all payments or reimbursements to the Servicer pursuant to Section 3.03; (xvi) The Pool Factor for each Group determined using the balances in subclause (ii) above; (xvii) The amount, if any, transferred from the Simple Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Date; (xxiv) The amount of Class Interest Carryover Shortfall relating to each Class of Class A Certificates and the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principal; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make such report available to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇Deposito▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]the Servicers and the Rating Agencies a statement setting forth the following information: (i) the aggregate amount on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” deposit in the Certificate Account on such Distribution Date; (ii) the Accrued Certificate Interest, Unpaid Interest Amount, if any, the Basis Risk Carry Forward Amount, if any, and the Principal Distribution Amount, with respect to each Class individually, all Classes of the Offered Certificates in the aggregate, all Classes of Class M Certificates in the aggregate and all Classes of Class B Certificates in the aggregate; (iii) the Pass-Through Rate for each Class of Certificates applicable to the related Accrual Period and LIBOR applicable to the Certificates with respect to such Distribution Date; (iv) reserved; (v) the Certificate Balance of the Class A-1 Certificates and each Class of Class M Certificates and Class B Certificates, the aggregate amount of the interest and principal of each Class of Offered Certificates to be paid on such Distribution Date and the remaining Certificate Balance of each Class of Offered Certificates following any such payment; (vi) the amount, if any, of any Realized Losses for the related Due Period in the aggregate, the amount of Applied Realized Loss Amounts to each Class of Offered Certificates on such Distribution Date and the amount of Cumulative Realized Losses as of the last day of the related Due Period; (vii) reserved; (viii) the amount of the distribution with respect to each Class of Offered Certificates (based on a Certificate in the original principal amount of $1,000); (ix) the amount of such distribution allocable to principal of the Mortgage Loans, separately identifying the aggregate amount of any Principal Prepayments, Loan Purchase Price amounts or other recoveries of principal included therein; (x) the amount of such distribution allocable to interest on the related Mortgage Loans (based on a Certificate in the original principal amount of $1,000); (xi) the principal amount, if any, of each Class of the Offered Certificates (based on a Certificate in the original principal amount of $1,000) which will be outstanding after giving effect to any payment of principal on such Distribution Date. Assistance ; (xii) the aggregate Pool Balance of all Mortgage Loans, as of the last day of the related Due Period; (xiii) based upon information furnished by the Depositor such information as may be required by Section 6049(d)(7)(C) of the Code to assist the Certificateholders in using computing their market discount; (xiv) the website can be obtained weighted average interest rate of the Mortgage Loans; (xv) the weighted average remaining term of the Mortgage Loans; (xvi) the number and principal amounts of the Mortgage Loans that were 60 days or more Delinquent for each of the preceding three months as of the close of business on the last Business Day of the calendar month next preceding the Distribution Date; (xvii) such other information as the Depositor may reasonably request with respect to Mortgage Loans that are Delinquent; (xviii) the Principal Balance of the largest Mortgage Loans outstanding; (xix) the number, aggregate Principal Balances and percentage of Mortgage Loans that are: (A) 30-59 days Delinquent, (B) 60-89 days Delinquent and (C) 90-119 days Delinquent, (D) 120-149 days Delinquent, (E) 150-179 days Delinquent and (F) 180 or more days Delinquent, as of the close of business on the last Business Day of the calendar month next preceding the Distribution Date and the aggregate number and aggregate Principal Balance of such Mortgage Loans; (xx) (a) the status, the number, and the Principal Balances of all Mortgage Loans that are in foreclosure proceedings as of the close of business on the last Business Day of the calendar month preceding such Distribution Date (b) the percentage of Mortgage Loans in foreclosure that are Foreclosure Restricted Mortgage Loans, (c) the percentage of REO Property acquired by calling the Trust in respect of Foreclosure Restricted Mortgage Loans as of the close of business on the last Business Day of the calendar month preceding such Distribution Date and (d) the number and the Principal Balances of all Mortgage Loans that are Foreclosure Restricted Mortgage Loans as of the close of business on the last Business Day of the calendar month preceding such Distribution Date; (xxi) the number of Mortgagors and the Principal Balances of the related Mortgages for all Bankruptcy Loans and whether such Mortgage Loans are (A) 30-59 days Delinquent, (B) 60-89 days Delinquent and (C) 90-119 days Delinquent, (D) 120-149 days Delinquent, (E) 150-179 days Delinquent and (F) 180 or more days Delinquent, as of the close of business on the last Business Day of the calendar month next preceding such Distribution Date; (xxii) the number of Mortgagors and the Principal Balances of the related Mortgages for all Mortgage Loans involved in foreclosure proceedings and whether such Mortgage Loans are (A) 30-59 days Delinquent, (B) 60-89 days Delinquent and (C) 90-119 days Delinquent, (D) 120-149 days Delinquent, (E) 150-179 days Delinquent and (F) 180 or more days Delinquent, as of the close of business on the last Business Day of the calendar month next preceding such Distribution Date; (xxiii) the existence and status of any Mortgaged Properties for all Mortgage Loans as to which title has been taken in the name of, or on behalf of the Trustee’s investor relations desk at , as of the close of business of the last Business Day of the month next preceding the Distribution Date; (▇▇▇xxiv) ▇▇▇-▇▇▇▇. Parties the book value of any real estate acquired through foreclosure or grant of a deed in lieu of foreclosure for all Mortgage Loans as of the close of business on the last Business Day of the calendar month next preceding the Distribution Date; (xxv) the number of Mortgage Loans; (xxvi) identifying the aggregate amount received from: a. Curtailments; b. voluntary payoffs; c. Involuntary Payoffs (the amount of Net Liquidation Proceeds applicable to the unpaid principal balance from the loan); and d. Mortgage Loans purchased from the Trust; as of the close of business on the last Business Day of the related Due Period; (xxvii) the number and Principal Balance of all Mortgage Loans that are unable subject to use loss mitigation as of the above distribution method close of business on the last Business Day of the calendar month next preceding the Distribution Date; (xxviii) the number and Principal Balance of Mortgage Loans that are entitled being contested because of Section 32 of the Truth in Lending Act; (xxix) the amount of current and cumulative Realized Losses (separately identifying principal and interest losses) from following resolution types: a. REO Property sold; b. short sale; c. deed in lieu; d. no equity second mortgages; and e. other; as of the close of business on the last Business Day of the related Due Period; (xxx) the number and Pool Balance with respect to have a paper copy mailed each product type of all Mortgage Loans that are Bankruptcy Loans, separately identifying: a. those Bankruptcy Loans that are currently meeting their payment plan; b. those Bankruptcy Loans that are 1 to them via first class mail by calling 2 payments behind their payment plan; c. those Bankruptcy Loans that are 2 to 3 payments behind their payment plan; d. those Bankruptcy Loans that are greater than 3 payments behind their payment plan; e. those Bankruptcy Loans that are greater than 4 payments behind their payments; and f. those Bankruptcy Loans that are greater than 5 payments behind their payments; (xxxi) the investor relations desk calculations and indicating such. In addition, together with such reportresults of calculations of each Stepdown Date test performed; (xxxii) the number and Principal Balance of each Mortgage Loan purchased pursuant to Section 8.21; and (xxxiii) any other information that the Depositor, the Trustee shall forward to Bloomberg a copy of or the computer tape delivered by the relevant Servicer on the Distribution Date. deems necessary. (b) The Trustee may fully rely upon shall report to the Depositor and shall have no liability each Certificateholder, with respect to information provided the amount on deposit in the Certificate Account and the identity of the investments included therein, as the Depositor may from time to time reasonably request. Without limiting the generality of the foregoing, the Trustee shall, at the request of the Depositor transmit promptly to the Depositor copies of all accounting of receipts in respect of the Mortgage Loans furnished to it by each Servicer and shall notify the Depositor if any Remittance Amount has not been received by the Servicer. To Trustee when due. (c) The Trustee shall report to the extent Depositor and each Certificateholder with respect to any written notices it may from time to time receive which provide an Authorized Officer with actual knowledge that there are inconsistencies between the telecopy certain of the Trustee’s Remittance Report and the hard copy issued upon request statements set forth in this Agreement are inaccurate. (pursuant d) The related Servicer shall furnish to the preceding paragraphTrustee, and each Owner of any Class X Certificate, in each case during the term of this Agreement, (i) thereof, such information with respect to the Mortgage Loans serviced by such Servicer may rely upon the latter. In the case of information furnished pursuant as is necessary to subclauses prepare its report provided for in Section 7.08 and (ii) periodic, special or other reports or information not specifically provided for herein, as may be necessary, reasonable, or appropriate with respect to the Trustee or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and (ix) abovein accordance with such applicable instructions and directions as the Trustee may reasonably require; provided, the amounts that each such Servicer shall be expressed entitled to be reimbursed by the requesting party for the fees and actual expenses associated with providing the reports described in clause (ii), if such reports are not generally produced in the ordinary course of business, provided that any reports requested by the Trustee (other than at the request of a separate section third party who shall be responsible for such fees and expenses) shall be reimbursed by the Trust as Trust Expenses. The Trustee's responsibility for providing the report described in Section 7.08 shall be limited to the availability, timeliness and accuracy of the report as a dollar amount for each Class for each $1,000 original dollar amount as of information provided therefor by the Cut-Off Daterelevant Servicer.

Appears in 1 contract

Sources: Trust and Servicing Agreement (Gs Mortgage Securities Corp)

Statements. Not Each month, not later than 12:00 noon California time on the fourth Business Day following the last day of a Due Period, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California New York time on the Determination Date, the Trustee Trust Administrator shall deliver to the Servicer, the Depositor and to the Certificate InsurerIndenture Trustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with a hard copy thereof to be delivered on the succeeding Distribution Business Day following the Determination Date, a statement certificate signed by an officer of the Trust Administrator (a "Trust Administrator's Certificate") stating the “Trustee’s Remittance Report”) containing date (day, month and year), the information set forth below (to Series number of the extent any such information to be delivered by Notes, the Servicer pursuant to the first sentence date of this Section 5.01(a) has been so delivered) with respect to such Distribution DateAgreement, and the following: (i) The Group 1 and Group 2 the Pool Available Funds and Remittance Amounts for each Certificate Rate Pool for the related Distribution Remittance Date; (ii) The the Class Principal Balance of Balances for each Class of Class A Certificates Pool I and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group Pool II Notes as reported in the prior Trustee’s Remittance Report Trust Administrator's Certificate pursuant to subclause (xiixv) below, or, in the case of the first Determination Date, the Original Class Certificate Principal Balance of for each Class of Class A Certificates Pool I and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of the Mortgage Loans in each GroupPool II Notes; (iii) The the Pool Principal Distribution Amounts for each Pool for the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Pool I and Pool II Notes; (iv) the amount of any Letter of Credit Payments in the aggregate and listed separately by Pool; (v) the Current Interest Requirements for each Class of Notes for the related Remittance Date; (vi) the number and Principal Balances of all Mortgage Loans and of the Mortgage Loans in each Group, that Pool which were the subject of Principal Prepayments during the Due Period; (ivvii) The the amount of all Curtailments in each Group that which were received during the Due Period, stated separately for each Pool; (vviii) The principal portion the aggregate amount of all Excess Payments and the amounts of Monthly Payments for each Group in respect of principal received during the Due Period, stated separately for each Pool; (viix) The the amount of interest received on the Mortgage Loans in Loans, stated separately for each GroupPool; (viix) The the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Accounts pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date Date, in each case stated separately for each GroupPool; (viiixi) The the delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount , stated separately for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xi) The amount to be distributed to the Class R Certificateholders for the Distribution DatePool; (xii) The the amount of any Realized Losses incurred during the related Due Period, stated separately for each Pool; (xiii) the Interest Shortfall Carryforward Amounts, if any, for each Class of Notes for such Remittance Date; (xiv) the Reimbursable Amounts and the amounts transferred to the Owner Trustee for deposit into the Certificate Distribution Account and distribution to each Class of Certificates with respect to the Remittance Date; (xv) the Class Principal Balance of for each Class of Class A Certificates Notes and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Pool Principal Balance of for each Group, each Pool after giving effect to the distribution to be made on the Distribution Remittance Date and after allocation of Applied Realized Loss Amounts made on such Remittance Date; (xiiixvi) The weighted average remaining term to maturity of the Mortgage Loans Excess Spread (in the aggregate and stated separately for each Group and the weighted average Loan Rate in each GroupPool); (xivxvii) The Servicing Fee for each Group the Spread Amount and the amount to be paid to the Certificate Insurer pursuant to Section 5.01Specified Subordinated Amount for such Remittance Date, stated separately by Pool; (xvxviii) The the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class; (xix) amounts to be deposited to the Expense Accounts, stated separately for each Pool; (xx) the amount of all payments or and reimbursements to the Servicer pursuant to Section 3.034.04(b), (c), (d)(ii), (e) and (f), stated separately with respect to each Pool; (xvixxi) The the Class Pool Factor for each Group Class determined using the balances in subclause (iixv) above; (xviixxii) The amountthe weighted average Loan Interest Rate of the Loans for each Pool and the Weighted Average Class Adjusted Loan Remittance Rates for each Pool, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period; (xxiii) the Class Remittance Rate for each Class of Notes with respect to the Remittance Date and if the Class Remittance Rate for any Class of Notes was based on the applicable Net Funds Cap, what it would have been if based on LIBOR plus the applicable Margin or the Auction Rate, as the case may be; (xxiv) the rate of LIBOR and the Auction Rate with respect to the Remittance Date; (xxv) if the Remittance Rate for any Class of Notes for such Remittance Date is based on the applicable Net Funds Cap, the Net Funds Cap and, for Pool I, the Weighted Average Coupon Cap, for such Class of Notes with respect to the Remittance Date; (xxvi) if the Remittance Rate for any Class of Notes for such Remittance Date is based on the applicable Net Funds Cap, the amount of any Noteholders' Interest Carryover for such Class for such Remittance Date; (xxvii) the amount of the distribution, if any, transferred from allocable to Noteholders' Interest Carryover and the Simple amount of any Noteholders' Interest Excess Account Carryover for all prior Remittance Dates after giving effect to such distribution (in each case, stated separately by Class and in the aggregate); (xxviii) the number and Principal Balance of all Defaulted Loans purchased during the Due Period, stated separately for each Pool; and (xxix) such other information as the Indenture Trustee may reasonably require. The Indenture Trustee shall forward such report to the Noteholders of the applicable Pool and the Owner Trustee on the Remittance Date, together, if requested by a Noteholder, with a separate report indicating the amount of funds deposited in each Note Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess 7.01(a)(iv); and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer (all reports prepared by the Indenture Trustee of such withdrawals and deposits will be based in whole or in part upon the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Date; (xxiv) The amount of Class Interest Carryover Shortfall relating to each Class of Class A Certificates and the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principal; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make such report available information provided to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Indenture Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on or the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the ServicerTrust Administrator). To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report Trust Administrator's Certificate and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may Indenture Trustee shall be entitled to rely upon the lattertelecopy. In the discretion of the Trust Administrator, in the case of certain information furnished pursuant to subclauses (ii) and (ix) abovethe above provisions, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each per $1,000 25,000 original dollar amount as of the Cut-Off Date. Each month, not later than the third Business Day prior to the Determination Date occurring in such month, the Servicer shall deliver to the Trust Administrator the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit R (both in hard copy and in computer tape form). The Trust Administrator may rely fully upon and shall have no liability with respect to any such information provided to it by the Servicer. The Trust Administrator shall not be obligated to verify, recompute, reconcile or confirm any information contained in the Servicer's Monthly Computer Tape or otherwise provided by the Servicer. In making any payments or distributions required to be made by them pursuant to any of the provisions hereof, the Indenture Trustee shall make such payments and distributions based solely upon the information contained in the applicable Trust Administrator's Certificate or, if such information is not included in the applicable Trust Administrator's Certificate, upon written instructions of the Servicer or the Trust Administrator. The Indenture Trustee may rely fully upon and shall have no liability with respect to any such information provided to it by the Servicer or the Trust Administrator. The Indenture Trustee shall not be obligated to verify, recompute, reconcile or confirm any information contained in any Trust Administrator's Certificate or otherwise provided by the Trust Administrator or the Servicer. (a) Within a reasonable period of time after the end of each calendar year, the Trust Administrator shall furnish to the Indenture Trustee for distribution to each Person who at any time during the calendar year was a Noteholder of the applicable Pool the amount of interest and principal distributed with respect to each Class of Notes plus such other customary information as the Trust Administrator determines to be necessary and/or required by the Internal Revenue Service to enable the Noteholders to prepare their tax returns for such calendar year. Such obligation of the Trust Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trust Administrator pursuant to any requirements of the Code as from time to time are in force. (b) On each Remittance Date, the Indenture Trustee shall forward to the Owner Trustee, for distribution to the Certificateholders, a copy of the report forwarded to the Noteholders of each Pool in respect of such Remittance Date, as the case may be, and a statement, prepared by the Servicer or the Trust Administrator, setting forth the amounts actually distributed to the Certificateholders on such Remittance Date together with such other information as the Servicer or Trust Administrator provides and deems necessary or appropriate. (c) Within a reasonable period of time after the end of each calendar year, the Trust Administrator shall furnish to the Indenture Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Certificateholder such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder, as applicable. Such obligation of the Trust Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trust Administrator pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Notes. (e) The Servicer shall furnish to each Noteholder 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 Noteholder, 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 as the Noteholder may reasonably require; provided, that the Servicer shall be entitled to be reimbursed by such Noteholder for the Servicer's actual expenses incurred in providing such reports if such reports are not producible in the ordinary course of the Servicer's business.

Appears in 1 contract

Sources: Sale and Servicing Agreement (Money Store Commercial Mortgage Inc)

Statements. Not later than 12:00 noon California time (a) On each Distribution Date, based, as applicable, on information provided to it by the fourth Business Day following the last day of a Due Period, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination DateServicer, the Trustee shall deliver prepare and make available to each Holder of the ServicerRegular Certificates, the Depositor Swap Counterparties, the Servicer and to the Certificate Insurer, by telecopy, with a hard copy thereof to be delivered on the succeeding Distribution DateRating Agencies, a statement (the “Trustee’s Remittance Report”) containing the information set forth below (as to the extent any such information to be delivered by the Servicer pursuant to the first sentence of this Section 5.01(a) has been so delivered) with respect to distributions made on such Distribution Date: (i) The Group 1 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 Group 2 Available Funds and each Certificate Rate for the related Distribution Dateamount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges; (ii) The Class Principal Balance the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report pursuant P Certificates) allocable to subclause (xii) belowinterest, or, in the case of the first Determination Date, the Original Class Certificate Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of the Mortgage Loans in each Groupseparately identified; (iii) The number and Principal Balances the Pool Balance of all the Group I Mortgage Loans and of the Group II Mortgage Loans in each Group, that were the subject of Principal Prepayments during the Due Period; (iv) The amount of all Curtailments in each Group that were received during the Due Period; (v) The principal portion of all Monthly Payments for each Group received during the Due Period; (vi) The amount of interest received on the Mortgage Loans in each Group; (vii) The amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date for each Group; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xi) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Date; (xiii) The weighted average remaining term to maturity of the Mortgage Loans in each Group and the weighted average Loan Rate in each Group; (xiv) The Servicing Fee for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01; (xv) The amount of all payments or reimbursements to the Servicer pursuant to Section 3.03; (xvi) The Pool Factor for each Group determined using the balances in subclause (ii) above; (xvii) The amount, if any, transferred from the Simple Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and Close of Business at the end of the related Due Period; (xxiiv) The amount on deposit in each sub-account the number, aggregate principal balance, and weighted average Mortgage Rate of the Spread Account after Mortgage Loans as of the Distribution Daterelated Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment Period; (xxiiv) The amount the number and aggregate unpaid principal balance of losses experienced on the Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in each Group 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 (C) REO Properties; (vi) the aggregate amount of Principal Prepayments made during the preceding Due related Prepayment Period; (vii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative losses for the Mortgage Loans in each Group as a percentage amount of the related Cut-Off Date Principal BalanceRealized Losses; (xxiiiviii) The the Certificate Principal Balance of each class of the Class A-2 Available Funds CarryforwardA Certificates, if anyeach class of the Mezzanine Certificates, each class of the Class B Certificates and the Class O Certificates, after giving effect to all the distributions made on such Distribution Date; (xxivix) The the Unpaid Interest Shortfall Amount, if any, with respect to each class of the Class A Certificates, each class of the Mezzanine Certificates and each class of Class B Certificates for such Distribution Date; (x) 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 3.25; (xi) the Credit Enhancement Percentage for such Distribution Date; (xii) the Available Funds Cap Carryforward Amount for each class of the Class Interest Carryover Shortfall relating A Certificates, each class of the Mezzanine Certificates and each class of the Class B Certificates if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xiii) the respective REMIC Pass-Through Rates applicable to each Class class of the Class A Certificates, each class of the Mezzanine Certificates and the Class AB Certificates for such Distribution Date and the REMIC Pass-IO Through Rate applicable to each class of the Class A Certificates, separately stating each class of the amount that is allocable to Mezzanine Certificates and each class of the Class B Certificates for the immediately succeeding Distribution Date; (xiv) the Supplemental Interest Payment for each Class on such Class Distribution Date; (xv) the difference between the Swap Notional Amount and the amount allocable to interest and principalaggregate Certificate Principal Balance of the Underwritten Certificates on such Distribution Date; (xvi) the Required Overcollateralization Amount for such Distribution Date; and (xxvxvii) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make Excess Cashflow for such report available to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer. To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may rely upon the latter. In the case of information furnished pursuant to subclauses (iii) and (ixii) 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 CutClosing Date. The Trustee may, in the absence of manifest error, conclusively rely upon the Determination Date Report of the Servicer in its preparation of the statement to Certificateholders pursuant to this Section 4.03. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) 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 forward to 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 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 50 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 post on its website at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇\absmbs, which posting shall be accessible to each Certificateholder, the statement prepared pursuant to paragraph (a) of this Section 4.03. Assistance in using the website can be obtained by calling the Trustee's customer service desk at ▇-Off ▇▇▇-▇▇▇-▇▇▇▇. Such 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The Trustee shall not have any responsibility to (i) verify information provided by the Servicer to be included in such statement or (ii) include any information required to be included in such statement if the Servicer has failed to timely produce such information to the Trustee, as required pursuant hereto. (f) No later than noon on the second Business Day prior to each Distribution Date, the Trustee will verify that no Notional Amount Test Event is scheduled to occur on the related Distribution Date. In the event a Notional Amount Test Event would otherwise occur on the related Distribution Date, the Trustee will immediately provide notice in the form of Exhibit J to the appropriate NovaStar entity and assign or reduce in $25,000,000 increments a portion of the related notional amount from the affected Swap Agreement on the day immediately preceding that Distribution Date until no Notional Amount Test Event will occur on the related Distribution Date. The Trustee shall assign or reduce the applicable notional amount from the Swap Agreement with the earliest maturity. In the event that two or more Swap Agreements have the same maturity date, which date is the earliest maturity date of the outstanding Swap Agreements, the Trustee shall assign or reduce the applicable notional amounts from the Swap Agreement(s) on a pro rata basis. Once such notional amounts have been reduced or assigned back to the appropriate NovaStar entity, the related Swap Counterparty will have no obligation to, nor interest in, the Trust with respect to such notional amounts. Furthermore, no distributions will be made from the Supplemental Interest Trust to the related Swap Counterparty in respect of notional amounts assigned or reduced under this Section 4.03 (f). In no event shall the Trustee allow a Notional Amount Test Event to occur on any Distribution Date.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Novastar Mortgage Funding Corp Home Eq Ln as Bk Ce Se 03 2)

Statements. (a) Not later than 12:00 noon California time 1:00 p.m., New York time, on the fourth Business Day following the last 18th calendar day of each month, or if such 18th day is not a Due PeriodBusiness Day, the immediately preceding Business Day, the Servicer shall deliver to the Trustee Master Servicer who shall deliver to the Securities Administrator by electronic means reasonably acceptable to the Master Servicer, a computer tape file containing the loan level information set forth on Exhibit D as in Exhibits V, W and X hereto necessary to each Mortgage Loan permit the Master Servicer to perform its obligations hereunder and the Securities Administrator to calculate the information required by clauses (i) through (xxv) below as of such the end of the preceding Prepayment Period or Due Period Period, as applicable, and such other information as the Trustee Master Servicer or the Securities Administrator shall reasonably require, and the Seller hereby agrees to provide the Master Servicer and the Servicer with an amended Prepayment Charge Schedule, if required, at such time. Not later than 12:00 noon California time on each Distribution Date the Determination Date, the Trustee Securities Administrator shall deliver to the Servicer, the Depositor and to the Certificate Insurer, by telecopy, with a hard copy thereof to be delivered on the succeeding Distribution Date, prepare a statement (the “Trustee’s Remittance Report”) containing the information set forth below (to the extent any such information to be delivered by the Servicer pursuant to the first sentence of this Section 5.01(a) has been so delivered) with respect to such Distribution Date, which information shall be based solely upon the loan level information furnished by the Servicer and the Master Servicer, as applicable, upon which the Securities Administrator shall conclusively rely without independent verification thereof: (i) The Group 1 and Group 2 Available Funds for each Loan Group and each in the aggregate and the Certificate Rate for each Class for the related Distribution Date; (ii) The the aggregate amount of the distribution to each Class of Certificates on such Distribution Date; (iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining; (iv) the amount of the distribution set forth in paragraph (i) above in respect of principal and the amount thereof in respect of the Class Principal Carryover Shortfall, and any remaining Class Principal Carryover Shortfall; (v) the amount of Group I Excess Interest and Group II Excess Interest paid as principal; (vi) the aggregate amount of the Servicing Fee, the Master Servicing Fee and the Tax Matters Fee for such Distribution Date, in each case by Loan Group; (vii) the Pool Balance and the aggregate Principal Balances of the Mortgage Loans in each Loan Group as of the close of business on the last day of the preceding Due Period; (viii) the Class Principal Balance of each Class of Class A Certificates after giving effect to payments allocated to principal above; (ix) each Overcollateralization Amount, the Group I Required Overcollateralization Amount and the Notional Balance Group II Required Overcollateralization Amount as of each Class the close of Class A-IO Certificates business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date; (x) whether a Group I Cumulative Loss Event, a Group II Cumulative Loss Event, a Group I Delinquency Event or a Group II Delinquency Event has occurred and is continuing and the Aggregate calculation thereof; (xi) the aggregate amount of Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report pursuant to subclause (xii) below, or, in the case of the first Determination Date, the Original Class Certificate Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and Prepayments received during the related Cut-Off Date Principal Balance of the Mortgage Loans in Prepayment Period for each Loan Group; (iiixii) The number and Principal Balances of all Mortgage Loans and of the Mortgage Loans in each Group, that were the subject of Principal Prepayments during the Due Period; (iv) The amount of all Curtailments in each Group that were received during the Due PeriodPeriod for each Loan Group; (vxiii) The the principal portion of all Monthly Payments for each Group received during the Due PeriodPeriod for each Loan Group; (vixiv) The amount the interest portion of interest all Monthly Payments received on the Mortgage Loans in during the Due Period for each Loan Group; (viixv) The the amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date for each Loan Group; (viiixvi) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xi) The amount to be distributed to the Class P Certificates, Class BIO and Class R Certificateholders Certificateholders, respectively for the Distribution Date; (xiixvii) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Date; (xiii) The weighted average remaining term to maturity of the Mortgage Loans in each Group and the weighted average Loan Rate in as of the first day of the related Due Period for each Loan Group; (xivxviii) The Servicing Fee for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01; (xv) The amount of all payments or reimbursements to the Servicer pursuant to Section 3.03; Sections 3.03(ii) and (xvivi) The Pool Factor for each Group determined using (as reported by the balances in subclause (ii) above; (xvii) The amount, if any, transferred from the Simple Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01Servicer); (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and at the end of the related Due PeriodPeriod for each Loan Group; (xxixx) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses Liquidation Loan Losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group Cumulative Net Losses as a percentage of the related Cut-Off Date Pool Balance for each Loan Group; (xxi) for each Loan Group, as of the end of the preceding calendar month, the number and Principal BalanceBalance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth) for each Loan Group; (xxii) the amounts of Applied Realized Loss Amounts for each Loan Group for the applicable Due Period and the cumulative amount of Applied Realized Loss Amounts to date for each Loan Group; (xxiii) The Class A-2 Available Funds Carryforwardthe number and aggregate Principal Balance of Mortgage Loans, if anyother than Mortgage Loans in default or imminent default, after giving effect to all distributions on such Distribution Datethat were modified by the Servicer during the related Due Period (as reported by the Servicer) for each Loan Group; (xxiv) The the amount of Class Interest Net Rate Cap Carryover Shortfall relating distributed to each Class of Class A Certificates and the Class A-IO Offered Certificates, stating separately stating any amounts received from the amount that is allocable Cap Provider with respect to each such Class the Group I Interest Rate Cap Agreement, and the amount allocable to interest and principalof Net Rate Cap Carryover remaining for each such Class; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred the amount on deposit in the Net Rate Cap Fund, and specifying the details thereofamounts of each deposit and withdrawal from such Account. The Trustee Securities Administrator shall make available such report available to the Servicer, the DepositorMaster Servicer, the Trustee, the Seller, the Certificateholders, the Certificate InsurerRating Agencies, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee Securities Administrator may fully rely upon and shall have no liability with respect to information provided by the Servicer or the Master Servicer. To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may rely upon the latter. In the case of information furnished pursuant to subclauses (ii), (iii), (iv) and (ixvi) 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 related Cut-Off Date. The Securities Administrator will make the Remittance Report (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇”. Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇ ▇▇▇▇. Parties that are unable to use the above distribution 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 Securities Administrator shall have the right to change the way Remittance Reports are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. As a condition to access the Securities Administrator’s internet website, the Securities Administrator may require registration and the acceptance of a disclaimer. The Securities Administrator will not be liable for the dissemination of information in accordance with this Agreement. The Securities Administrator shall also be entitled to rely on but shall not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Remittance Report and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party hereto). (b) Within a reasonable period of time after the end of each calendar year, the Securities Administrator shall furnish to each Person who at any time during the calendar year was a Holder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (iii) and (iv) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by 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 Securities Administrator shall make available to the Class R Certificateholders in the same manner as the Remittance Report is made available to all Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together with such other information as the Securities Administrator deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Securities Administrator shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared by the Tax Matters Persons and furnished to Certificateholders by the Securities Administrator or Tax Matters Person pursuant to any requirements of the Code as from time to time in force. (e) The Servicer, the Master Servicer and the Securities Administrator shall furnish to the Depositor, the Seller, the Trustee and each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information for which the Securities Administrator has the necessary information to prepare such report and in a format acceptable to the Securities Administrator, 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, the Master Servicer and the Securities Administrator shall be entitled to be reimbursed by the Depositor, the Seller, the Trustee or 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 or the Master Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.

Appears in 1 contract

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

Statements. (a) Not later than 12:00 noon California time noon, __________ time, on the fourth fifth Business Day following the last day of a Due Periodprior to each Distribution Date, the Master Servicer shall deliver to the Trustee by electronic modem a computer tape file containing the information set forth on Exhibit D as to each Mortgage Loan called for by clauses (i) through (xxi) below as of such the end of the preceding Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time noon, __________ time, on the each Determination Date, the Trustee shall deliver to the Master Servicer, the Depositor Seller, the Representative and to the Certificate Insurer, by telecopy, with a hard copy thereof to be delivered on the succeeding Distribution Date, a confirmation of the items in clause (i) below. Not later than one Business Day prior to each Distribution Date the Trustee shall deliver a statement (the "Trustee’s 's Remittance Report") containing the information set forth below (to the extent any such information to be delivered by the Servicer pursuant to the first sentence of this Section 5.01(a) has been so delivered) with respect to such Distribution Date, which information shall be based upon the information furnished by the Master Servicer upon which the Trustee shall conclusively rely without independent verification or calculation thereof: (i) The Group 1 and Group 2 Available Funds and each Certificate Rate for the related Distribution Date; (ii) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Aggregate Class of Class A-IO Certificates and the Aggregate A Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s 's Remittance Report pursuant to subclause (xiixi) below, or, in the case of the first Determination Date, the Original Class Certificate Principal Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Pool Principal Balance of the Mortgage Loans in each GroupBalance; (iii) The number and Principal Balances of all Mortgage Home Equity Loans and of the Mortgage Loans in each Group, that were the subject of Principal Prepayments during the Due Period; (iv) The amount of all Curtailments in each Group that were received during the Due Period; (v) The principal portion of all Monthly Payments for each Group received during the Due Period; (vi) The amount interest portion of interest all Monthly Payments received on the Mortgage Home Equity Loans in each Groupduring the Due Period; (vii) The amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date for each GroupDate; (viii) The delinquency Class A Principal Distribution, the portion thereof to be distributed on each Class of Class A Certificates then entitled to distributions of principal, and foreclosure information set forth in the form attached hereto as Exhibit LClass Interest Distribution to be distributed on each Class of Class A Certificates; (ix) The Remittance Amount for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each GroupPayments, if any, to be paid made on the Distribution Date; (xix) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xiixi) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Aggregate Class of Class A-IO Certificates and the Aggregate A Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Date; (xiiixii) The weighted average remaining term to maturity of the Mortgage Home Equity Loans in each Group and the weighted average Loan Rate in each GroupRate; (xivxiii) The Servicing Fee for each Group and the amount Premium Amount and Reimbursement Amount to be paid to the Certificate Insurer pursuant to Section 5.01; (xvxiv) The amount of all payments or reimbursements to the Master Servicer pursuant to Section 3.03Sections 3.03(ii) and (vi); (xv) The O/C Amount and the Specified O/C Amount for such Distribution Date; (xvi) The Pool Factor for each Group determined using the balances in subclause (ii) above; (xvii) The amount, if any, transferred from the Simple Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Master Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv5.01(a)(ii)(2) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix5.01(a)(ii)(4); (xxxvii) The number of Mortgage Home Equity Loans in each Group outstanding at the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxiixviii) The amount of losses Liquidation Loan Losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for Loan Losses and the Mortgage Loans in each Group Cumulative Net Losses as a percentage of the related Cut-Off Date Pool Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Date; (xxiv) The amount of Class Interest Carryover Shortfall relating to each Class of Class A Certificates and the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principal; and (xxvxix) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred As of the end of the preceding calendar month, the number and specifying Principal Balance of Home Equity Loans which are 30-59 days delinquent; the details thereofnumber and Principal Balance of Home Equity Loans which are 60-89 days delinquent; the number and Principal Balance of Home Equity Loans which are more than 90 days delinquent; the number and Principal Balance of Home Equity Loans which are in foreclosure; and the number and Principal Balance of Home Equity Loans which are REO Property. The Trustee shall make forward such report available to the Master Servicer, the Depositor, the CertificateholdersSeller, the Certificate Insurer, the Representative, the Certificateholders, the Rating Agencies and Agencies, [Bloomberg (at ▇▇▇ 499 ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention▇▇tention: [________]____) on its internet website located and [Intex Solutions (at 35 -71- 77 H▇▇▇.▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer ▇▇tention: ______________)] on the Distribution Date; provided, however that the Trustee shall remove the Premium Amount to be paid the Certificate Insurer from clause (xiii) of such report prior to submission of the report to [Bloomberg and Intex Solutions]. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Master Servicer. The Master Servicer shall calculate all items in clauses (i) - (xix) above. To the extent that there are inconsistencies between the telecopy of the Trustee’s 's Remittance Report and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Master Servicer may rely upon the latter. In the case of information furnished pursuant to subclauses (ii), (xi) and (ixxvi) 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 related Cut-Off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was a Holder of a Class A Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (vii) and (xiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Trustee shall forward to the Class R Certificateholders a copy of the reports forwarded to the Holders of the Class A Certificates in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force. (e) The Master Servicer and the Trustee shall furnish to each Certificateholder and to the Certificate Insurer (if requested in writing), during the term of this Agreement, such (f) Reports and computer diskettes or files furnished by the Master Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or for the internal use of the Certificate Insurer and its counsel or to the Rating Agencies, the Seller, Representative or any Originator, the Certificate Insurer's reinsurers, parent, regulators, liquidity providers and auditors, provided that the Certificate Insurer shall attempt in good faith to cause such additional Persons to acknowledge in writing the foregoing restrictions, and in connection with the purposes and requirements of this Agreement. 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 Representative or any Originator or for any other purpose except as set forth in this Agreement.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Avco Abs Receivables Corp)

Statements. Not later than 12:00 noon California time on the fourth Business Day following the last day of a Due Period, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to (a) On each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination Distribution Date, the Trustee shall deliver based, as applicable, on information provided to it by the Servicer, the Depositor Certificate Administrator shall prepare and make available to each Holder of the Certificate InsurerRegular Certificates, by telecopythe Swap Counterparties, with a hard copy thereof to be delivered on the succeeding Distribution DateServicer and the Rating Agencies, a statement (the “Trustee’s Remittance Report”) containing the information set forth below (as to the extent any such information to be delivered by the Servicer pursuant to the first sentence of this Section 5.01(a) has been so delivered) with respect to distributions made on such Distribution Date: (i) The Group 1 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 Group 2 Available Funds and each Certificate Rate for the related Distribution Dateamount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges; (ii) The Class Principal Balance the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report pursuant P Certificates) allocable to subclause (xii) belowinterest, or, in the case of the first Determination Date, the Original Class Certificate Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of the Mortgage Loans in each Groupseparately identified; (iii) The number and Principal Balances the Pool Balance of all the Group I Mortgage Loans and of the Group II Mortgage Loans in each Group, that were the subject of Principal Prepayments during the Due Period; (iv) The amount of all Curtailments in each Group that were received during the Due Period; (v) The principal portion of all Monthly Payments for each Group received during the Due Period; (vi) The amount of interest received on the Mortgage Loans in each Group; (vii) The amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date for each Group; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xi) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Date; (xiii) The weighted average remaining term to maturity of the Mortgage Loans in each Group and the weighted average Loan Rate in each Group; (xiv) The Servicing Fee for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01; (xv) The amount of all payments or reimbursements to the Servicer pursuant to Section 3.03; (xvi) The Pool Factor for each Group determined using the balances in subclause (ii) above; (xvii) The amount, if any, transferred from the Simple Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and Close of Business at the end of the related Due Period; (xxiiv) The amount on deposit in each sub-account the number, aggregate principal balance, and weighted average Mortgage Rate of the Spread Account after Mortgage Loans as of the Distribution related Determination Date; (xxiiv) The amount the number and aggregate unpaid principal balance of losses experienced on the Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in each Group 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 (C) REO Properties; (vi) the aggregate amount of Principal Prepayments made during the preceding Due related Prepayment Period; (vii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative losses for the Mortgage Loans in each Group as a percentage amount of the related Cut-Off Date Principal BalanceRealized Losses; (xxiiiviii) The the Certificate Principal Balance of each class of the Class A-2 Available Funds CarryforwardA Certificates, if anyeach class of the Mezzanine Certificates, the Class B Certificates and the Class O Certificates, after giving effect to all the distributions made on such Distribution Date; (xxivix) The amount of Class the Unpaid Interest Carryover Shortfall relating Amount, if any, with respect to each Class class of the Class A Certificates, each class of the Mezzanine Certificates, the Class B Certificates and the Class A-IO AIO Certificates for such Distribution Date; (x) 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 3.25; (xi) the Credit Enhancement Percentage for such Distribution Date; (xii) the Available Funds Cap Carryforward Amount for each class of the Class A Certificates, separately stating each class of the amount that is allocable to each Mezzanine Certificates and the Class B Certificates, if any, for such Class Distribution Date and the amount allocable to interest and principal; andremaining unpaid after reimbursements therefor on such Distribution Date; (xxvxiii) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred the respective REMIC Pass-Through Rates applicable to each class of the Class A Certificates, each class of the Mezzanine Certificates, the Class B Certificates, and specifying the details thereof. The Trustee shall make Class AIO Certificates for such report available Distribution Date and the REMIC Pass-Through Rate applicable to each class of the Class A Certificates, each class of the Mezzanine Certificates and the Class B Certificates for the immediately succeeding Distribution Date; (xiv) the Supplemental Interest Payment for each Class on such Distribution Date; (xv) the difference between the Swap Notional Amount and the Underwritten Certificates (and the Class B Certificate if held by an entity unrelated to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]Seller) Principal Balance on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related such Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer. To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may rely upon the latter. ; In the case of information furnished pursuant to subclauses (iii) and (ixii) 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. The Certificate Administrator may, in the absence of manifest error, conclusively rely upon the Determination Date Report of the Servicer in its preparation of the statement to Certificateholders pursuant to this Section 4.03. (b) Within a reasonable period of time after the end of each calendar year, the Certificate Administrator shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and (ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Certificate Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Certificate Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Certificate Administrator shall forward to 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 Certificate Administrator deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Certificate Administrator shall deliver to 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 Certificate Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Certificate Administrator pursuant to any requirements of the Code as from time to time in force. (e) No later than noon on the Business Day prior to each Distribution Date, the Certificate Administrator shall forward, by facsimile transmission, the statement prepared pursuant to paragraph (a) of this Section 4.03, together with all other information reasonably necessary to make the distributions pursuant to Section 4.01 of this Agreement, to the Trustee. On each Distribution Date, the Certificate Administrator, on behalf of the Trustee, shall forward by mail to each Certificateholder the statement prepared pursuant to paragraph (a) of this Section 4.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Novastar Mortgage Funding Corp Series 2002-2)

Statements. Not Each month, not later than 12:00 noon California New York time on the fourth Business Day following the last day of a Due PeriodDetermination Date, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination Date, the Trustee shall deliver to the Servicer, the Depositor and to the Certificate InsurerIndenture Trustee, by telecopy, for distribution to the Noteholders, the receipt and legibility of which shall be confirmed telephonically, with a hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit L (both in hard copy and in computer tape form) to be delivered on the succeeding Distribution Business Day following the Determination Date, a statement certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the “Trustee’s Remittance Report”) containing date (day, month and year), the information set forth below (to Series number of the extent any such information to be delivered by Notes, the Servicer pursuant to the first sentence date of this Section 5.01(a) has been so delivered) with respect to Agreement, and, as of the close of business on the Record Date for such Distribution Datemonth: (i) The Group 1 and Group 2 Available Funds and each Certificate Rate for the related Distribution Remittance Date; (ii) The Class Principal Balance of each Class of Aggregate Class A Certificates and Note Principal Balance, the Notional Balance of each Aggregate Class of M-1 Note Principal Balance, the Aggregate Class A-IO Certificates M-2 Note Principal Balance, and the Aggregate Class B Note Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report Servicer's Certificate pursuant to subclause (xiixi) below, or, in the case of the first Determination Date, the Original Class Certificate Balance of each A, Class of M-1, Class A Certificates M-2, and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date B Note Principal Balance of the Mortgage Loans in each GroupBalance; (iii) The number and Principal Balances of all Mortgage Business Loans and of the Mortgage Loans in each Group, that which were the subject of Principal Prepayments during the Due Period and the number and Principal Balances of all Defaulted Business Loans purchased by the Servicer during the Due Period; (iv) The amount of all Curtailments in each Group that which were received during the Due Period; (v) The principal portion amount of all Excess Payments and the amount of all Monthly Payments for each Group in respect of principal received during the Due Period; (vi) The aggregate amount of interest received on the Mortgage Loans in each GroupBusiness Loans; (vii) The amount of the Monthly Advances to be made on the Determination Date and the Compensating Interest payment to be made on the Determination Date for each GroupDate; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit LK; (ix) The Remittance Amount Interest Distribution Amounts and Principal Distribution Amounts for each Class of Class A and Class A-IO Certificates for the Distribution Remittance Date with the components thereof stated separately; (x) The amount available in the Spread Account as of the Insured Amounts for each Grouprelated Record Date in cash and from liquidation of Permitted Instruments and the amount, if any, to be paid on transferred from the Spread Account to the Note Distribution DateAccount pursuant to Section 5.02(b)(i); (xi) The amount to be distributed to the Aggregate Class R Certificateholders for the Distribution Date; (xii) The A Note Principal Balance, Aggregate Class M-1 Note Principal Balance, Aggregate Class M-2 Note Principal Balance of each and Aggregate Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate B Note Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Remittance Date; (xii) The weighted average maturity and weighted average Business Loan Interest Rate; (xiii) The weighted average remaining term Servicing Fees and amounts to maturity of be deposited to the Mortgage Loans in each Group and the weighted average Loan Rate in each GroupExpense Account; (xiv) The Servicing Fee for each Group amount of all payments and the amount to be paid reimbursements to the Certificate Insurer pursuant to Section 5.01Servicer; (xv) The amount of all payments or reimbursements Class A, Class M-1, Class M-2 and Class B Remittance Rates with respect to the Servicer pursuant to Section 3.03such Remittance Date; (xvi) The Pool Factor for each Group determined using During the balances Funding Period, the aggregate Principal Balance of the Subsequent Business Loans purchased during the prior Due Period and the amount on deposit in subclause (ii) abovethe Pre-Funding Account as of the end of such Due Period; (xvii) The amountNet Interest Cap with respect to the Remittance Date; (xviii) If the Class Remittance Rate for a Class of Notes for such Remittance Date is based on the Net Interest Cap, the amount of any Interest Carryover for such Class of Notes for such Remittance Date; (xix) the amount of the distribution, if any, transferred from allocable to Interest Carryover and the Simple amount of any Interest Excess Account Carryover for all prior Remittance Dates after giving effect to such distribution (in each case, stated separately by Class and in the aggregate); and (xx) Such other information as the Indenture Trustee, the Noteholders and the Certificateholders or the Rating Agencies may reasonably require. The Indenture Trustee shall forward such report to the Noteholders, the Certificateholders, the Owner Trustee and the Rating Agencies on the Remittance Date, together with a separate report indicating the amount of funds deposited in each Note Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess 5.01(a)(iv); and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, Seller pursuant to Section 5.01(a)(ivSections 5.03(c)(i), 5.03(c)(ii) and 5.07(b)(viii) (all reports prepared by -42- 49 the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number Indenture Trustee of Mortgage Loans such withdrawals and deposits will be based in each Group outstanding at whole or in part upon the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Date; (xxiv) The amount of Class Interest Carryover Shortfall relating to each Class of Class A Certificates and the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principal; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make such report available information provided to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Indenture Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer). To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report Servicer's Certificate and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may Indenture Trustee shall be entitled to rely upon the lattertelecopy. In the case of information furnished pursuant to subclauses (ii), (iii), (iv), (v), (ix) and (ix) xi), above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each per $1,000 original dollar amount as of the Cut-Off Date. Additionally, on the Special Remittance Date the Indenture Trustee shall, based upon information received from the Servicer, forward to the Noteholders, the Owner Trustee and the Rating Agencies a report setting forth the amount of principal and interest, if any, being paid to each Class of Notes on the Special Remittance Date. (a) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Indenture Trustee and the Owner Trustee for distribution to each Person who at any time during the calendar year was a Noteholder or a Certificateholder such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (vi), (ix), and (xiv), above, aggregated for such calendar year or applicable portion thereof during which such Person was a Noteholder or a Certificateholder. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. (b) Upon reasonable advance notice in writing, the Servicer will provide to each Noteholder or Certificateholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Business Loans sufficient to permit such Noteholder or Certificateholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Notes or Certificates, as applicable. (c) The Servicer shall furnish to each Noteholder and Certificateholder, 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 Noteholder and 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 as the Noteholder and Certificateholder may reasonably require; provided, that the Servicer shall be entitled to be reimbursed by such Noteholder or Certificateholder for the Servicer's actual expenses incurred in providing such reports if such reports are not producable in the ordinary course of the Servicer's business. The Rating Agencies shall receive copies of any such reports or information furnished to the Noteholders and Certificateholders.

Appears in 1 contract

Sources: Sale and Servicing Agreement (First International Bancorp Inc)

Statements. Not later than 12:00 noon California time on the fourth Business Day following the last day of a Due Periodeach calendar month Date, the Master Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D M as to each Mortgage Loan as of such Due Period Record Date and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination Date, Payment Date the Trustee shall deliver to the Master Servicer, to the Depositor Certificate Insurer and to the Certificate InsurerDepositor, by telecopy, with a hard copy thereof to be delivered on the succeeding Distribution Date, a statement (the "Trustee’s Remittance 's Report") containing the information set forth below (to the extent any such information to be delivered by the Servicer pursuant to the first sentence of this Section 5.01(a) has been so delivered) with respect to such Distribution the succeeding Payment Date: (i) The the Group 1 and Group 2 Available Funds and each Certificate Rate for the related Distribution DatePayment Date and each Group; (ii) The Class Principal Balance of the Pass-Through Rate for the related Payment Date and each Class of Class A Certificates and Certificates; (iii) the Notional Certificate Balance of for each Class of Class A-IO Certificates A Certificates, and the Aggregate Principal Pool Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance 's Report pursuant to subclause (xiixiii) below, or, in the case of the first Determination Date, the Original Class Initial Certificate Balance of for each Class of Class A Certificates and the Original Notional Pool Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of the Mortgage Loans in with respect to each Group; (iiiiv) The with respect to each Group, the number and aggregate Principal Balances of all Mortgage Loans and of the Mortgage Loans in each Group, that were the subject of Principal Prepayments during the Due Period; (ivv) The with respect to each Group, the amount of all Curtailments in each Group that were received during the Due Period; (vvi) The with respect to each Group, the principal portion of all Monthly Payments for each Group received during the Due Period; (vivii) The with respect to each Group, the amount of interest received on the Mortgage Loans in each GroupLoans; (viiviii) The with respect to each Group, the amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date for each GroupDate; (viiiix) The the delinquency and foreclosure information set forth in the form attached hereto as Exhibit LJ; (ixx) The Remittance Amount for each Class of Class A and Class A-IO Certificates for the Principal Distribution Date Amount, with the components thereof stated separately, and the Interest Distribution Amount, stating separately the components of any Mortgage Loan Interest Shortfall, each with respect to the Payment Date and each Class of Class A Certificates; (xxi) The with respect to each Group, the amount of the Insured Amounts for each GroupPayments, if any, to be paid made on the Distribution Payment Date; (xixii) The the amount to be distributed to the Class R Certificateholders for the Distribution Payment Date; (xiixiii) The Class Principal the Certificate Balance of each the Class of A-1 and Class A A-2 Certificates and the Notional Pool Balance of with respect to each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each Group after giving effect to the distribution to be made on the Distribution Payment Date; (xiiixiv) The with respect to each Group, the weighted average remaining term to maturity of the Mortgage Loans in each Group and the weighted average Loan Rate in each GroupMortgage Interest Rate; (xivxv) The with respect to each Group, the Servicing Fee for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.016.06; (xvxvi) The with respect to each Group, the amount of all payments or reimbursements to the Servicer pursuant to Section 3.03; (xvi) The Pool Factor for each Group determined using the balances in subclause (ii) aboveMaster Servicer; (xvii) The the Pool Factor for Class A-1 and Class A-2 after giving effect to the distribution to be made on the Payment Date, computed to six (6) decimal places; (xviii) with respect to each Group, the amount, if any, transferred from the Simple Interest Excess Sub-Account to the Distribution Certificate Account pursuant to Section 5.03 6.02 and from the Spread Account to the Distribution Certificate Account pursuant to Section 4.016.11; (xviiixix) The the percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each GroupAmount, the Excess Spread for each Group, and the Monthly Remainder Excess Spread Amount for each Groupallocable to Reimbursable Amounts and Class R Certificateholders pursuant to Section 6.06(b), the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.016.11; (xixxx) The the amounts which are reimbursable to the Servicer or the Seller, as appropriateMaster Servicer, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ixSections 6.06(b)(xiii); (xxxxi) The with respect to each Group, the number of Mortgage Loans in each Group outstanding at the beginning and at the end of the related Due Period; (xxixxii) The amount the amounts on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for Simple Interest Excess Sub-Account and the Mortgage Loans in monthly withdrawals therefrom as to each Group as a percentage of the related Cut-Off Date Principal Balance;Group; and (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Date; (xxiv) The amount of Class Interest Carryover Shortfall relating with respect to each Class Group, the number and Principal Balance of Class A Certificates and all Mortgage Loans that were Liquidated Mortgage Loans during the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principal; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereofDue Period. The Trustee shall make forward such report available to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies Master Servicer and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” to Moody's and S&P on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Payment Date. The Trustee may fully rely upon and shall upo▇ ▇▇▇ ▇hall have no liability with respect to information provided by the Master Servicer. To the extent that there are inconsistencies between the telecopy of Trustee's Report received prior to the Payment Date and the Trustee’s Remittance 's Report received on the Payment Date, the Master Servicer, the Depositor and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer Certificate Insurer may rely upon the latter. In the case of information furnished pursuant to subclauses (iiiii), (x) and (ixxiii) 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. (a) Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was a Class A Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (vii) and (x) 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. (b) On each Payment Date, the Trustee shall forward to the Class R Certificateholders a copy of the reports forwarded to the Class A Certificateholders in respect of such Payment Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Payment Date together with such other information as the Trustee deems necessary or appropriate. (c) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Trustee pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Master Servicer will provide to each Class A Certificateholder which is a savings and loan association, bank or insurance company access to information and documentation regarding the Mortgage Loans sufficient to permit such Class A Certificateholders to comply with applicable regulations of the Federal Deposit Insurance Corporation or other regulatory authorities with respect to investment in the Class A Certificates. (e) The Master Servicer and the Trustee shall furnish to each Certificateholder and to the Certificate Insurer, 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 the Certificate Insurer, as the case may be, 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 as the Certificateholder or the Certificate Insurer, as the case may be, may reasonably require; provided, that the Master Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder or the Certificate Insurer, as the case may be, 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 tapes furnished by the Master Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to S&P, Moody's, the Certificate Insurer's reinsurers, parent, regulators, ▇▇▇▇▇▇▇ty providers and auditors, provided that the Certificate Insurer shall attempt in good faith to cause such additional Persons to acknowledge in writing the foregoing restrictions, and in connection with the purposes and requirements of this Agreement. No Person entitled to receive copies of such reports or tapes or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Originator or for any other purpose except as set forth in this Agreement.

Appears in 1 contract

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

Statements. Not Each month, not later than 12:00 noon California time on the fourth Business Day following the last day of a Due Period, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California New York time on the Determination Date, the Trustee Trust Administrator shall deliver to the Servicer, the Depositor Certificate Insurer and to the Certificate InsurerCo-Trustees, by telecopy, for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with a hard copy thereof to be delivered on the succeeding Distribution Business Day following the Determination Date, a statement certificate signed by an officer of the Trust Administrator (a " Trust Administrator's Certificate") stating the “Trustee’s Remittance Report”) containing date (day, month and year), the information set forth below (to Series number of the extent any such information to be delivered by Certificates, the Servicer pursuant to the first sentence date of this Section 5.01(a) has been so delivered) with respect to such Distribution DateAgreement, and the following: (i) The Group 1 and Group 2 the Pool Available Funds and Remittance Amounts for each Certificate Rate Pool for the related Distribution Remittance Date; (ii) The the Class Principal Balance of Balances for each Class of Class A Pool I, Pool II and Pool III Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report Servicer's Certificate pursuant to subclause (xiixv) below, or, in the case of the first Determination Date, the Original Class Certificate Principal Balance of for each Class of Class A Certificates Pool I, Pool II and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of the Mortgage Loans in each GroupPool III Certificates; (iii) The the Pool Principal Distribution Amounts for each Pool for the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Pool I, Pool II and Pool III Certificates; (iv) the total amount of any Insured Payments included in the Pool Available Remittance Amount for Pool I or Pool II for the related Remittance Date; (v) the Subordinated Amount and Specified Subordinated Amount for the related Remittance Date, listed separately for each Pool and the Pool Available Maximum Subordinated Amount for Pool III; (vi) the number and Principal Balances of all Mortgage Loans and of the Mortgage Loans in each Group, that Pool which were the subject of Principal Prepayments during the Due Period; (ivvii) The the amount of all Curtailments in each Group that which were received during the Due Period, stated separately for each Pool; (vviii) The principal portion the aggregate amount of all Excess Payments and the amounts of Monthly Payments for each Group in respect of principal received during the Due Period, stated separately for each Pool; (viix) The the amount of interest received on the Mortgage Loans in Loans, stated separately for each GroupPool; (viix) The the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Certificate Accounts pursuant to Section 6.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date Date, in each case stated separately for each GroupPool; (viiixi) The the delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount O, stated separately for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xi) The amount to be distributed to the Class R Certificateholders for the Distribution DatePool; (xii) The the amount of any Realized Losses incurred during the related Due Period, stated separately for each Pool; (xiii) the Pool Remittance Amounts for Pool I and Pool II and the Class Current Interest Requirement and the Pool Principal Distribution Amount for Pool III for the Remittance Date, in the aggregate and by component and listed separately for the portions relating to each Class of Certificates in the related Pool, and any Interest Shortfall Carryforward Amount or Pool Carry-Forward Amount, as the case may be, relating to each Class of Certificates; (xiv) the Reimbursable Amounts and the Class X Remittance Amount payable pursuant to Section 6.08(d)(X)(v) and Section 6.08(d)(Z)(xviii) with respect to the Remittance Date; (xv) the Class Principal Balance of for each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Pool Principal Balance of for each Group, each Pool after giving effect to the distribution to be made on the Distribution Remittance Date and after allocation of Realized Losses made on such Remittance Date; (xiiixvi) The weighted average remaining term to maturity of the Mortgage Loans Monthly Excess Spread Percentage, the Excess Spread, and the Remainder Excess Spread Amount (in each Group case, in the aggregate and stated separately for each Pool); (xvii) the Cumulative Realized Losses, stated separately for each Pool, with respect to the Remittance Date; (xviii) the weighted average Loan Rate in maturity and weighted average Interest Rate, stated separately for each GroupPool; (xivxix) The the Servicing Fee Fees, the Contingency Fees, and amounts to be deposited to the Expense Accounts, the Insurance Accounts and the FHA Premium Account, in each case, as applicable, stated separately for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01Pool; (xvxx) The the amount of all payments or and reimbursements to the Servicer pursuant to Section 3.035.04(b), (c), (d)(ii), (e) and (f)(i), stated separately with respect to each Pool; (xvixxi) The the Class Pool Factor for each Group Class determined using the balances in subclause (iixv) above; (xviixxii) The amountthe weighted average Mortgage Interest Rate and Adjusted Mortgage Interest Rate of the Mortgage Loans for each Pool and the weighted average Class Adjusted Loan Remittance Rates for each Pool, in each case for the related Remittance Date, and the weighted average Mortgage Interest Rate for the prior three month period; (xxiii) the Class AV Remittance Rate with respect to the Remittance Date and if the Class AV Remittance Rate was based on the applicable Net Funds Cap, what it would have been if based on LIBOR plus the applicable Margin; (xxiv) the rate of LIBOR with respect to the Remittance Date; (xxv) the Net Funds Cap for the Class AV Certificates with respect to the Remittance Date; (xxvi) if the Remittance Rate for the Class AV Certificates for such Remittance Date is based on the Net Funds Cap, the amount of any Certificateholders' Interest Carryover for such Class for such Remittance Date; (xxvii) the amount of the distribution, if any, transferred allocable to Certificateholders' Interest Carryover and the amount of any Certificateholders' Interest Carryover for all prior Remittance Dates after giving effect to such distribution (in each case, stated separately by Class and in the aggregate); (xxviii) whether the Trigger Event for Pool III is in effect; (xxix) the Senior Percentage and the Class B Pool Percentage for the current Remittance Date; (xxx) the amount of any Pool Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class of Pool III Certificates as of the close of such Remittance Date; (xxxi) the Accelerated Principal Distribution Amount for Pool III for such Remittance Date; (xxxii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the Simple Interest Excess Account to the Distribution FHA Premium Account pursuant to Section 5.03 6.06(b)(i); (xxxiii) The amount of FHA Payments and from Related Payments received during the Spread Account related Due Period, stated separately for each Pool; (xxxiv) The Reserve Amount for the related Remittance Date; (xxxv) Claims filed during the Due Period; (xxxvi) Claims paid during the Due Period; (xxxvii) Claims denied by the FHA during the Due Period; (xxxviii) Claims pending payment by the FHA during the Due Period; and (xxxix) The number and Principal Balance of all Defaulted Mortgage Loans purchased during the Due Period, stated separately for each Pool; (xl) Such other information as the Certificate Insurer and the Co-Trustees may reasonably require. Each Co-Trustee shall forward such report to the Distribution Certificateholders of the applicable Pool and, with respect to the report on the Pool I and Pool II Mortgage Loans, to the Certificate Insurer on the Remittance Date, together, if requested by a Certificateholder, with a separate report indicating the amount of funds deposited in each Certificate Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess 6.01(a)(iv); and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the SellerRepresentative, as appropriate, pursuant to Section 5.01(a)(ivSections 6.03(c)(i), 6.03(c)(ii), 6.04(b)(iv), 6.08(d)(X)(iii), and 6.08(d)(Z) (all reports prepared by the Co-Trustees of such withdrawals and deposits will be based in whole or in part upon the amount paid information provided to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each subCo-account of the Spread Account after the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Date; (xxiv) The amount of Class Interest Carryover Shortfall relating to each Class of Class A Certificates and the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principal; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make such report available to Trustees by the Servicer, the Depositor, Trust Administrator or the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the ServicerClaims Administrator). To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report Trust Administrator's Certificate and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may Co-Trustees shall be entitled to rely upon the lattertelecopy. In the discretion of the Trust Administrator, in the case of certain information furnished pursuant to subclauses (ii) and (ix) abovethe above provisions, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each per $1,000 25,000 original dollar amount as of the Cut-Off Date. Each month, not later than the third Business Day prior to the Determination Date occurring in such month, the Servicer shall deliver to the Trust Administrator the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit R (both in hard copy and in computer tape form). In making any payments or distributions required to be made by them pursuant to any of the provisions hereof, the Co-Trustees shall make such payments and distributions based solely upon the information contained in the applicable Trust Administrator's Certificate or, if such information is not included in the applicable Trust Administrator's Certificate, upon written instructions of the Servicer or the Trust Administrator. The Co-Trustees may rely fully upon and shall have no liability with respect to any such information provided to them by the Servicer or the Trust Administrator. Neither Co-Trustee shall be obligated to verify, recompute, reconcile or confirm any information contained in any Trust Administrator's Certificate or otherwise provided by the Trust Administrator or the Servicer. (a) Within a reasonable period of time after the end of each calendar year, the Trust Administrator shall furnish to the Co-Trustees for distribution to each Person who at any time during the calendar year was a Certificateholder of the applicable Pool the amount of interest and principal distributed with respect to each Class of Certificates plus such other customary information as the Trust Administrator determines to be necessary and/or required by the Internal Revenue Service to enable the Certificateholders to prepare their tax returns for such calendar year. Such obligation of the Trust Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trust Administrator pursuant to any requirements of the Code as from time to time are in force. (b) On each Remittance Date, the Co-Trustees shall forward to the Class X and Class R Certificateholders a copy of the report forwarded to the Certificateholders of each Pool in respect of such Remittance Date, as the case may be, and a statement, prepared by the Servicer or the Trust Administrator, setting forth the amounts actually distributed to the Class X and Class R Certificateholders, on such Remittance Date together with such other information as the Servicer or Trust Administrator provides and deems necessary or appropriate. (c) Within a reasonable period of time after the end of each calendar year, the Trust Administrator shall furnish to the Pool I and Pool II Co-Trustee for distribution to each Person who at any time during the calendar year was a Class X or Class R Certificateholder such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class X or R Certificateholder, as applicable. Such obligation of the Trust Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trust Administrator pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Certificateholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Mortgage Loans sufficient to permit such Certificateholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Certificates. (e) The Servicer shall furnish to each Certificateholder and the Certificate Insurer, 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 the Certificate Insurer, 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 as the Certificateholder or the Certificate Insurer may reasonably require; provided, that the Servicer shall be entitled to be reimbursed by such Certificateholder or the Certificate Insurer for the Servicer's actual expenses incurred in providing such reports if such reports are not producible in the ordinary course of the Servicer's business.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Money Store Home Equity Corp)

Statements. Not Each month, not later than 12:00 noon California New York time on the fourth Business Day following the last day of a Due PeriodDetermination Date, the Servicer shall deliver to the Trustee a computer tape containing Administrative Agent and the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination Date, the Trustee shall deliver to the Servicer, the Depositor and to the Certificate InsurerIndenture Trustee, by telecopy, for distribution to the Noteholders, the receipt and legibility of which shall be confirmed telephonically, with a hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit L (both in hard copy and in computer tape form) to be delivered on the succeeding Distribution Business Day following the Determination Date, a statement certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the “Trustee’s Remittance Report”) containing date (day, month and year), and, as of the information set forth below (to close of business on the extent any Record Date for such information to be delivered by the Servicer pursuant to the first sentence of this Section 5.01(a) has been so delivered) with respect to such Distribution Datemonth: (i) The Group 1 and Group 2 Available Funds and each Certificate Rate for the related Distribution Remittance Date; (ii) The Class Aggregate Note Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report Servicer's Certificate pursuant to subclause (xiixi) below, or, in the case of the first Determination Date, the Original Class Certificate Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date original Aggregate Note Principal Balance of the Mortgage Loans in each GroupBalance; (iii) The number and Principal Balances of all Mortgage SBA Loans and of the Mortgage Loans in each Group, that which were the subject of Principal Prepayments during the Due Period and the number and Principal Balances of all Defaulted Unguaranteed Interests or Charged-Off Unguaranteed Interests purchased or substituted for during the Due Period; (iv) The amount product of the Unguaranteed Percentage multiplied by all Curtailments in each Group that which were received during the Due Period; (v) The principal portion product of the Unguaranteed Percentage multiplied by all Monthly Payments for each Group in respect of principal received during the Due Period; (vi) The aggregate amount of interest received on the Mortgage Loans in Unguaranteed Interest of each GroupSBA Loan net of the FTA's Fee, the Additional Fee and the Servicing Fee attributable to the Unguaranteed Interest; (vii) The amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date for each Group; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit LK; (viii) The Interest Distribution Amounts for the Remittance Date; (ix) The Remittance Amount for each Class amount available in the Spread Account as of Class A the related Record Date and Class A-IO Certificates for the amount, if any, to be transferred from the Spread Account to the Note Distribution Date with the components thereof stated separatelyAccount pursuant to Section 5.02(b)(i); (x) The amount of the Insured Amounts for each Groupamount, if any, of principal to be paid distributed to the Notes on the Distribution Remittance Date; (xi) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Aggregate Note Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Remittance Date; (xii) The weighted average maturity and weighted average SBA Loan Interest Rate; (xiii) The weighted average remaining term Servicing Fees and amounts to maturity of be deposited to the Mortgage Loans in each Group and the weighted average Loan Rate in each GroupExpense Account; (xiv) The Servicing Fee for each Group amount of all payments and the amount to be paid reimbursements to the Certificate Insurer pursuant to Section 5.01Servicer; (xv) The During the Revolving Period, the aggregate Principal Balance of the Unguaranteed Interests in the SBA Loans purchased during the prior Due Period and the amount on deposit in the Funding Account as of all payments or reimbursements to the Servicer pursuant to Section 3.03end of such Due Period; (xvi) The Pool Factor for each Group determined using aggregate Principal Balance of the balances Unguaranteed Interests in subclause (ii) abovethe SBA Loans removed from the Trust during the prior Due Period; (xvii) The amountfollowing information for such Determination Date (a) the Portfolio Yield, if any(b) the Default Ratio and the Average Default Ratio, transferred from (c) Net Loss Ratio and the Simple Interest Excess Account to Average Net Loss Ratio, (d) the Distribution Account pursuant to Section 5.03 Portfolio Net Loss Ratio and from the Spread Account to the Distribution Account pursuant to Section 4.01Average Portfolio Net Loss Ratio; (xviii) The percentage aggregate Principal Balance of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess all Eligible Loans and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01all Ineligible Loans; (xix) The following information for such Determination Date (a) the Minimum Subordination Percentage, (b) the Subordination Percentage, (c) the amount in the Spread Account over or under the Minimum Subordination Percentage and (d) the amount in the Note Distribution Account over or under the Minimum Subordination Percentage; and (xx) Such other information as the Indenture Trustee, the Noteholders and the Certificateholders or the Administrative Agent may reasonably require. The Indenture Trustee shall forward such report to the Noteholders, the Certificateholders, the Owner Trustee and any Hedge Counterparty on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 5.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) Seller (all reports prepared by the Indenture Trustee of such withdrawals and deposits will be based in whole or in part upon the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Date; (xxiv) The amount of Class Interest Carryover Shortfall relating to each Class of Class A Certificates and the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principal; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make such report available information provided to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Indenture Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer). To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report Servicer's Certificate and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may Indenture Trustee shall be entitled to rely upon the lattertelecopy. (a) Upon reasonable advance notice in writing, the Servicer will provide to each Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the SBA Loans sufficient to permit such Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Notes. (b) The Servicer, at its expense, shall furnish to each Noteholder, 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 Noteholder 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 as the Noteholder may reasonably require. In the case The Administrative Agent shall receive copies of any such reports or information furnished pursuant to subclauses (ii) and (ix) 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 DateNoteholders.

Appears in 1 contract

Sources: Sale and Servicing Agreement (BLC Financial Services Inc)

Statements. (a) Not later than 12:00 noon California time 1:00 p.m., New York time, on the fourth fifth Business Day following the last day of a Due Periodprior to each Distribution Date, the Servicer shall deliver to the Master Servicer and the Trustee by electronic means and to the Certificate Insurer via e-mail at rmgtapes@fsa.com, a computer tape containing file co▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇n level information necessary to permit the Trustee to calculate the information set forth on Exhibit D as to each Mortgage Loan required by clauses (i) through (xxv) below as of such the end of the preceding Prepayment Period or Due Period Period, as applicable, and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination 4:00 p.m., New York time, three Business Days prior to each Distribution Date, the Trustee shall deliver to the Depositor, the Servicer, the Depositor and to Master Servicer, the Certificate Insurer, Insurer and the Seller by telecopy, with a hard copy thereof to be delivered on the succeeding Distribution Date, a confirmation of the items in clause (i) below. Not later than each Distribution Date the Trustee shall prepare a statement (the “Trustee’s "Remittance Report") containing the information set forth below (to the extent any such information to be delivered by the Servicer pursuant to the first sentence of this Section 5.01(a) has been so delivered) 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) The Group 1 and Group 2 Available Funds and each Class' Certificate Rate for the related Distribution Date; (ii) The the aggregate amount of the distribution to each Class of Certificates on such Distribution Date; (iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining; (iv) the amount of the distribution set forth in paragraph (i) above in respect of principal and the amount thereof in respect of the Class Principal Carryover Shortfall, and any remaining Class Principal Carryover Shortfall; (v) the amount of Excess Interest paid as principal and the allocation thereof among the classes of Certificates; (vi) the Servicing Fee, the Premium Amount and the Reimbursement Amount; (vii) the Pool Balance as of the close of business on the last day of the preceding Due Period; (viii) the Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report pursuant after giving effect to subclause (xii) below, or, in the case of the first Determination Date, the Original Class Certificate Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of the Mortgage Loans in each Grouppayments allocated to principal above; (iiiix) The the Overcollateralization Amount, the Required Overcollateralization Amount and the Subordination Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date; (x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and the calculation thereof; (xi) the number and Principal Balances of all Mortgage Loans and of the Mortgage Loans in each Group, that were the subject of Principal Prepayments during the Due Period; (ivxii) The the amount of all Curtailments in each Group that were received during the Due Period; (vxiii) The the principal portion of all Monthly Payments for each Group received during the Due Period; (vixiv) The amount the interest portion of interest all Monthly Payments received on the Mortgage Loans in each Groupduring the Due Period; (viixv) The the amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date included in Available Funds for each Group; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the such Distribution Date; (xixvi) The the amount to be distributed to the Class BIO, Class P and Class R Certificateholders Certificateholders, respectively for the Distribution Date; (xiixvii) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Date; (xiii) The weighted average remaining term to maturity of the Mortgage Loans in each Group and the weighted average Loan Rate in each Groupas of the first day of the month prior to the Distribution Date; (xivxviii) The Servicing Fee for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01; (xv) The amount of all payments or reimbursements to the Servicer pursuant to Section 3.03; Sections 3.03(ii) and (xvi) The Pool Factor for each Group determined using the balances in subclause (ii) above; (xvii) The amount, if any, transferred from the Simple Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01vi); (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and at the end of the related Due Period; (xxixx) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses Liquidation Loan Losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group Cumulative Net Losses as a percentage of the related Cut-Off Date Pool Balance; (xxi) as of the end of the preceding calendar month, the number and Principal BalanceBalance of Mortgage Loans which are 30-59 days Delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days Delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days Delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth); (xxii) [Reserved]; (xxiii) The Class A-2 Available Funds Carryforwardthe number and aggregate Principal Balance of Mortgage Loans, if anyother than Mortgage Loans in default or imminent default, after giving effect to all distributions on such Distribution Datethat were modified by the Servicer during the related Due Period; (xxiv) The the amount of Class Interest Net Rate Cap Carryover Shortfall relating distributed to each Class of Class A Certificates and Offered Certificates, other than the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principalof Net Rate Cap Carryover remaining for each such Class; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereofamount of the Insured Payments, if any, to be made on such Distribution Date. The Trustee shall make available such report available to the Master Servicer, the Servicer, the DepositorSeller, the CertificateholdersDepositor, the Certificate Insurer, the Certificateholders, the Rating Agencies and Agencies, Bloomberg (at 499 Park Avenue, New York, New York ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇: ▇▇▇▇ ▇▇▇▇▇▇, ) ▇▇▇ ▇▇▇▇, ▇ Solutions (at ▇▇ ▇▇▇▇▇▇▇d Circle, Needham, Massach▇▇▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇: ▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇▇▇) ▇▇▇-▇ Distribution ▇▇▇▇. Parties ; ▇▇▇▇▇▇▇▇, however, that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward remove from the report the Premium Amount to be paid to the Certificate Insurer prior to the submission to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Dateand Intex Solutions. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer. To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may rely upon the latter. In the case of information furnished pursuant to subclauses (ii), (iii), (iv) and (ixvi) 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 related Cut-Off Date. The Trustee will make the Remittance Report (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and the parties to this Agreement via the Trustee's internet website. The Trustee's internet website shall initially be located at "www.ctslink.com". Assistance in usin▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇an be obtained by calling the Trustee's customer service desk at (301) 815-6600. Parties that are una▇▇▇ ▇▇ ▇▇▇ ▇▇▇ above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way 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. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was a Holder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (iii) and (iv) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Trustee shall forward to the Class R Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared by the 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 Master Servicer, the Servicer and the Trustee shall furnish to the Certificate Insurer, 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 Master Servicer, the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable. (f) Reports and computer diskettes or files furnished by the Master Servicer or the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Financial Asset Se Cp Soundview Hm Eq Ln as Bk Cer Se 2001-1)

Statements. Not later than 12:00 noon California time on the fourth Business Day following the last day of a Due Period(a) Concurrently with each distribution to Securityholders, the Servicer Trust Administrator shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as make available to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination DateSecurityholder, the Trustee shall deliver to the ServicerSeller, the Depositor Cap Provider, the Owner Trustee and to the Certificate Insurer, by telecopy, with a hard copy thereof to be delivered on the succeeding Distribution DateRating Agency, a statement based on loan-level information provided to the Master Servicer by the Servicer (the “Trustee’s Remittance ReportPayment Date Statement”) containing as to the distributions to be made or made, as applicable, on such Payment Date. Information in the Payment Date Statement relating to or based on amounts available in the Cap Account shall be based on information set forth below provided by the Cap Provider regarding distributions to be made for the related Payment Date pursuant to the Cap Agreement. The Payment Date Statement will include the following: (i) the aggregate amount of the payment to be made on such Payment Date to the Holders of each Class of Notes, to the extent any such information applicable, allocable to principal; (ii) the aggregate amount of the payment to be delivered made on such Payment Date to the Holders of each Class of Notes allocable to interest and the calculation thereof; (iii) the amount, if any, of any distribution to the Holders of the Trust Certificate; (A) the aggregate amount of any Monthly Advances required to be made by or on behalf of the Servicer pursuant to (or the first sentence of this Section 5.01(a) has been so deliveredMaster Servicer) with respect to such Distribution Date: (i) The Group 1 and Group 2 Available Funds and each Certificate Rate for the related Distribution Date; (ii) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report pursuant to subclause (xii) below, or, in the case of the first Determination Payment Date, (B) the Original Class Certificate Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of the Mortgage Loans in each Group; (iii) The number and Principal Balances of all Mortgage Loans and of the Mortgage Loans in each Group, that were the subject of Principal Prepayments during the Due Period; (iv) The aggregate amount of all Curtailments in each Group that were received during such Monthly Advances actually made, and (C) the Due Periodamount, if any, by which (A) above exceeds (B) above; (v) The principal portion of all Monthly Payments for each Group received during the Due Period; (vi) The amount of interest received on the Mortgage Loans in each Group; (vii) The amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date for each Group; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xi) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Date; (xiii) The weighted average remaining term to maturity of the Mortgage Loans in each Group and the weighted average Loan Rate in each Group; (xiv) The Servicing Fee for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01; (xv) The amount of all payments or reimbursements to the Servicer pursuant to Section 3.03; (xvi) The Pool Factor for each Group determined using the balances in subclause (ii) above; (xvii) The amount, if any, transferred from the Simple Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The total number of Mortgage Loans in the aggregate and the aggregate Scheduled Principal Balance, after giving effect to payments of principal reported under clause (i) above, in each Group outstanding case at the beginning and close of business at the end of the related Due Period; (xxivi) The the Class Principal 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; (vii) the amount on deposit of any Realized Losses incurred with respect to the Mortgage Loans (x) in each subthe applicable Prepayment Period and (y) in the aggregate since the Cut-account of the Spread Account after the Distribution off Date; (xxiiviii) The the amount of losses experienced the Master Servicing Fees and Servicing Fees paid during the Due Period to which such distribution relates; (ix) the number and aggregate Scheduled Principal Balance of Mortgage Loans, (a) delinquent 30 to 59 days on a contractual basis, (b) delinquent 60 to 89 days on a contractual basis, (c) delinquent 90 or more days on a contractual basis, (d) as to which foreclosure proceedings have been commenced in the month in which such Payment Date occurs, in each case as of the close of business on the last Business Day of the calendar month immediately preceding, (e) in bankruptcy and (f) that are REO Properties; (x) the aggregate Scheduled Principal Balance of any Mortgage Loans with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Payment Date occurs; (xi) with respect to substitution of Mortgage Loans in each Group during the preceding Due Period calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and the cumulative losses for the of each Qualified Substitute Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal BalanceLoan; (xxiiixii) The Class A-2 Available Funds Carryforwardthe amount of any Basis Risk Shortfall and Unpaid Basis Risk Shortfall, if any, with respect to each Class of Notes, after giving effect to all distributions payments made on such Distribution Payment Date; (xxivxiii) The amount of Class the Note Interest Carryover Shortfall relating Rate applicable to such Payment Date with respect to each Class of Class A Certificates Notes; (xiv) the Interest Remittance Amount and the Principal Remittance Amount applicable to such Payment Date; (xv) the Overcollateralization Amount, the Overcollateralization Deficiency, if any, the Principal Distribution Amount and the Extra Principal Distribution Amount for such Payment Date; (xvi) with respect to the Class A-IO M-1 and Class M-2 Certificates, separately stating the amount that is allocable to Deferred Interest and Principal Deficiency Amount, if any, for each such Class Class; (xvii) the level of LIBOR for the Accrual Period for the current Payment Date and the amount allocable to interest and principallevel of LIBOR for the Accrual Period for the next Payment Date; and (xxvxviii) Whether any Cap Payments made for such period, the notional balance on the Cap Agreement and the Excess Cap Amount, if any, 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 Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereofdollar amount per $1,000 of original principal amount of Notes. The Trustee shall Trust Administrator will make such report the Payment Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Securityholders and the Servicer, other parties to this Agreement via the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its Trust Administrator’s internet website. The Trust Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇.▇▇▇on the related Distribution Date. Assistance in using the website can be obtained by calling the TrusteeTrust Administrator’s investor relations customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method option are entitled to have a paper copy mailed to them via first class mail by calling the investor relations customer service desk and indicating such. In additionThe Trust Administrator shall have the right to change the way such reports are distributed in order to make such distribution more convenient and/or more accessible to the parties, together with and the Trust Administrator shall provide timely and adequate notification to all parties regarding any such reportchange. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall forward Trust Administrator shall, upon written request, furnish to Bloomberg each Person who at any time during the calendar year was a copy Securityholder, 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 computer tape delivered by Securities to prepare their tax returns. Such obligation of the Servicer on the Distribution Date. The Trustee may fully rely upon and Trust Administrator shall be deemed to have no liability with respect been satisfied to information provided by the Servicer. To the extent that there are inconsistencies between substantially comparable information shall be prepared and furnished by the telecopy Trust Administrator to Securityholders pursuant to any requirements of the Trustee’s Remittance Report and the hard copy issued upon request Code as are in force from time to time. (pursuant to the preceding paragraphc) thereofOn each Payment Date, the Servicer may rely upon the latter. In the case of information furnished pursuant Trust Administrator shall supply an electronic tape to subclauses (ii) and (ix) aboveBloomberg Financial Markets, the amounts shall be expressed Inc. in a separate section of the report as format acceptable to Bloomberg Financial Markets, Inc. on a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-Off Datemonthly 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: Sale and Servicing Agreement (New York Mortgage Trust 2005-2)

Statements. Not Each month for so long as a Class of Auction Rate Certificates is Outstanding, not later than 12:00 noon California New York time on the fourth Business Day following the last day of a Due PeriodAuction Reporting Date, the Servicer shall deliver to the Trustee a computer tape containing Certificate Insurer and the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination Date, the Trustee shall deliver to the Servicer, the Depositor and to the Certificate InsurerTrustee, by telecopy, the receipt and legibility of which shall be confirmed telephonically, with a hard copy thereof to be delivered on the succeeding Distribution Business Day following the Determination Date, a statement certificate signed by a Servicing Officer stating the date (day, month and year), the “Trustee’s Series number of the Certificates, the date of this Agreement, and the amount to be distributed on the upcoming Remittance Report”) containing Date to each Class of Auction Rate Certificates as a payment of principal. Each month, not later than 12:00 noon New York time on the information set forth below (Determination Date, the Servicer shall deliver to the extent any such information Certificate Insurer and to the Trustee, by telecopy, for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit R (both in hard copy and in computer tape form) to be delivered on the Business Day following the Determination Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the Servicer pursuant to date (day, month and year), the first sentence Series number of the Certificates, the date of this Section 5.01(a) has been so delivered) with respect to such Distribution DateAgreement, and the following: (i) The Group 1 and Group 2 the Pool Available Funds and Remittance Amounts for each Certificate Rate Pool for the related Distribution Remittance Date; (ii) The the Class Principal Balance of Balances for each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report Servicer's Certificate pursuant to subclause (xiixv) below, or, in the case of the first Determination Date, the Original Class Certificate Principal Balance of for each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of the Mortgage Loans in each GroupCertificates; (iii) The the Pool Principal Distribution Amounts for each Pool for the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Class A Certificates; (iv) the total amount of any Insured Payments included in the Pool Available Remittance Amount for each Pool for the related Remittance Date; (v) the Subordinated Amount and Specified Subordinated Amount for the related Remittance Date, listed separately for each Pool; (vi) the number and Principal Balances of all Mortgage Loans and of the Mortgage Loans in each Group, that Pool which were the subject of Principal Prepayments during the Due Period; (ivvii) The the amount of all Curtailments in each Group that which were received during the Due Period, stated separately for each Pool; (vviii) The principal portion the aggregate amount of all Excess Payments and the amounts of Monthly Payments for each Group in respect of principal received during the Due Period, stated separately for each Pool; (viix) The the amount of interest received on the Mortgage Loans in Loans, stated separately for each GroupPool; (viix) The the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Certificate Accounts pursuant to Section 6.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date Date, in each case stated separately for each GroupPool; (viiixi) The the delinquency and foreclosure information set forth in the form attached hereto as Exhibit LO, stated separately for each Pool; (ixxii) The the amount of any Realized Losses incurred during the related Due Period, stated separately for each Pool; (xiii) the Pool Remittance Amount Amounts for each Pool for the Remittance Date, in the aggregate and by component and listed separately for the portions relating to each Class of Class A Certificates in the related Pool and, with respect to the Auction Rate Certificates, the amount otherwise required to be distributed thereon with respect to principal and Class A-IO Certificates retained in the Certificate Account for the Distribution Date with the components thereof stated separatelyPool II pursuant to Section 6.08 (f); (xxiv) The amount of the Insured Reimbursable Amounts for each Group, if any, and the Class R Remittance Amount payable pursuant to be paid on Section 6.08(d)(iii) and (v) with respect to the Distribution Remittance Date; (xixv) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Principal Balance of for each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Pool Principal Balance of for each Group, each Pool after giving effect to the distribution to be made on the Distribution Remittance Date and after allocation of Realized Losses made on such Remittance Date; (xiiixvi) The weighted average remaining term the Monthly Excess Spread Percentage, the Excess Spread, and the Remainder Excess Spread Amount allocable to maturity of the Mortgage Loans Reimbursable Amounts and Class R Certificateholders pursuant to Section 5.04(f) (in each Group case, in the aggregate and stated separately for each Pool); (xvii) the Cumulative Realized Losses, stated separately for each Pool, with respect to the Remittance Date; (xviii) the weighted average Loan Rate in maturity and weighted average Interest Rate, stated separately for each GroupPool; (xivxix) The the Servicing Fee Fees, the Contingency Fees, the Auction Agent Fees and amounts to be deposited to the Expense Accounts, the Insurance Accounts and the FHA Premium Account, in each case, as applicable, stated separately for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01Pool; (xvxx) The the amount of all payments or and reimbursements to the Servicer pursuant to Section 3.035.04(b), (c), (d)(ii), (e) and (f)(i), stated separately with respect to each Pool; (xvixxi) The the Class Pool Factor for each Group Class determined using the balances in subclause (iixv) above; (xviixxii) The amountthe weighted average Mortgage Interest Rate and Adjusted Mortgage Interest Rate of the Mortgage Loans for each Pool and the weighted average Class Adjusted Loan Remittance Rates for each Pool, in each case for the related Remittance Date, and the weighted average Mortgage Interest Rate for the prior three month period; (xxiii) the Class A-5, Class A-8, Class A-9 and Class A-10 Remittance Rates with respect to the Remittance Date and if any of the Class A-5, Class A-8, Class A-9 or Class A-10 Remittance Rates was based on the applicable Net Funds Cap for the related Pool, what it would have been if based on LIBOR plus the applicable Margin or the Auction Rate, as the case may be; (xxiv) the rate of LIBOR and the Auction Rate with respect to the Remittance Date; (xxv) the Net Funds Cap for Pool I, Pool II and Pool III with respect to the Remittance Date; (xxvi) if the Remittance Rate for a Class of Pool II Certificates for such Remittance Date is based on the Net Funds Cap, the amount of any Certificateholders' Interest Carryover for such Class for such Remittance Date; (xxvii) the amount of the distribution, if any, transferred allocable to Certificateholders' Interest Carryover and the amount of any Certificateholders' Interest Carryover for all prior Remittance Dates after giving effect to such distribution (in each case, stated separately by Class and in the aggregate); (xxviii) if the Remittance Rate for the Class A-5 Certificates for such Remittance Date is based on the Net Funds Cap, the amount of any Class A-5 Interest Shortfall for such Class for such Remittance Date; (xxix) The amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer and/or the Certificate Insurer from the Simple Interest Excess Account to the Distribution FHA Premium Account pursuant to Section 5.03 6.06(b)(i); (xxx) The amount of FHA Payments and from Related Payments received during the Spread Account related Due Period; (xxxi) The Reserve Amount for the related Remittance Date; (xxxii) Claims filed during the Due Period; (xxxiii) Claims paid during the Due Period; (xxxiv) Claims denied by the FHA during the Due Period; (xxxv) Claims pending payment by the FHA during the Due Period; and (xxxvi) Such other information as the Certificate Insurer and the Certificateholders may reasonably require. The Trustee shall forward such report to the Distribution Certificateholders and the Certificate Insurer on the Remittance Date, together with a separate report indicating the amount of funds deposited in each Certificate Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess 6.01(a)(iv); and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the SellerRepresentative, as appropriate, pursuant to Section 5.01(a)(ivSections 6.03(c)(i), 6.03(c)(ii), 6.04(b)(iv) and 6.08(d)(iii) (all reports prepared by the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number Trustee of Mortgage Loans such withdrawals and deposits will be based in each Group outstanding at whole or in part upon the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Date; (xxiv) The amount of Class Interest Carryover Shortfall relating to each Class of Class A Certificates and the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principal; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make such report available information provided to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on or the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the ServicerClaims Administrator). To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report Servicer's Certificate and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may Trustee shall be entitled to rely upon the lattertelecopy. In the case of information furnished pursuant to subclauses (ii), (vi), (vii), (viii), (xiii), (xv) and (ix) xxii), above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each per $1,000 (or in the case of the Auction Rate Certificates, per $25,000) original dollar amount as of the Cut-Off Date. Additionally, on the Special Remittance Date the Trustee shall, based upon information received from the Servicer, forward to the Certificateholders, the Certificate Insurer and the Rating Agencies, a report setting forth the amount of principal and interest, if any, being paid to each Class of Class A Certificates on the Special Remittance Date. (a) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class A Certificateholder such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xix) and (xxxvi), above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. (b) On each Remittance Date and the Special Remittance Date, the Trustee shall forward to the Class R Certificateholders a copy of the report forwarded to the Certificateholders of each Pool in respect of such Remittance Date or the Special Remittance Date, as the case may be, and a statement setting forth the amounts actually distributed to the Class R Certificateholders, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriate. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class R Certificateholder such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A Certificateholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Mortgage Loans sufficient to permit such Class A Certificateholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A Certificates. (e) The Servicer shall furnish to each Certificateholder and the Certificate Insurer, 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 the Certificate Insurer, 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 as the Certificateholder or the Certificate Insurer may reasonably require; provided, that the Servicer shall be entitled to be reimbursed by such Certificateholder or the Certificate Insurer for the Servicer's actual expenses incurred in providing such reports if such reports are not producible in the ordinary course of the Servicer's business.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Money Store Trust 1996-C)

Statements. Not (a) Each month, not later than 12:00 noon California time on the fourth Business Day following the last day of a Due Period, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California New York time on the Determination Date, the Trustee Certificate Administrator shall deliver to prepare a report signed by an officer of the Certificate Administrator (a "Certificate Administrator's Report") stating the date (day, month and year), the Series number of the Certificates, the date of this Agreement, and the following (based solely on the information received from the Servicer in the Servicer, the Depositor and to the Certificate Insurer, by telecopy, with a hard copy thereof to be delivered on the succeeding Distribution Date, a statement (the “Trustee’s Remittance Report”) containing the information set forth below (to the extent any such information to be delivered by the Servicer pursuant to the first sentence of this Section 5.01(a) has been so delivered) with respect to such Distribution Date:'s monthly computer tape): (i) The Group 1 and Group 2 the Available Funds and each Certificate Rate for the related Distribution Date; (ii) The the Class Principal Balance of Balances for each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report pursuant to subclause (xii) below, or, in the case of the first Determination Date, the Original Class Certificate Principal Balance of for each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of the Mortgage Loans in each GroupCertificates; (iii) The the Principal Distribution Amounts for the related Distribution Date, in the aggregate and listed separately for the portions relating to each Class of Certificates; (iv) the Overcollateralization Amount and Targeted Overcollateralization Amount for the related Distribution Date; (v) the number and Principal Balances of all Mortgage Loans and of the Mortgage Loans in each Group, that which were the subject of Principal Prepayments during the Due Period; (iv) The amount of all Curtailments in each Group that were received during the Due Period; (v) The principal portion of all Monthly Payments for each Group received during the Due Collection Period; (vi) The the amount of all Curtailments which were received during the Collection Period; (vii) the aggregate amount of all Excess Payments and the amounts of Monthly Payments in respect of principal received during the Collection Period; (viii) the amount of interest received on the Mortgage Loans in each GroupLoans; (viiix) The the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Certificate Account pursuant to Section 6.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date for each GroupDate; (viiix) The the delinquency and foreclosure information set forth in the form attached hereto as Exhibit LI; (ixxi) The Remittance Amount the amount of any Realized Losses incurred during the related Collection Period; (xii) the Current Interest for the Distribution Date for each Class of Certificates and any Interest Shortfall Carryforward Amount relating to each Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separatelyof Certificates; (xxiii) The amount of the Insured Reimbursable Amounts for each Group, if any, and amounts payable to be paid on the Class X Certificates pursuant to Sections 6.04(d) with respect to the Distribution Date; (xixiv) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Principal Balance of for each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Date and after allocation of Realized Losses made on such Distribution Date; (xiii) The weighted average remaining term to maturity of the Mortgage Loans in each Group and the weighted average Loan Rate in each Group; (xiv) The Servicing Fee for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01; (xv) The the Cumulative Realized Losses with respect to the Distribution Date; (xvi) the Supplemental Interest Amount for the Class A-2 Certificates with respect to the Distribution Date; (xvii) the Servicing Fees, and amounts to be deposited to the Expense Account; (xviii) the amount of all payments or and reimbursements to the Servicer pursuant to Section 3.03; 5.04(b), (xvic), (d)(ii), (e) The Pool Factor for each Group determined using the balances in subclause and (ii) above; (xvii) The amount, if any, transferred from the Simple Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01f); (xix) the weighted average maturity and weighted average Mortgage Interest Rate of the Mortgage Loans for the related Collection Period, and the weighted average Mortgage Interest Rate for the prior three month period; (xx) the Pass-Through Rate for each Class of Certificates with respect to the Distribution Date and if the Pass-Through Rate for any Class of Certificates was based on the Pool Cap (or in the case of the Class A-2 Certificates, the Fixed Cap), what it would have been without regard to the Pool Cap (or Fixed Cap); (xxi) the rate of LIBOR with respect to the Distribution Date; (xxii) the Pool Cap with respect to the Distribution Date; (xxiii) if the Pass-Through Rate for the Class A-2 Certificates for such Distribution Date is based on the Fixed Cap, the amount of any remaining Supplemental Interest Amount for such Class after any Supplemental Interest Payments are made for such Distribution Date; (xxiv) with respect to the Class A-2 Certificates, the amount of the distribution, if any, allocable to Supplemental Interest Amount and the amount of any Supplemental Interest Amount for all prior Distribution Dates after giving effect to such distribution; (xxv) whether the Trigger Event is in effect; (xxvi) the amount of any Applied Realized Loss Amount with respect to each Class of Certificates, the amount of Realized Losses for the related Collection Period with respect to the Mortgage Loans, and the amount of Cumulative Realized Losses on the Mortgage Loans as of the close of such Distribution Date; (xxvii) the amount of the Accelerated Principal Distribution Amount for such Distribution Date; (xxviii) the number and Principal Balance of all Defaulted Mortgage Loans purchased during the Collection Period; (xxix) the Overcollaterization Amount for the applicable Distribution Date; (xxx) such other information as the Trustee may reasonably require. The Certificate Administrator will make the report to Certificateholders available each month via the Certificate Administrator's internet website. The Certificate Administrator's internet website will initially be located at "www.firstlinkabs.com". Assistance in using the website can be obtaine▇ ▇▇ ▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇tificate Administrator's customer service desk at 704-383-9568. Parties that are unable to use the above distribution m▇▇▇▇▇ ▇▇▇ ▇▇titled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall forward such report to the Certificateholders on the Distribution Date, together, if requested by a Certificateholder, with a separate report indicating the amount of funds deposited in the Certificate Account pursuant to Section 6.01(a); and the amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(ivSections 6.02(c)(i) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix6.02(c)(ii); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Date; (xxiv) The amount of Class Interest Carryover Shortfall relating to each Class of Class A Certificates and the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principal; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make such report available to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer. To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may rely upon the latter. In the discretion of the Certificate Administrator, in the case of certain information furnished pursuant to subclauses (ii) and (ix) abovethe above provisions, the amounts shall be expressed in a separate section Section of the report as a dollar amount for each Class for each per $1,000 25,000 original dollar amount as of the Cut-Off Date. Each month, not later than the third Business Day prior to the Determination Date occurring in such month, the Servicer shall deliver to the Certificate Administrator the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit J (both in hard copy and in computer tape form). The Certificate Administrator may rely fully upon and shall have no liability with respect to any information provided to it by the Servicer. The Certificate Administrator shall not be obligated to verify, recompute, reconcile or confirm any information contained in the Servicer's Monthly Computer Tape or otherwise provided by the Servicer. In making any payments or distributions required to be made by them pursuant to any of the provisions hereof, the Certificate Administrator shall make such payments and distributions based solely upon the information contained in the Servicer's Monthly Computer Tape or, if such information is not included in the Servicer's Monthly Computer Tape, upon written instructions of the Servicer. The Trustee may rely fully upon and shall have no liability with respect to any such information provided to it by the Servicer or the Certificate Administrator. The Trustee shall not be obligated to verify, recompute, reconcile or confirm any information contained in any Certificate Administrator's Report or otherwise provided by the Certificate Administrator or the Servicer. (b) Within a reasonable period of time after the end of each calendar year, the Certificate Administrator shall furnish to each Person who at any time during the calendar year was a Certificateholder and who so requests the amount of interest and principal distributed with respect to each Class of Certificates plus such other customary information as the Certificate Administrator determines to be necessary and/or required by the Internal Revenue Service to enable the Certificateholders to prepare their tax returns for such calendar year. Such obligation of the Certificate Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Certificate Administrator pursuant to any requirements of the Code as from time to time are in force. (c) On each Distribution Date, the Certificate Administrator shall make available to the Class X and Class R Certificateholders a copy of the report forwarded to the Certificateholders in respect of such Distribution Date, as the case may be, and a statement, prepared by the Servicer or the Certificate Administrator, setting forth the amounts actually distributed to the Class X and Class R Certificateholders, on such Distribution Date together with such other information as the Servicer or Certificate Administrator provides and deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Certificate Administrator shall distribute to each Person who at any time during the calendar year was a Class X or Class R Certificateholder and who so requests such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class X or R Certificateholder, as applicable. Such obligation of the Certificate Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Certificate Administrator pursuant to any requirements of the Code as from time to time in force. (e) Upon reasonable advance notice in writing, the Servicer will provide to each Certificateholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Mortgage Loans sufficient to permit such Certificateholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Certificates. (f) The Servicer shall furnish to each Certificateholder, 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 as the Certificateholder may reasonably require; provided, that the Servicer shall be entitled to be reimbursed by such Certificateholder for the Servicer's actual expenses incurred in providing such reports if such reports are not producible in the ordinary course of the Servicer's business. (g) The Certificate Administrator shall, on behalf of the Trust Fund, prepare, sign and file with the Securities and Exchange Commission any and all reports, statements and information respecting the Trust which the Depositor determines are required to be filed with the Securities and Exchange Commission pursuant to Sections 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, each such report, statement and information to be filed on or prior to the required filing date for such report, statement or information. Upon the request of the Certificate Administrator, each of the Servicer and the Depositor shall cooperate with the Certificate Administrator in the preparation of any such report and shall provide to the Certificate Administrator in a timely manner all such information or documentation as the Certificate Administrator may reasonably request in connection with the performance of its duties and obligations under this Section 6.06(g).

Appears in 1 contract

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

Statements. (a) Not later than 12:00 noon California time noon, New York ---------- time, on the fourth Business Day following the last day of a Due Periodeach Determination Date, the Master Servicer shall deliver to the Trustee a computer tape containing (or such other report in a form and format mutually agreeable to the information set forth on Exhibit D Master Servicer and the Trustee) as to each Mortgage Loan as of such the end of the preceding Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time noon, New York time, on the Determination Distribution Date, the Trustee shall deliver to the Servicer, the Depositor Master Servicer and to the Certificate Insurer, by telecopy, with a hard copy thereof to be delivered on the succeeding such Distribution Date, a statement (the "Trustee’s 's Remittance Report") (based solely on the information contained on the computer tape) containing the information set forth below (to the extent any such information to be delivered by the Servicer pursuant to the first sentence of this Section 5.01(a) has been so delivered) with respect to such Distribution Date: (i) The Group 1 and Group 2 Available Funds for each Certificate Group and each Class' Certificate Rate for the related Distribution Date; (ii) The Class Principal Balance of each Class of Class A Certificates Class, the Pool Principal Balance and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Loan Group Principal Balance of the Mortgage Loans in each Loan Group as reported in the prior Trustee’s 's Remittance Report pursuant to subclause (xii) below, or, in the case of the first Determination Date, the Original Class Certificate Principal Balance of each Class of Class A Certificates and Class, the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Pool Principal Balance and the Cut-Off Date Loan Group Principal Balance of the Mortgage Loans in each Loan Group; (iii) The aggregate amount of collections received on the Mortgage Loans on or prior to such Determination Date in respect of the preceding Due Period, separately stating the amounts received in respect of principal and interest; (iv) The number and Principal Balances of all Mortgage Loans and of the Mortgage Loans in each Group, that were the subject of Principal Prepayments during the Due Period; (ivv) The amount of all Curtailments in each Group that were received during the Due Period; (v) The principal portion of all Monthly Payments for each Group received during the Due Period; (vi) The amount principal portion of all Monthly Payments received during the Due Period; (vii) The interest portion of all Monthly Payments received on the Mortgage Loans in each Groupduring the Due Period; (viiviii) The amount required to be paid by the Seller or Master Servicer (reported separately) pursuant to Sections 2.03, 2.06 or 3.01(j); (ix) The amount of the Monthly Advances and the amount of any Compensating Interest payment to be made on the Determination Date for each Group; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separatelyrespect to such Distri- bution Date; (x) The Class A Principal Distribution for each Certificate Group for the related Distribution Date, the Class Interest Distribution for the related Distribution Date to be distributed on each Class of Class A Certificates and any Net Funds Cap Carryover Amount to be distributed on the Class A-2 Certificates on the related Distribution Date; (xi) The amount, if any, of the Outstanding Class Interest Carryover Shortfall and Class A Principal Shortfall Amount for each Class after giving effect to the distributions on the related Distribution Date; (xii) The amount of the Insured Amounts for each GroupPayments, if any, to be paid made on the related Distribution Date; (xixiii) The amount to be distributed to the Class R Certificateholders Certif- icateholders for the related Distribution Date; (xiixiv) The Class Principal Balance of for each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the related Distribution Date; (xiiixv) The weighted average remaining term to maturity of the Mortgage Loans in each Loan Group and the weighted average Loan Rate in each Loan Group; (xiva) The Master Servicing Fee for each Group to be paid to the Master Servicer and (b) the amounts paid to the Certificate Insurer, separately stated, pursuant to Sections 5.01(a)(i)(4) and 5.01(a)(ii)(4) and the amount Reimbursement Amount to be paid to the Certificate Insurer pursuant to Section 5.01(a)(vi)(4); (xvii) The aggregate Premium Amount to be paid to the Certificate Insurer pursuant to Section 5.01; (xvxviii) The amount of all payments or reimbursements to the Master Servicer pursuant to Section 3.03; (xvixix) The Pool Factor for each Loan Group determined using the balances in subclause (iixxiv) above, computed to six (6) decimal places; (xviixx) The amountO/C Amount, if anythe O/C Reduction Amount, transferred from the Simple Interest Excess Account to O/C Amount and the Specified O/C Amount for the Distribution Account pursuant to Section 5.03 Date and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, Certificate Group and the Excess Spread for each Group, the Monthly Excess Spread Amount related Loan Group for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01such Distribution Date; (xixxxi) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix5.01(a)(vi)(7); (xxxxii) The amount of Distributable Excess Spread to be distributed to the Class A Certificateholders of each Class on such Distribution Date pursuant to Sections 5.01(a)(iv), 5.01(a)(v) and 5.01(a)(vi)(1), as applicable, on such Distribution Date; (xxiii) The number of Mortgage Loans in each Group outstanding at the beginning and at the end of the related Due Period; (xxixxiv) The amount on deposit in Pool Principal Balance and the Loan Group Principal Balance for each sub-account Loan Group, each as of the Spread Account after end of the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Date; (xxivxxv) Separately stated for each Loan Group, the number and aggregate Principal Balances of Mortgage Loans (w) as to which the Monthly Payment is delinquent for 30-59 days, 60-89 days and 90 or more days, respectively, (x) that have become REO Properties, in each case as of the end of the preceding Due Period, (y) that are in foreclosure and (z) the Mortgagor of which is the subject of any bankruptcy or insolvency proceeding; (xxvi) The unpaid principal amount of Class Interest Carryover Shortfall relating to each Class of Class A Certificates and the Class A-IO Certificates, separately stating the amount all Mortgage Loans that is allocable to each became Liquidated Mortgage Loans during such Class and the amount allocable to interest and principal; andDue Period; (xxvxxvii) Whether The Net Liquidation Proceeds received during such Due Period; (xxviii) The book value (within the meaning of 12 C.F.R. Section 571.13 or comparable provision) of any real estate acquired through foreclosure or grant of a deed in lieu of foreclosure; (xxix) For so long as the Master Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying is the details thereof. The Trustee shall make such report available to the Servicer, the Depositor, the Certificateholders, the Certificate InsurerSeller, the Rating Agencies and Bloomberg Agencies' ratings of the long-term unsecured debt of the Seller (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on to the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable extent such information is provided to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on Certificate Insurer or the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Master Servicer. To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may rely upon the latter. In the case of information furnished pursuant to subclauses (ii) and (ix) 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.); and

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Provident Bank)

Statements. (a) Not later than 12:00 noon California time on the fourth 5:00 p.m. one Business Day following the last day of a Due Period, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as prior to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination Payment Date, the Trustee Master Servicer shall deliver make available to the ServicerIndenture Trustee and the Yield Maintenance Provider, and concurrently with each distribution to Securityholders, the Depositor Master Servicer shall make available to each Securityholder, the Seller, the Owner Trustee and to the Certificate Insurer, by telecopy, with a hard copy thereof to be delivered on the succeeding Distribution Dateeach Rating Agency, a statement based solely on loan-level information provided to it by the Servicers (the “Trustee’s Remittance Report”"Payment Date Statement") containing the information set forth below (as to the extent any such information distributions to be delivered made or made, as applicable, on such 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 Servicer Yield Maintenance Provider regarding distributions to be made for the related Payment Date pursuant to the first sentence Yield Maintenance Agreements. The Indenture Trustee shall confirm to the Master Servicer receipt of this Section 5.01(a) has been so delivered) with respect to such Distribution 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 Group 1 and Group 2 Available Funds and the aggregate amount of the payment to be made on such Payment Date to the Holders of each Certificate Rate for Class of Notes, to the related Distribution Dateextent applicable, allocable to principal; (ii) The Class Principal Balance the aggregate amount of the payment to be made on such Payment Date to the Holders of each Class of Class A Certificates Notes allocable to interest and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report pursuant to subclause (xii) below, or, in the case of the first Determination Date, the Original Class Certificate Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of the Mortgage Loans in each Groupcalculation thereof; (iii) The number and Principal Balances of all Mortgage Loans and of the Mortgage Loans in each Group, that were the subject of Principal Prepayments during the Due Period; (iv) The amount of all Curtailments in each Group that were received during the Due Period; (v) The principal portion of all Monthly Payments for each Group received during the Due Period; (vi) The amount of interest received on the Mortgage Loans in each Group; (vii) The amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date for each Group; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xi) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Date; (xiii) The weighted average remaining term to maturity of the Mortgage Loans in each Group and the weighted average Loan Rate in each Group; (xiv) The Servicing Fee for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01; (xv) The amount of all payments or reimbursements to the Servicer pursuant to Section 3.03; (xvi) The Pool Factor for each Group determined using the balances in subclause (ii) above; (xvii) The amount, if any, transferred from the Simple Interest Excess Account of any distribution to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage Holders of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Date; (xxiv) The amount of Class Interest Carryover Shortfall relating to each Class of Class A Certificates and the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principalTrust Certificate; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make such report available to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.83836 ▇▇▇▇▇▇▇▇▇ 2003-4 [10203-023] Sale and Servicing Agreement (iv) (A) the aggregate amount of any Monthly Advances required to be made by or on behalf of the Servicers (or the Master Servicer) with respect to such Payment Date, (B) the aggregate amount of such Monthly Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above; (v) the total number of Mortgage Loans in the aggregate and the aggregate Scheduled Principal Balance, after giving effect to payments of principal reported under clause (i) above, in the aggregate and separately for each of 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 and the Net WAC Rate for such Payment Date; (vi) the Class Principal 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 foregoing Note Principal Amounts due to Applied Loss Amounts; (vii) the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date; (viii) the amount of the Master Servicing Fees, Servicing Fees and Indenture Trustee Fees, if any, paid during the Due Period to which such distribution relates; (ix) the number and aggregate Scheduled Principal Balance of Mortgage Loans, (a) delinquent 30 to 59 days on a contractual basis, (b) delinquent 60 to 89 days on a contractual basis, (c) delinquent 90 or more days on a contractual basis, (d) as to which foreclosure proceedings have been commenced in the month in which such Payment Date occurs, in each case as of the close of business on the last Business Day of the calendar month immediately preceding, (e) in bankruptcy and (f) that are REO Properties; (x) the aggregate Scheduled Principal Balance of any Mortgage Loans with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Payment Date occurs; (xi) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualified Substitute Mortgage Loan; (xii) the aggregate outstanding Carryforward Interest and Net WAC Shortfall Carryforward Amounts, if any, for each Class of Notes, after giving effect to payments made on such Payment Date; (xiii) the Note Interest Rate applicable to such Payment Date with respect to each Class of Notes; 83836 ▇▇▇▇▇▇.▇▇.▇▇▇” on ▇ 2003-4 [10203-023] Sale and Servicing Agreement (xiv) the related Distribution Interest Remittance Amount and the Principal Remittance Amount applicable to such Payment Date. Assistance in using ; (xv) the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such reportOvercollateralization Amount, the Trustee shall forward to Bloomberg a copy of Overcollateralization Deficiency, if any, the computer tape delivered by the Servicer on the Principal Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer. To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report Amount and the hard copy issued upon request Extra Principal Distribution Amount for such Payment Date; and (pursuant to xvi) the preceding paragraph) thereoflevel of LIBOR; any Yield Maintenance Payments made for such period, the Servicer may rely upon notional balances on each Yield Maintenance Agreement and the latterExcess Yield Maintenance Amount for such Payment Date. In the case of information furnished pursuant to subclauses (i), (ii) and (ixvi) above, the amounts shall also be expressed in a separate section of the report as a dollar amount for each Class for each per $1,000 of original dollar principal amount as of the Cut-Off DateNotes.

Appears in 1 contract

Sources: Sale and Servicing Agreement (Thornburg Mortgage Inc)

Statements. Not later than 12:00 noon California time On each Payment Date, based solely on information provided to it by the fourth Business Day following Servicer in its Determination Date Report, the last day of a Due PeriodIndenture Trustee shall prepare and make available to each Noteholder, the Swap Counterparties, the Cap Counterparties, the Servicer shall deliver to and the Trustee a computer tape containing the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination Date, the Trustee shall deliver to the Servicer, the Depositor and to the Certificate Insurer, by telecopy, with a hard copy thereof to be delivered on the succeeding Distribution DateRating Agencies, a statement (the “Trustee’s Indenture Trustee Remittance Report”) containing the information set forth below (as to the extent any payments made on such information to be delivered by the Servicer pursuant to the first sentence of this Section 5.01(a) has been so delivered) with respect to such Distribution Payment Date: (i) The Group 1 the amount of the payment made on such Payment Date to the Holders of each Class of Notes, separately identified, allocable to principal and Group 2 Available Funds and each Certificate Rate for the related Distribution Dateamount of the payment made to the Holders of the Class C Certificates allocable to Prepayment Charges; (ii) The Class Principal Balance the amount of the payment made on such Payment Date to the Holders of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report pursuant Notes allocable to subclause (xii) belowinterest, or, in the case of the first Determination Date, the Original Class Certificate Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of the Mortgage Loans in each Groupseparately identified; (iii) The number and Principal Balances of all Mortgage Loans and of the Mortgage Loans in each Group, that were payments made to the subject of Principal Prepayments during the Due Period;Certificateholders (iv) The amount the Pool Balance of all Curtailments in each the Group that were received during the Due Period; (v) The principal portion of all Monthly Payments for each Group received during the Due Period; (vi) The amount of interest received on the I Mortgage Loans in each Group; (vii) The amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date for each Group; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xi) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Date; (xiii) The weighted average remaining term to maturity of the Group II Mortgage Loans in each Group and the weighted average Loan Rate in each Group; (xiv) The Servicing Fee for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01; (xv) The amount of all payments or reimbursements to the Servicer pursuant to Section 3.03; (xvi) The Pool Factor for each Group determined using the balances in subclause (ii) above; (xvii) The amount, if any, transferred from the Simple Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and Close of Business at the end of the related Due Period; (xxiv) The amount on deposit in each sub-account the number, aggregate principal balance, and weighted average Mortgage Rate of the Spread Account after Mortgage Loans as of the Distribution related Determination Date; (xxiivi) The amount the number and aggregate unpaid principal balance of losses experienced on the Mortgage Loans (identified by Group) that (A) were 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 that (i) are not Delinquent, and (ii) are Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (C) are related to a REO Property and that (i) are not Delinquent and (ii) are Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days and (D) are related to a Mortgagor that was subject to a bankruptcy proceeding and that (i) are not Delinquent and (ii) are Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each Group case on a contractual and bankruptcy legal basis; (vii) the aggregate amount of Principal Prepayments made during the preceding Due related Prepayment Period; (viii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative losses for the Mortgage Loans in each Group as a percentage amount of the related Cut-Off Date Principal BalanceRealized Losses; (xxiiiix) The the Class A-2 Available Funds Carryforward, if anyNote Balance of each class of the Class A Notes and each class of the Class M Notes, after giving effect to all distributions the payments made on such Distribution Payment Date; (xxivx) The the Unpaid Interest Shortfall Amount, if any, with respect to each class of the Class A Notes and each class of the Class M Notes for such Payment Date; (xi) the aggregate amount of Class any Prepayment Interest Carryover Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 5.27 of the Sale and Servicing Agreement; (xii) the Credit Enhancement Percentage for such Payment Date; (xiii) the Available Funds Cap Shortfall relating to amount for each Class class of the Class A Certificates Notes and each class of the Class M Notes if any, for such Payment Date; (xiv) the difference between (x) the sum of (i) the aggregate notional amount of the Swap Agreements and (ii) the aggregate notional amount of the Cap Agreements and (y) the aggregate Class Note Balance of the Class A Notes and Class M Notes on such Payment Date; (xv) the Required Overcollateralization Amount for such Payment Date; (xvi) the Net Monthly Excess Cashflow for such Payment Date; (xvii) the aggregate amount of Scheduled Principal Payments made during the related Due Period; (xviii) the aggregate amount of Principal Prepayments made during the related Due Period in which the related Mortgagor paid the related Mortgage Loan in full; (xix) the aggregate amount of Principal Prepayments in part made during the related Prepayment Period; (xx) the number and the Class A-IO Certificates, separately stating aggregate principal balance of all Liquidated Mortgage Loans for the related Prepayment Period; (xxi) the aggregate amount that is allocable to each such Class and of Net Liquidation Proceeds received during the amount allocable to interest and principalrelated Prepayment Period; and (xxvxxii) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred the dollar amount of claims made, amounts paid by the MI Insurer in respect of claims made, and specifying premiums due and paid under the details thereof. The Trustee shall make such report available MI Policy, solely to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information extent provided by the Servicer. To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may rely upon the latter. In the case of information furnished pursuant to subclauses (iii) and (ixii) 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. The Indenture Trustee may, in the absence of manifest error, conclusively rely upon the Determination Date Report of the Servicer in its preparation of the statement to Noteholders pursuant to this Section 2.09. Within a reasonable period of time after the end of each calendar year, the Indenture Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Noteholder, if requested in 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 Noteholder. Such obligation of the Indenture Trustee shall have been previously deemed to have been satisfied to the extent that substantially comparable information shall be made available by the Indenture Trustee to Noteholders. On each Payment Date, the Indenture Trustee shall make available to the Certificateholders a copy of the reports made available to the Noteholders in respect of such Payment Date with such other information as the Indenture Trustee deems necessary or appropriate. Within a reasonable period of time after the end of each calendar year, the Indenture Trustee shall deliver to each Person who at any time during the calendar year was a Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Indenture Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall have been previously made available to Certificateholders by the Indenture Trustee.

Appears in 1 contract

Sources: Indenture (NovaStar Mortgage Funding Trust, Series 2006-1)

Statements. (a) Not later than 12:00 noon California time noon, New York time, on the fourth Business Day following the last day of a Due Periodeach Determination Date, the Master Servicer shall deliver to the Trustee a computer tape monthly report (the "Monthly Report") in a form and format mutually agreeable to the Master Servicer and the Trustee containing the information set forth on in Exhibit D hereto as to each Mortgage Home Equity Loan as of such Due the end of the preceding Collection Period and such other information as the Trustee shall reasonably require, including, without limitation, all information necessary to enable the Trustee to make the payments required by Section 5.01(a). Not later than 12:00 noon California time on Each Monthly Report shall be accompanied by an Officer's Certificate of the Determination Master Servicer. On the Business Day preceding the Distribution Date, the Trustee shall deliver to the Servicer, Certificate Insurer and the Depositor and to the Certificate InsurerDepositor, by telecopy, with a hard copy thereof to be delivered on the succeeding such Distribution Date, a statement (copy of the “Trustee’s Remittance Report”) Monthly Report containing the information set forth below (to the extent any such information to be delivered by the Servicer pursuant to the first sentence of this Section 5.01(a) has been so delivered) with respect to such Distribution Date: (i) The Group 1 and Group 2 Available Funds and each Certificate Rate the amount of the Insured Payment, if any, for the related Distribution Date; (ii) The Class Principal Balance of each Class of Class A Certificates and Class, the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Pool Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Monthly Report pursuant to subclause (xii) below, or, in the case of the first Determination Date, the Original Class Certificate Principal Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Pool Principal Balance of the Mortgage Loans in each GroupBalance; (iii) The aggregate amount of collections received on the Home Equity Loans on or prior to such Determination Date in respect of the preceding Collection Period, separately stating the amounts received in respect of principal and interest; (iv) The number and Principal Balances of all Mortgage Home Equity Loans and of the Mortgage Loans in each Group, that were the subject of Principal Prepayments Prepayment In Full during the Due related Collection Period; (ivv) The amount of all Curtailments in each Group that were received during the Due Collection Period; (vvi) The principal portion of all Monthly Payments for each Group received during the Due Collection Period; (vivii) The interest portion of all Monthly Payments received on the Home Equity Loans during the Collection Period; (viii) The amount of interest received on required to be paid by the Mortgage Loans in each GroupSeller or the Master Servicer (reported separately) pursuant to Sections 2.02, 2.05, 2.06 or 3.01(j); (viiix) The amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date for each Group; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount for each Class of Class A and Class A-IO Certificates for the with respect to such Distribution Date with the components thereof stated separatelyDate; (x) The amount of Formula Principal Distribution Amount for the Insured Amounts for each Grouprelated Distribution Date, if any, the portion thereof to be paid distributed on the Distribution Dateeach Class of Certificates then entitled to distributions of principal; (xi) The Class Interest Distribution for the related Distribution Date to be distributed on each Class of Certificates; (xii) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the related Distribution Date; (xiii) The Certificate Principal Balance (after giving effect to any distributions of principal to be made on the Class A Certificates on the related Distribution Date); (xiv) The weighted average remaining term to maturity of the Mortgage Home Equity Loans in each Group and the weighted average Loan Rate in each GroupRate; (xiva) The Master Servicing Fee for each Group to be retained by the Master Servicer and (b) the amounts paid to the Certificate Insurer, separately stated, and the amount Reimbursement Amount to be paid to the Certificate Insurer pursuant to Section 5.015.01(a)(v) and other amounts due and owing to the Certificate Insurer under the Insurance Agreement and to be paid pursuant to Section 5.01(a)(ix); (xvxvi) The amount of all payments or reimbursements to the Master Servicer pursuant to Section 3.03; (xvi) The Pool Factor for each Group determined using the balances in subclause (ii) above; (xvii) The amount, if any, transferred from the Simple Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Date; (xxiv) The amount of Class Interest Carryover Shortfall relating to each Class of Class A Certificates and the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principal; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make such report available to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer. To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may rely upon the latter. In the case of information furnished pursuant to subclauses (ii) and (ix) 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.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Morgan Stanley Capital I Inc Home Eq Ln as Bk Cer Ser 1999-2)

Statements. (a) Not later than 12:00 noon 1:00 p.m., California time time, on the fourth fifth Business Day following the last day of a Due Periodprior to each Distribution Date, the Servicer shall deliver to the Trustee by electronic modem a computer tape file containing the information set forth on Exhibit D as to each Mortgage Loan called for by clauses (i) through (xxiii) below as of such the end of the preceding Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon 1:00 p.m., California time time, on the each Determination Date, the Trustee shall deliver to the Servicer, Servicer and the Depositor and to the Certificate Insurer, Seller by telecopy, with a hard copy thereof to be delivered on the succeeding Distribution Date, a confirmation of the items in clause (i) below. Not later than one Business Day prior to each Distribution Date the Trustee shall deliver a statement (the "Trustee’s 's Remittance Report") containing the information set forth below (to the extent any such information to be delivered by the Servicer pursuant to the first sentence of this Section 5.01(a) has been so delivered) with respect to such Distribution Date, which information shall be based upon the information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification or calculation thereof: (i) The Group 1 and Group 2 Available Funds for each Certificate Group and each Class's Certificate Rate for the related Distribution Date; (ii) The the aggregate amount of the distribution to each Class of Certificates on such Distribution Date; (iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining; (iv) the amount of the distribution set forth in paragraph (i) above in respect of principal and the amount thereof in respect of the Class Principal Carryover Shortfall, and any remaining Class Principal Carryover Shortfall; (v) the amount of Excess Interest for each Loan Group paid as principal; (vi) the Servicing Fee; (vii) the Loan Group Balance of each Loan Group and the Pool Balance, in each case as of the close of business on the last day of the preceding Due Period; (viii) the Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report pursuant after giving effect to subclause (xii) below, or, in the case of the first Determination Date, the Original Class Certificate Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of the Mortgage Loans in each Grouppayments allocated to principal above; (iiiix) each Overcollateralization Amount and each Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date; (x) for each Certificate Group, whether a Trigger Event or a Cumulative Loss Event has occurred and is continuing; (xi) The number and Principal Balances of all Mortgage Loans and of the Mortgage Loans in each Group, Loan Group that were the subject of Principal Prepayments during the Due Period; (ivxii) The amount of all Curtailments in each Loan Group that were received during the Due Period; (vxiii) The principal portion of all Monthly Payments for in each Loan Group received during the Due Period; (vixiv) The amount interest portion of interest all Monthly Payments in each Loan Group received on the Mortgage Loans in each Groupduring the Due Period; (viixv) The For each Certificate Group, the amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date for each Group; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xixvi) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Date; (xiiixvii) The weighted average remaining term to maturity of the Mortgage Loans in each Loan Group and the weighted average Loan Rate in each GroupRate; (xiv) The Servicing Fee for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01; (xvxviii) The amount of all payments or reimbursements to the Servicer pursuant to Section 3.03; Sections 3.03(ii) and (xvi) The Pool Factor for each Group determined using the balances in subclause (ii) above; (xvii) The amount, if any, transferred from the Simple Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01vi); (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Loan Group outstanding at the beginning and at the end of the related Due Period; (xxixx) The amount on deposit in For each sub-account of Certificate Group, the Spread Account after the Distribution Date; (xxii) The amount of losses Liquidation Loan Losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for Loan Losses and the Mortgage Loans in each Group Cumulative Net Losses as a percentage of the related Cut-Off Date Pool Balance; (xxi) For each Loan Group, as of the end of the preceding calendar month, the number and Principal BalanceBalance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent; the number and Principal Balance of Mortgage Loans which are in foreclosure; and the number and Principal Balance of Mortgage Loans which are REO Property; (xxii) For each Certificate Group the calculation of the Trigger Event and the Cumulative Loss Event; (xxiii) The Class A-2 Available Funds CarryforwardFor each Loan Group, if anythe number and aggregate Principal Balance of Mortgage Loans, after giving effect to all distributions on such Distribution Date;other than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period; and (xxiv) The amount of Class Interest Carryover Shortfall relating to For each Class of Class A Certificates and Pre-Funding Distribution Date, the Class Aremaining Allocated Pre-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principal; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereofFunded Amount. The Trustee shall make forward such report available to the Servicer, the DepositorSeller, the Certificateholders, the Certificate InsurerRating Agencies, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer. The Servicer shall calculate all items in clauses (i) - (xxiv) above. To the extent that there are inconsistencies between the telecopy of the Trustee’s 's Remittance Report and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may rely upon the latter. In the case of information furnished pursuant to subclauses (ii), (iii), (iv) and (ixvi) 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 related Cut-Off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was a Holder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (iii) and (iv) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Trustee shall forward to the Class R Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared 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 each Certificateholder (if requested in writing), during the term of this Agreement, such periodic, special or other reports or information, whether or not provided for herein, as shall be necessary, reasonable or appropriate with respect to the Certificateholder or otherwise with respect to the purposes of this Agreement, all such reports or information to be provided by and in accordance with such applicable instructions and directions (if requested in writing) as the Certificateholder may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable. (f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Delta Funding Corp /De/)

Statements. (a) Not later than 12:00 noon California time 11:00 a.m., Illinois time, on the fourth fifth Business Day following the last day of a Due Periodprior to each Distribution Date, the Servicer shall deliver to the Trustee Securities Administrator by electronic means a computer tape file containing the information set forth on Exhibit D as to each Mortgage Loan called for by clauses (i) through (xxvi) below as of such the end of the preceding Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination 4:00 p.m., New York time, three Business Days prior to each Distribution Date, the Trustee Securities Administrator shall deliver to the Servicer, the Depositor Trustee and to the Certificate Insurer, Seller by telecopy, with a hard copy thereof to be delivered on the succeeding Distribution Date, a confirmation of the items in clause (i) below. Not later than two Business Days prior to each Distribution Date the Securities Administrator shall deliver to the Trustee a statement (the “Trustee’s "Remittance Report") containing the information set forth below (to the extent any such information to be delivered by the Servicer pursuant to the first sentence of this Section 5.01(a) has been so delivered) with respect to such Distribution Date, which information shall be based upon the information furnished by the Servicer upon which the Securities Administrator and the Trustee shall conclusively rely without independent verification or calculation thereof: (i) The Group 1 and Group 2 the Available Funds for each Certificate Group and each Class' Certificate Rate for the related Distribution Date; (ii) The the aggregate amount of the distribution to each Class of Certificates on such Distribution Date; (iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining; (iv) the amount of the distribution set forth in paragraph (i) above in respect of principal and the amount thereof in respect of the Class Principal Carryover Shortfall, and any remaining Class Principal Carryover Shortfall; (v) the amount of Excess Interest for each Loan Group paid as principal; (vi) the Servicing Fee; (vii) the Loan Group Balance of each Loan Group and the Pool Balance, in each case as of the close of business on the last day of the preceding Due Period; (viii) the Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report pursuant after giving effect to subclause (xii) below, or, in the case of the first Determination Date, the Original Class Certificate Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of the Mortgage Loans in each Grouppayments allocated to principal above; (iiiix) The the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date; (x) whether a Cumulative Loss Event or a Delinquency Event has occurred and is continuing and the calculation thereof; (xi) the number and Principal Balances of all Mortgage Loans and of the Mortgage Loans in each Group, Loan Group that were the subject of Principal Prepayments during the Due Period; (ivxii) The the amount of all Curtailments in each Loan Group that were received during the Due Period; (vxiii) The the principal portion of all Monthly Payments for in each Loan Group received during the Due Period; (vixiv) The amount the interest portion of interest all Monthly Payments in each Loan Group received on the Mortgage Loans in each Groupduring the Due Period; (viixv) The for each Certificate Group, the amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date for each Group; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xixvi) The the amount to be distributed to the Class P, Class BIO and Class R Certificateholders Certificateholders, respectively for the Distribution Date; (xiixvii) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Date; (xiii) The weighted average remaining term to maturity of the Mortgage Loans in each Loan Group and the weighted average Loan Rate in each Groupas of the first day of the month prior to the Distribution Date; (xivxviii) The Servicing Fee for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01; (xv) The amount of all payments or reimbursements to the Servicer pursuant to Section 3.03; Sections 3.03(ii) and (xvi) The Pool Factor for each Group determined using the balances in subclause (ii) above; (xvii) The amount, if any, transferred from the Simple Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01vi); (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Loan Group outstanding at the beginning and at the end of the related Due Period; (xxixx) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses Liquidation Loan Losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for Loan Losses and the Mortgage Loans in each Group Cumulative Net Losses as a percentage of the related Cut-Off Date Pool Balance; (xxi) for each Loan Group, as of the end of the preceding calendar month, the number and Principal BalanceBalance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth); (xxii) any LIBOR Carryover distributed and any remaining LIBOR Carryover; (xxiii) The Class A-2 Available Funds Carryforwardfor each Loan Group, if anythe number and aggregate Principal Balance of Mortgage Loans, after giving effect to all distributions on such Distribution Dateother than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period; (xxiv) The the amount of Net Rate Cap Carryover distributed to the Class Interest Carryover Shortfall relating to A-6F Certificates and each Class of Class A Subordinate Certificates and the Class Aamount of Net Rate Cap Carryover remaining for each such Class; (xxv) for each Pre-IO CertificatesFunding Distribution Date, separately stating the amount that is allocable to each such Class and remaining in the amount allocable to interest and principalInitial Coverage Account; and (xxvxxvi) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying for each Pre-Funding Distribution Date, the details thereofremaining Allocated Pre-Funded Amount. The Trustee shall make forward such report available to the Servicer, the DepositorSeller, the Certificateholders, the Certificate InsurerRating Agencies, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Securities Administrator and the Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer. The Servicer shall calculate all items in clauses (i) - (xxvi) above. To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may rely upon the latter. In the case of information furnished pursuant to subclauses (ii), (iii), (iv) and (ixvi) 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 related Cut-Off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was a Holder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (iii) and (iv) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Trustee shall forward to the Class R Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared by the Securities Administrator or 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, the Securities Administrator and the Trustee shall furnish to 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, the Securities Administrator and the Trustee shall be entitled to be reimbursed by such Certificateholder for their respective fees and actual expenses associated with providing such reports, if such reports are not generally produced in the ordinary course of their respective businesses or readily obtainable. (f) Reports and computer diskettes or files furnished by the Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent required by law or to the Rating Agencies. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Delta Funding Home Equity Loan Tr 1999-2 Home Equ Loan Ass B)

Statements. Not Each month, not later than 12:00 noon California New York time on the fourth Business Day following the last day of a Due PeriodDetermination Date, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination Date, the Trustee shall deliver to the Servicer, the Depositor and to the Certificate InsurerTrustee, by telecopy, for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with a hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit L (both in hard copy and in computer tape form) to be delivered on the succeeding Distribution Business Day following the Determination Date, a statement certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the “Trustee’s Remittance Report”) containing date (day, month and year), the information set forth below (to Series number of the extent any such information to be delivered by Certificates, the Servicer pursuant to the first sentence date of this Section 5.01(a) has been so delivered) with respect to Agreement, and, as of the close of business on the Record Date for such Distribution Datemonth: (i) The Group 1 and Group 2 Available Funds and each Certificate Rate for the related Distribution Remittance Date; (ii) The Aggregate Class A Certificate Principal Balance, the Aggregate Class M Certificate Principal Balance, the Aggregate Class B Certificate Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Pool Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report Servicer's Certificate pursuant to subclause (xii) below, or, in the case of the first Determination Date, the Original Class A, Class M and Class B Certificate Principal Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Pool Principal Balance of the Mortgage Loans in each GroupBalance; (iii) The number and Principal Balances of all Mortgage Business Loans and of the Mortgage Loans in each Group, that which were the subject of Principal Prepayments during the Due Period; (iv) The amount of by all Curtailments in each Group that which were received during the Due Period; (v) The principal portion amount of all Excess Payments and the amount of all Monthly Payments for each Group in respect of principal received during the Due Period; (vi) The aggregate amount of interest received on the Mortgage Loans in each GroupBusiness Loan; (vii) The amount of the Monthly Advances to be made on the Determination Date and the Compensating Interest payment to be made on the Determination Date for each GroupDate; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit LK; (ix) The Remittance amount of any Realized Losses incurred during the related Due Period and the Actual Loss Amount for each such Remittance Date; (x) The Class of A, Class A M and Class A-IO Certificates B Interest Distribution Amounts and Principal Distribution Amounts for the Distribution Remittance Date with the components thereof stated separately; (xxi) The amount available in the Spread Account as of the Insured Amounts for each Grouprelated Record Date in cash and from liquidation of Permitted Instruments and the amount, if any, to be paid on transferred from the Distribution Date; (xi) The amount to be distributed Spread Account to the Class R Certificateholders Certificate Account pursuant to Section 6.02(b)(i) and the total amount of Guaranty Payments and payments with respect to Alternate Credit Enhancement for the Distribution such Remittance Date; (xii) The Aggregate Class A Certificate Principal Balance, Aggregate Class M Certificate Principal Balance, Aggregate Class B Certificate Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Pool Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Remittance Date; (xiii) The weighted average remaining term Extra Interest received with respect to maturity of such Remittance Date and, for each Remittance Date after the Mortgage Loans in each Group Spread Account Trigger Date, the Spread Balance and the weighted average Loan Rate in each GroupSpecified Spread Account Requirement with respect to such Remittance Date; (xiv) The Servicing Fee for each Group weighted average maturity and the amount to be paid to the Certificate Insurer pursuant to Section 5.01weighted average Business Loan Interest Rate; (xv) The Servicing Fees and amounts to be deposited to the Expense Account; (xvi) The amount of all payments or and reimbursements to the Servicer pursuant to Section 3.03; 5.04 (xvib), (c), (d)(ii), (e) The Pool Factor for each Group determined using the balances in subclause and (ii) abovef); (xvii) The amountClass A, if any, transferred from the Simple Interest Excess Account Class M and Class B Remittance Rates with respect to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01such Remittance Date; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Cumulative Actual Loss Amount and Cumulative Realized Losses for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01such Remittance Date; (xix) the Class B Shortfall Amount, if any, for such Remittance Date; (xx) During the Funding Period, the aggregate Principal Balance of the Subsequent Mortgage Loans purchased during the prior Due Period and the amount on deposit in the Pre-Funding Account as of the end of such Due Period; and (xxi) Such other information as the Certificateholders or the Rating Agencies may reasonably require. The Trustee shall forward such report to the Certificateholders and the Rating Agencies on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Certificate Account pursuant to Section 6.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Seller, as appropriate, Seller pursuant to Section 5.01(a)(ivSections 6.03(c)(i), 6.03(c)(ii) and 6.07(b)(vi) (all reports prepared by the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number Trustee of Mortgage Loans such withdrawals and deposits will be based in each Group outstanding at whole or in part upon the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Date; (xxiv) The amount of Class Interest Carryover Shortfall relating to each Class of Class A Certificates and the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principal; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make such report available information provided to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer). To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report Servicer's Certificate and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may Trustee shall be entitled to rely upon the lattertelecopy. In the case of information furnished pursuant to subclauses (ii), (iii), (iv), (v), (x) and (ix) xii), above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each per $1,000 original dollar amount as of the Cut-Cut- Off Date. Additionally, on the Special Remittance Date the Trustee shall, based upon information received from the Servicer, forward to the Certificateholders and the Rating Agencies a report setting forth the amount of principal and interest, if any, being paid to each Class of Certificates on the Special Remittance Date. (a) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Certificateholder such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (vi), (x), and (xv), above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. (b) Upon reasonable advance notice in writing, the Servicer will provide to each Certificateholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Business Loans sufficient to permit such Certificateholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Certificates. (c) The Servicer shall furnish to each Certificateholder, 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 as the Certificateholder may reasonably require; provided, that the Servicer shall be entitled to be reimbursed by such Certificateholder for the Servicer's actual expenses incurred in providing such reports if such reports are not producible in the ordinary course of the Servicer's business. The Rating Agencies shall receive copies of any such reports or information furnished to the Certificateholders.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Money Store Commercial Mortgage Inc)

Statements. Not later than 12:00 noon California time (a) On each Distribution Date, based, as applicable, on the fourth Business Day following the last day of a Due Period, the Servicer shall deliver information provided to the Trustee a computer tape containing the information set forth on Exhibit D as to it by each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination DateServicer, the Trustee shall deliver prepare and make available to each Holder of the ServicerRegular Certificates, the Depositor Servicers and to the Certificate Insurer, by telecopy, with a hard copy thereof to be delivered on the succeeding Distribution DateRating Agencies, a statement (the “Trustee’s Remittance Report”) containing the information set forth below (as to the extent any such information to be delivered by the Servicer pursuant to the first sentence of this Section 5.01(a) has been so delivered) with respect to distributions made on such Distribution Date: (i) The Group 1 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 Group 2 Available Funds 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 Certificate Rate Class of Regular Certificates (other than the Class P Certificates) allocable to interest, separately identified; (iii) the Overcollateralized Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Date and the Excess Overcollateralized Amount for the related Mortgage Pool for such Distribution Date; (iiiv) The Class Principal Balance the aggregate amount of servicing compensation received by each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report pursuant Servicer with respect to subclause (xii) below, or, in the case of the first Determination Date, the Original Class Certificate Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of Due Period and such other customary information as the Mortgage Loans in each Group; (iii) The number and Principal Balances of all Mortgage Loans and of the Mortgage Loans in each GroupTrustee deems necessary or desirable, that were the subject of Principal Prepayments during the Due Period; (iv) The amount of all Curtailments in each Group that were received during the Due Periodor which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns; (v) The principal portion the aggregate amount of all Monthly Payments Advances for each Group received during the related Due Period; (vi) The amount of interest received on the Mortgage Loans in each Group; (vii) The amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date for each Group; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xi) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Principal Pool Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Date; (xiii) The weighted average remaining term to maturity of the Mortgage Loans in each Group and the weighted average Loan Rate in each Group; (xiv) The Servicing Fee for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01; (xv) The amount of all payments or reimbursements to the Servicer pursuant to Section 3.03; (xvi) The Pool Factor for each Group determined using the balances in subclause (ii) above; (xvii) The amount, if any, transferred from the Simple Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and Close of Business at the end of the related Due Period; (xxivii) The amount on deposit the number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of the Mortgage Loans as of the related Determination Date; (viii) the number and aggregate unpaid Stated Principal Balance of Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each sub-account case as of the Spread 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 preceding Prepayment Period and the number and aggregate Stated Principal Balance of all Subsequent Mortgage Loans added during the Funding Period; (xi) the aggregate amount of Principal Prepayments made during the related Prepayment Period, separately indicating Principal Prepayments in full and Principal Prepayments in part; (xii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative amount of Realized Losses and the aggregate amount of Subsequent Recoveries received during the related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date; (xiii) the aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account after the for such Distribution Date; (xxiixiv) The amount the Certificate Principal Balance of losses experienced on the Mortgage Loans in each Group during the preceding Due Period Class of Floating Rate Certificates and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if anyC Certificates, after giving effect to all the distributions made on such Distribution Date; (xxivxv) The amount the Monthly Interest Distributable Amount in respect of each Class of Floating Rate Certificates and the Class C Certificates for such Distribution Date and the Unpaid Interest Carryover Shortfall relating Amount, if any, with respect to each Class of Class A Floating Rate Certificates and the Class A-IO C Certificates for such Distribution Date; (xvi) the aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the extent not covered by payments by the related 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 Floating Rate Certificates, separately stating the amount that is allocable to each if any, for such Class Distribution Date and the amount allocable remaining unpaid after reimbursements therefor on such Distribution Date; (xix) any Overcollateralization Target Amount, Overcollateralized Amount and Overcollateralization Deficiency Amount after giving effect to interest the distribution of principal on such Distribution Date; (xx) when the Stepdown Date or a Trigger Event has occurred; (xxi) the Available Funds; (xxii) the respective Pass-Through Rates applicable to each Class of Floating Rate Certificates and principalthe Class C Certificates for such Distribution Date and the Pass-Through Rate applicable to each Class of Floating Rate Certificates for the immediately succeeding Distribution Date; (xxiii) payments, if any, made under the Cap Contract; and (xxiv) the amount on deposit in the Pre-Funding Account and the Interest Coverage Account; and (xxv) Whether for the distribution occurring on the Distribution Date immediately following the end of the Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Mortgage Loans, as applicable, and that is being distributed to the Class A Certificates as a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereofmandatory distribution of principal, if any, on such Distribution Date. The Trustee shall will make such report statement (and, at its option, any additional files containing the same information in an alternative format) available each month to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, Certificateholders and the Rating Agencies and Bloomberg (via the Trustee’s internet website. The Trustee’s internet website shall initially be located at ▇▇▇ ▇▇▇▇ “h▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date/▇▇▇▇”. Assistance in using the website can be obtained by calling the Trustee’s investor relations customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method option are entitled to have a paper copy mailed to them via first class mail by calling the investor relations customer service desk and indicating such. In addition, together with The Trustee shall have the right to change the way such reportstatements 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 shall forward to Bloomberg may require registration and the acceptance of a copy of the computer tape delivered by the Servicer on the Distribution Datedisclaimer. The Trustee may fully will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely upon and on but shall have no liability with respect to not be responsible for the content or accuracy of any information provided by third parties for purposes of preparing the Servicer. To Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the extent that there are inconsistencies between the telecopy part of the Trustee’s Remittance Report and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may rely upon the latterany other party thereto). In the case of information furnished pursuant to subclauses (iii) and (ixii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-Off off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) 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 Residual Certificateholders a copy of the reports forwarded to the Regular Certificateholders in respect of such Distribution Date with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a 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 2005-2)

Statements. Not Each month, not later than 12:00 noon California New York time on the fourth Business Day following the last day of a Due PeriodDetermination Date, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination Date, the Trustee shall deliver to the Servicer, the Depositor and to the Certificate InsurerTrustee, by telecopy, for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with a hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit L (both in hard copy and in computer tape form) to be delivered on the succeeding Distribution Business Day following the Determination Date, a statement certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the “Trustee’s Remittance Report”) containing date (day, month and year), the information set forth below (to Series number of the extent any such information to be delivered by Certificates, the Servicer pursuant to the first sentence date of this Section 5.01(a) has been so delivered) with respect to Agreement, and, as of the close of business on the Record Date for such Distribution Datemonth: (i) The Group 1 and Group 2 Available Funds and each Certificate Rate for the related Distribution Remittance Date; (ii) The Aggregate Class A Certificate Principal Balance, the Aggregate Class B Certificate Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Pool Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report Servicer's Certificate pursuant to subclause (xii) below, or, in the case of the first Determination Date, the Original Class A and Class B Certificate Principal Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Pool Principal Balance of the Mortgage Loans in each GroupBalance; (iii) The number and Principal Balances of all Mortgage SBA Loans and of the Mortgage Loans in each Group, that which were the subject of Principal Prepayments during the Due Period; (iv) The amount product of the Unguaranteed Percentage multiplied by all Curtailments in each Group that which were received during the Due Period; (v) The principal portion product of the Unguaranteed Percentage multiplied by all Excess Payments and the product of the Unguaranteed Percentage multiplied by all Monthly Payments for each Group in respect of principal received during the Due Period; (vi) The aggregate amount of interest received on each SBA Loan net of the Mortgage Loans in each GroupFTA's Fee, the Premium Protection Fee, the Additional Fee and the portion thereof payable to the Registered Holders; (vii) The amount of the Monthly Advances to be made on the Determination Date and the Compensating Interest payment to be made on the Determination Date for each GroupDate; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit LK; (ix) The Remittance Amount for each Class product of the Unguaranteed Percentage multiplied by the amount of any losses realized on a Liquidated SBA Loan; (x) The Class A and Class A-IO Certificates B Interest Distribution Amounts and Principal Distribution Amounts for the Distribution Remittance Date with the components thereof stated separately; (xxi) The amount available in the Spread Account as of the Insured Amounts for each Grouprelated Record Date in cash and from liquidation of Permitted Instruments and the amount, if any, to be paid on transferred from the Distribution Date; (xi) The amount to be distributed Spread Account to the Class R Certificateholders for the Distribution DateCertificate Account pursuant to Section 6.02(b)(i); (xii) The Aggregate Class A Certificate Principal Balance, Aggregate Class B Certificate Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Pool Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Remittance Date; (xiii) The weighted average remaining term to maturity of Excess Spread, the Mortgage Loans in each Group Spread Balance and the weighted average Loan Rate in each GroupSpecified Spread Account Requirement with respect to such Remittance Date; (xiv) The Servicing Fee for each Group weighted average maturity and the amount to be paid to the Certificate Insurer pursuant to Section 5.01weighted average SBA Loan Interest Rate; (xv) The Servicing Fees and amounts to be deposited to the Expense Account; (xvi) The amount of all payments or and reimbursements to the Servicer pursuant to Section 3.03; 5.04 (xvib), (c), (d)(ii), (e) The Pool Factor for each Group determined using the balances in subclause and (ii) abovef); (xvii) The amount, if any, transferred from the Simple Interest Excess Account Class A and Class B Remittance Rates with respect to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01such Remittance Date; (xviii) The percentage During the Funding Period, the aggregate Principal Balance of the related Excess Spread used to determine Subsequent Mortgage Loans purchased during the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess prior Due Period and the allocation amount on deposit in the Pre-Funding Account as of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01;end of such Due Period; and (xix) Such other information as the Certificateholders or the Rating Agencies may reasonably require. The Trustee shall forward such report to the Certificateholders and the Rating Agencies on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Certificate Account pursuant to Section 6.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Seller, as appropriate, Seller pursuant to Section 5.01(a)(ivSections 6.03(c)(i), 6.03(c)(ii) and 6.07(b)(vi) (all reports prepared by the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number Trustee of Mortgage Loans such withdrawals and deposits will be based in each Group outstanding at whole or in part upon the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Date; (xxiv) The amount of Class Interest Carryover Shortfall relating to each Class of Class A Certificates and the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principal; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make such report available information provided to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer). To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report Servicer's Certificate and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may Trustee shall be entitled to rely upon the lattertelecopy. In the case of information furnished pursuant to subclauses (ii), (iii), (iv), (v), (x) and (ix) xii), above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each per $1,000 original dollar amount as of the Cut-Off Date. Additionally, on the Special Remittance Date the Trustee shall, based upon information received from the Servicer, forward to the Certificateholders and the Rating Agencies a report setting forth the amount of principal and interest, if any, being paid to each Class of Certificates on the Special Remittance Date. (a) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Certificateholder such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (vi), (x), and (xiv), above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. (b) Upon reasonable advance notice in writing, the Servicer will provide to each Certificateholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the SBA Loans sufficient to permit such Certificateholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Certificates. (c) The Servicer shall furnish to each Certificateholder, 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 as the Certificateholder may reasonably require; provided, that the Servicer shall be entitled to be reimbursed by such Certificateholder for the Servicer's actual expenses incurred in providing such reports if such reports are not producible in the ordinary course of the Servicer's business. The Rating Agencies shall receive copies of any such reports or information furnished to the Certificateholders.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Money Store Sba Loan Backed Adj Rak Cert Series 1997-I)

Statements. Not Each month, not later than 12:00 noon California New York time on the fourth Business Day following the last day of a Due PeriodDetermination Date, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination Date, the Trustee shall deliver to the Servicer, the Depositor and to the Certificate InsurerIndenture Trustee, by telecopy, for distribution to the Noteholders, the receipt and legibility of which shall be confirmed telephonically, with a hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit L (both in hard copy and in computer tape form) to be delivered on the succeeding Distribution Business Day following the Determination Date, a statement certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the “Trustee’s Remittance Report”) containing date (day, month and year), the information set forth below (to Series number of the extent any such information to be delivered by Notes, the Servicer pursuant to the first sentence date of this Section 5.01(a) has been so delivered) with respect to Agreement, and, as of the close of business on the Record Date for such Distribution Datemonth: (i) The Group 1 and Group 2 Available Funds and each Certificate Rate for the related Distribution Remittance Date; (ii) The Class Principal Balance of each Class of Aggregate Class A Certificates and Note Principal Balance, the Notional Balance of each Aggregate Class of M-1 Note Principal Balance, the Aggregate Class A-IO Certificates M-2 Note Principal Balance, and the Aggregate Class B Note Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report Servicer's Certificate pursuant to subclause (xiixi) below, or, in the case of the first Determination Date, the Original Class Certificate Balance of each A, Class of M-1, Class A Certificates M-2, and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date B Note Principal Balance of the Mortgage Loans in each GroupBalance; (iii) The number and Principal Balances of all Mortgage Business Loans and of the Mortgage Loans in each Group, that which were the subject of Principal Prepayments during the Due Period and the number and Principal Balances of all Defaulted Business Loans purchased by the Servicer during the Due Period; (iv) The amount of all Curtailments in each Group that which were received during the Due Period; (v) The principal portion amount of all Excess Payments and the amount of all Monthly Payments for each Group in respect of principal received during the Due Period; (vi) The aggregate amount of interest received on the Mortgage Loans in each GroupBusiness Loans; (vii) The amount of the Monthly Advances to be made on the Determination Date and the Compensating Interest payment to be made on the Determination Date for each GroupDate; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit LK; (ix) The Remittance Amount Interest Distribution Amounts and Principal Distribution Amounts for each Class of Class A and Class A-IO Certificates for the Distribution Remittance Date with the components thereof stated separately; (x) The amount available in the Spread Account as of the Insured Amounts for each Grouprelated Record Date in cash and from liquidation of Permitted Instruments and the amount, if any, to be paid on transferred from the Spread Account to the Note Distribution DateAccount pursuant to Section 5.02(b)(i); (xi) The amount to be distributed to the Aggregate Class R Certificateholders for the Distribution Date; (xii) The A Note Principal Balance, Aggregate Class M-1 Note Principal Balance, Aggregate Class M-2 Note Principal Balance of each and Aggregate Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate B Note Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Remittance Date; (xii) The weighted average maturity and weighted average Business Loan Interest Rate; (xiii) The weighted average remaining term Servicing Fees and amounts to maturity of be deposited to the Mortgage Loans in each Group and the weighted average Loan Rate in each GroupExpense Account; (xiv) The Servicing Fee for each Group amount of all payments and the amount to be paid reimbursements to the Certificate Insurer pursuant to Section 5.01Servicer; (xv) The amount of all payments or reimbursements Class A, Class M-1, Class M-2 and Class B Remittance Rates with respect to the Servicer pursuant to Section 3.03such Remittance Date; (xvi) The Pool Factor for each Group determined using During the balances Funding Period, the aggregate Principal Balance of the Subsequent Business Loans purchased during the prior Due Period and the amount on deposit in subclause (ii) abovethe Pre-Funding Account as of the end of such Due Period; (xvii) The amount, if any, transferred from the Simple Net Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Date; (xxiv) The amount of Class Interest Carryover Shortfall relating to each Class of Class A Certificates and the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principal; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make such report available to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee may fully rely upon and shall have no liability Cap with respect to information provided by the Servicer. To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may rely upon the latter. In the case of information furnished pursuant to subclauses (ii) and (ix) 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.;

Appears in 1 contract

Sources: Sale and Servicing Agreement (First International Bancorp Inc)

Statements. (a) Not later than 12:00 noon California a.m. New York time on the fourth day that is two Business Day following the last day of a Due PeriodDays before each Distribution Date, the Servicer shall Trust Administrator will deliver to the Trustee a computer tape containing (by hard copy) and the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination Date, the Trustee shall deliver to the Master Servicer, the Depositor and the Seller (by electronic transmission) in the format specified in Exhibit K (unless otherwise agreed to by the Certificate Insurer, by telecopyparties hereto), with a hard copy thereof to be delivered on the succeeding such Distribution Date, a statement (the “Trustee’s "Remittance Report") (based solely on the computer or electronic Servicing Certificate for such Distribution Date provided pursuant to Section 4.1) containing the information set forth below (to the extent any such information to be delivered by the Servicer pursuant to the first sentence of this Section 5.01(a) has been so delivered) with respect to such Distribution Date: (i) The the aggregate amount of the distribution to each Class of Certificateholders on such Distribution Date in respect of the Group 1 and Certificates or the Group 2 Available Funds and each Certificate Rate Certificates, as applicable; (ii) the amount of distribution set forth in paragraph (i) above in respect of interest in respect of the Group 1 Certificates or the Group 2 Certificates, as applicable; (iii) the amount of distribution set forth in paragraph (i) above in respect of principal in respect of the Group 1 Certificates or the Group 2 Certificates, as applicable; (iv) the Pool Distribution Amount for such Distribution Date in respect of the Group 1 Certificates or the Group 2 Certificates, as applicable; (v) for the related applicable Group of Certificates: any Class A Interest Shortfall Amount or Class B Interest Shortfall Amount arising with respect to each Class or any Class M Interest Shortfall Amount on such Distribution Date, any remaining unpaid Class A Interest Shortfall Amount or Class B Interest Shortfall Amount with respect to each Class, or any remaining unpaid Class M Interest Shortfall Amount, after giving effect to such distribution and any Non-Supported Interest Shortfall or the interest portion of Realized Losses allocable to such Class with respect to such Distribution Date; (iivi) The Class Principal Balance of each Class of Class A Certificates for the applicable Pool: the Adjusted Pool Amount, the Adjusted Pool Amount (PO Portion), if applicable, and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Pool Scheduled Principal Balance of the Mortgage Loans in each such Pool and, for the Holders of Group as reported in the prior Trustee’s Remittance Report pursuant to subclause (xii) below, or, in the case of the first Determination Date1 Certificates, the Original Class Certificate Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date aggregate Scheduled Principal Balance of the Discount Pool 1 Mortgage Loans in each Group; (iii) The number and Principal Balances of all Mortgage Loans and of the Mortgage Loans in each Group, that were the subject of Principal Prepayments during the Due Period; (iv) The amount of all Curtailments in each Group that were received during the Due Period; (v) The principal portion of all Monthly Payments for each Group received during the Due Period; (vi) The amount of interest received on the Mortgage Loans in each Group; (vii) The amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date for each Group; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xi) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Date; (xiii) The weighted average remaining term to maturity of the Mortgage Loans in each Group and the weighted average Loan Rate in each Group; (xiv) The Servicing Fee for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01; (xv) The amount of all payments or reimbursements to the Servicer pursuant to Section 3.03; (xvi) The Pool Factor for each Group determined using the balances in subclause (ii) above; (xvii) The amount, if any, transferred from the Simple Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Date; (xxivvii) The amount for the applicable Group of Certificates: the Class Interest Carryover Shortfall relating to A Percentage, Class M Percentage and Class B Percentage of each Class of Class A B Certificates for the following Distribution Date (without giving effect to Unscheduled Principal Receipts for the related Pool 125 132 received after the applicable Collection Period for the current Distribution Date that are applied during such Collection Period); (viii) for the Holders of Group 1 Certificates, the Class 1A-PO Deferred Amount; (ix) the aggregate Master Servicing Fee, Subservicing Fee, Trust Administration Fee and Trustee Fee for the applicable Pool; (x) the Aggregate Loan Balance, as of the close of business on the last day of the preceding Collection Period in respect of the Pool 1 Mortgage Loans or the Pool 2 Mortgage Loans, as applicable; (xi) the Class Principal Balance for each Class after giving effect to payments allocated to principal above in respect of the Group 1 Certificates or the Group 2 Certificates, as applicable; (xii) the number and aggregate Loan Balances of the Mortgage Loans as to which the scheduled monthly payment is delinquent for 30-59 days, 60-89 days and 90 or more days, respectively, as of the end of the Collection Period in respect of the Pool 1 Mortgage Loans or the Pool 2 Mortgage Loans, as applicable; (xiii) the book value of any real estate which is acquired by the Trust through foreclosure or grant of deed in lieu of foreclosure in respect of the Pool 1 Mortgage Loans or the Pool 2 Mortgage Loans, as applicable; (xiv) the aggregate amount of Prepayments received on the Mortgage Loans during the previous Collection Period in respect of the Pool 1 Mortgage Loans or the Pool 2 Mortgage Loans, as applicable; (xv) the aggregate amount of scheduled principal payments received on the Mortgage Loans during the previous Collection Period in respect of the Pool 1 Mortgage Loans or the Pool 2 Mortgage Loans, as applicable; (xvi) the weighted average maturity of the Mortgage Loans as of the first day of the month prior to the Distribution Date in respect of the Pool 1 Mortgage Loans or the Pool 2 Mortgage Loans, as applicable; (xvii) the weighted average Loan Rate on the Mortgage Loans as of the first day of the month prior to the Distribution Date in respect of the Pool 1 Mortgage Loans or the Pool 2 Mortgage Loans, as applicable; (xviii) the aggregate amount of Realized Losses related to such Collection Period in respect of the Pool 1 Mortgage Loans or the Pool 2 Mortgage Loans, as applicable; 126 133 (xix) the Aggregate Loan Balance and the Class A-IO Weighted Average Loan Rate, in respect of the Pool 1 Mortgage Loans or the Pool 2 Mortgage Loans, as applicable; (xx) for Holders of Group 1 Certificates, separately stating the amount that is allocable to each such Notional Amount of the Class and the amount allocable to interest and principal1A-WIO Certificates; and (xxvxxi) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred for the Holders of Group 1 Certificates, the Certificate Rate for the Class 1A-11 and specifying Class 1A-12 Certificates and the details thereofapplicable LIBOR. The Trustee shall make forward such report available to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) Certificateholders on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee may fully rely upon the information contained in each Remittance Report and shall have no liability with respect to information provided by the ServicerMaster Servicer or the Trust Administrator. The Trustee shall not be obligated to verify, recompute, reconcile or recalculate any information contained in any Remittance Report. To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Master Servicer may rely upon the latter. In the case of information furnished pursuant to subclauses subclause (ii) and (ixi) 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 Trust Administrator shall furnish to each Person who at any time during the calendar year was a Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ii) and (iii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trust Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the 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 shall forward to the Residual Certificateholders a copy of the reports forwarded to any other Certificateholders in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Residual 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 Trust Administrator shall deliver to 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 Trust Administrator shall be deemed to have been satisfied to the extent that substantially comparable 127 134 information shall be prepared and furnished to Certificateholders by the Trust Administrator pursuant to any requirements of the Code as from time to time in force. (e) The Master Servicer and the Trust Administrator shall furnish to 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 Master Servicer and the Trust Administrator 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 tapes furnished by the Master Servicer pursuant to this Agreement shall be deemed confidential and of a proprietary nature, and shall not be copied or distributed except to the extent provided in this Agreement and to the extent required by law, and to the extent the Seller instructs the Trust Administrator in acting to furnish information regarding the Trust or the Mortgage Loans to third-party information providers. No Person entitled to receive copies of such reports or tapes or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (First Union Residential Securitization Transactions Inc)

Statements. Not Each month for so long as a Class of Auction Rate Certificates is Outstanding, not later than 12:00 noon California New York time on the fourth Business Day following the last day of a Due PeriodAuction Reporting Date, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination Date, the Trustee shall deliver to the Servicer, the Depositor and to the Certificate InsurerTrustee, by telecopy, the receipt and legibility of which shall be confirmed telephonically, with a hard copy thereof to be delivered on the succeeding Distribution Business Day following the Determination Date, a statement certificate signed by a Servicing Officer stating the date (day, month and year), the “Trustee’s Series number of the Certificates, the date of this Agreement, and the amount to be distributed on the upcoming Remittance Report”) containing Date to each Class of Auction Rate Certificates as a payment of principal. Each month, not later than 12:00 noon New York time on the information set forth below (Determination Date, the Servicer shall deliver to the extent any such information Certificate Insurer and to the Trustee, by telecopy, for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit R (both in hard copy and in computer tape form) to be delivered on the Business Day following the Determination Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the Servicer pursuant to date (day, month and year), the first sentence Series number of the Certificates, the date of this Section 5.01(a) has been so delivered) with respect to such Distribution DateAgreement, and the following: (i) The Group 1 and Group 2 the Pool Available Funds and Remittance Amounts for each Certificate Rate Pool for the related Distribution Remittance Date; (ii) The the Class Principal Balance of Balances for each Class of Class A Pool I, Pool II, Pool III and Pool IV Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report Servicer's Certificate pursuant to subclause (xiixv) below, or, in the case of the first Determination Date, the Original Class Certificate Principal Balance of for each Class of Class A Certificates Pool I, Pool II, Pool III and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of the Mortgage Loans in each GroupPool IV Certificates; (iii) The the Pool Principal Distribution Amounts for each Pool for the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Pool I, Pool II, Pool III and Pool IV Certificates; (iv) the total amount of any Insured Payments included in the Pool Available Remittance Amount for Pool I or Pool IV for the related Remittance Date; (v) the Subordinated Amount and Specified Subordinated Amount for the related Remittance Date, listed separately for each Pool and the Pool Available Maximum Subordinated Amount for Pool II and Pool III; (vi) the number and Principal Balances of all Mortgage Loans and of the Mortgage Loans in each Group, that Pool which were the subject of Principal Prepayments during the Due Period; (ivvii) The the amount of all Curtailments in each Group that which were received during the Due Period, stated separately for each Pool; (vviii) The principal portion the aggregate amount of all Excess Payments and the amounts of Monthly Payments for each Group in respect of principal received during the Due Period, stated separately for each Pool; (viix) The the amount of interest received on the Mortgage Loans in Loans, stated separately for each GroupPool; (viix) The the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Certificate Accounts pursuant to Section 6.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date Date, in each case stated separately for each GroupPool; (viiixi) The the delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount O, stated separately for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xi) The amount to be distributed to the Class R Certificateholders for the Distribution DatePool; (xii) The the amount of any Realized Losses incurred during the related Due Period, stated separately for each Pool; (xiii) the Pool Remittance Amounts for Pool I and Pool IV and the Class Current Interest Requirement and the Pool Principal Distribution Amount for Pool II and Pool III for the Remittance Date, in the aggregate and by component and listed separately for the portions relating to each Class of Certificates in the related Pool, any Interest Shortfall Carryforward Amount relating to each Class of Certificates and, with respect to the Auction Rate Certificates, the amount otherwise required to be distributed thereon with respect to principal and retained in the Certificate Account for Pool II pursuant to Section 6.08(f); (xiv) the Reimbursable Amounts, the Pool I and Pool II Strip Amounts and the Class X Remittance Amount payable pursuant to Section 6.08(d)(X)(v), Section 6.08(d)(Y)(xviii) and Section 6.08(d)(Z)(xviii) with respect to the Remittance Date; (xv) the Class Principal Balance of for each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Pool Principal Balance of for each Group, each Pool after giving effect to the distribution to be made on the Distribution Remittance Date and after allocation of Realized Losses made on such Remittance Date; (xiiixvi) The weighted average remaining term to maturity of the Mortgage Loans Monthly Excess Spread Percentage, the Excess Spread, and the Remainder Excess Spread Amount (in each Group case, in the aggregate and stated separately for each Pool); (xvii) the Cumulative Realized Losses, stated separately for each Pool, with respect to the Remittance Date; (xviii) the weighted average Loan Rate in maturity and weighted average Interest Rate, stated separately for each GroupPool; (xivxix) The the Servicing Fee Fees, the Contingency Fees, the Auction Agent Fees and amounts to be deposited to the Expense Accounts, the Insurance Accounts and the FHA Premium Account, in each case, as applicable, stated separately for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01Pool; (xvxx) The the amount of all payments or and reimbursements to the Servicer pursuant to Section 3.035.04(b), (c), (d)(ii), (e) and (f)(i), stated separately with respect to each Pool; (xvixxi) The the Class Pool Factor for each Group Class determined using the balances in subclause (iixv) above; (xviixxii) The amountthe weighted average Mortgage Interest Rate and Adjusted Mortgage Interest Rate of the Mortgage Loans for each Pool and the weighted average Class Adjusted Loan Remittance Rates for each Pool, in each case for the related Remittance Date, and the weighted average Mortgage Interest Rate for the prior three month period; (xxiii) the Class AV, Class MV-1, Class MV-2 and Class BV Remittance Rates with respect to the Remittance Date and if any of the Class AV, Class MV-1, Class MV-2 and Class BV Remittance Rates was based on the applicable Net Funds Cap for the related Pool, what it would have been if based on LIBOR plus the applicable Margin or the Auction Rate, as the case may be; (xxiv) the rate of LIBOR and the Auction Rate with respect to the Remittance Date; (xxv) the Net Funds Cap for each Class of Pool II Certificates with respect to the Remittance Date; (xxvi) if the Remittance Rate for Class of Pool II Certificates for such Remittance Date is based on the Net Funds Cap, the amount of any Certificateholders' Interest Carryover for such Class for such Remittance Date; (xxvii) the amount of the distribution, if any, transferred allocable to Certificateholders' Interest Carryover and the amount of any Certificateholders' Interest Carryover for all prior Remittance Dates after giving effect to such distribution (in each case, stated separately by Class and in the aggregate); (xxviii) whether the Trigger Event for Pool II and Pool III and the S&P Trigger and the Pool II Cumulative Loss Trigger for Pool II is in effect; (xxix) the Senior Percentage and the Class B Percentage for the current Remittance Date; (xxx) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class of Pool II and Pool III Certificates as of the close of such Remittance Date; (xxxi) the Accelerated Principal Distribution Amount for Pool II and Pool III for such Remittance Date; (xxxii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer and/or the Certificate Insurer from the Simple Interest Excess Account to the Distribution FHA Premium Account pursuant to Section 5.03 6.06(b)(i); (xxxiii) The amount of FHA Payments and from Related Payments received during the Spread Account related Due Period; (xxxiv) The Reserve Amount for the related Remittance Date; (xxxv) Claims filed during the Due Period; (xxxvi) Claims paid during the Due Period; (xxxvii) Claims denied by the FHA during the Due Period; (xxxviii) Claims pending payment by the FHA during the Due Period; and (xxxix) Such other information as the Certificate Insurer and the Certificateholders may reasonably require. The Trustee shall forward such report to the Distribution Certificateholders and, with respect to the report on the Pool I and Pool IV Mortgage Loans, to the Certificate Insurer on the Remittance Date, together with a separate report indicating the amount of funds deposited in each Certificate Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess 6.01(a)(iv); and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the SellerRepresentative, as appropriate, pursuant to Section 5.01(a)(ivSections 6.03(c)(i), 6.03(c)(ii), 6.04(b)(iv), 6.08(d)(X)(iii), 6.08(d)(Y) and 6.08(d)(Z) (all reports prepared by the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number Trustee of Mortgage Loans such withdrawals and deposits will be based in each Group outstanding at whole or in part upon the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Date; (xxiv) The amount of Class Interest Carryover Shortfall relating to each Class of Class A Certificates and the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principal; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make such report available information provided to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on or the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the ServicerClaims Administrator). To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report Servicer's Certificate and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may Trustee shall be entitled to rely upon the lattertelecopy. In the discretion of the Servicer, in the case of certain information furnished pursuant to subclauses (ii) and (ix) abovethe above provisions, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each per $1,000 (or, in the case of the Auction Rate Certificates, per $25,000) original dollar amount as of the Cut-Off Date. Additionally, on the Special Remittance Date the Trustee shall, based upon information received from the Servicer, forward to the Certificateholders and the Rating Agencies, a report setting forth the amount of principal and interest, if any, being paid to each Class of Certificates on the Special Remittance Date, and to the Certificate Insurer, a report setting forth such information only with respect to the Pool I and Pool IV Certificates. (a) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Certificateholder the amount of interest and principal distributed with respect to each Class of Certificates plus such other customary information as the Servicer determines to be necessary and/or required by the Internal Revenue Service to enable the Certificateholders to prepare their tax returns for such calendar year. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. (b) On each Remittance Date and the Special Remittance Date, the Trustee shall forward to the Class X and Class R Certificateholders a copy of the report forwarded to the Certificateholders of each Pool in respect of such Remittance Date or the Special Remittance Date, as the case may be, and a statement setting forth the amounts actually distributed to the Class X and Class R Certificateholders, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriate. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class X or Class R Certificateholder such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class X or R Certificateholder, as applicable. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Certificateholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Mortgage Loans sufficient to permit such Certificateholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Certificates. (e) The Servicer shall furnish to each Certificateholder and the Certificate Insurer, 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 the Certificate Insurer, 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 as the Certificateholder or the Certificate Insurer may reasonably require; provided, that the Servicer shall be entitled to be reimbursed by such Certificateholder or the Certificate Insurer for the Servicer's actual expenses incurred in providing such reports if such reports are not producible in the ordinary course of the Servicer's business.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (TMS Mortgage Inc)

Statements. Not later than 12:00 noon California time on the fourth Business Day following the last day of a Due Period, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to (a) On each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination Distribution Date, the Trustee shall deliver based, as applicable, on information provided to it by the Servicer, the Depositor Certificate Administrator shall prepare and make available to each Holder of the Certificate InsurerRegular Certificates, by telecopy, with a hard copy thereof to be delivered on the succeeding Distribution DateServicer and the Rating Agencies, a statement (the “Trustee’s Remittance Report”) containing the information set forth below (as to the extent any such information to be delivered by the Servicer pursuant to the first sentence of this Section 5.01(a) has been so delivered) with respect to distributions made on such Distribution Date: (i) The Group 1 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 Group 2 Available Funds and each Certificate Rate for the related Distribution Dateamount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges; (ii) The Class Principal Balance the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report pursuant P Certificates) allocable to subclause (xii) belowinterest, or, in the case of the first Determination Date, the Original Class Certificate Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of the Mortgage Loans in each Groupseparately identified; (iii) The number and Principal Balances of all Mortgage Loans and of the Mortgage Loans in each Group, that were the subject of Principal Prepayments during the Due Period; (iv) The amount of all Curtailments in each Group that were received during the Due Period; (v) The principal portion of all Monthly Payments for each Group received during the Due Period; (vi) The amount of interest received on the Mortgage Loans in each Group; (vii) The amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date for each Group; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xi) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Principal Pool Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Date; (xiii) The weighted average remaining term to maturity of the Mortgage Loans in each Group and the weighted average Loan Rate in each Group; (xiv) The Servicing Fee for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01; (xv) The amount of all payments or reimbursements to the Servicer pursuant to Section 3.03; (xvi) The Pool Factor for each Group determined using the balances in subclause (ii) above; (xvii) The amount, if any, transferred from the Simple Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and Close of Business at the end of the related Due Period; (xxiiv) The amount on deposit in each sub-account the number, aggregate principal balance, and weighted average Mortgage Rate of the Spread Account after Mortgage Loans as of the Distribution Daterelated Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment Period; (xxiiv) The amount the number and aggregate unpaid principal balance of losses experienced on the Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in each Group 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 (C) REO Properties; (vi) the aggregate amount of Principal Prepayments made during the preceding Due related Prepayment Period; (vii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative losses for the Mortgage Loans in each Group as a percentage amount of the related Cut-Off Date Principal BalanceRealized Losses; (xxiiiviii) The the Certificate Principal Balance of the Class A-2 Available Funds CarryforwardA-1 Certificates, if anythe Mezzanine Certificates and the Class O Certificates, after giving effect to all the distributions made on such Distribution Date; (xxivix) The amount of the Unpaid Interest Shortfall Amount, if any, with respect to the Class Interest Carryover Shortfall relating to each Class of Class A A-1 Certificates, the Mezzanine Certificates and the Class A-IO AIO Certificates for such Distribution Date; (x) 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 3.25; (xi) the Credit Enhancement Percentage for such Distribution Date; (xii) the Available Funds Cap Carryforward Amount for the Class A-1 Certificates and the Mezzanine Certificates, separately stating the amount that is allocable to each if any, for such Class Distribution Date and the amount allocable to interest and principal; andremaining unpaid after reimbursements therefor on such Distribution Date; (xxvxiii) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make such report available respective REMIC Pass-Through Rates applicable to the ServicerClass A-1 Certificates, the Depositor, Mezzanine Certificates and the Certificateholders, Class AIO Certificates for such Distribution Date and the Certificate Insurer, REMIC Pass-Through Rate applicable to the Rating Agencies Class A-1 Certificates and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Mezzanine Certificates for the immediately succeeding Distribution Date. Assistance in using ; (xiv) the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with Supplemental Interest Payment for each Class on such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer. To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may rely upon the latter. ; In the case of information furnished pursuant to subclauses (iii) and (ixii) 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 CutClosing Date. The Certificate Administrator may, in the absence of manifest error, conclusively rely upon the Determination Date Report of the Servicer in its preparation of the statement to Certificateholders pursuant to this Section 4.03. The Trustee 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 the Agreement via the Trustee's internet website. The Trustee's internet website shall initially be located at "▇▇▇.▇▇▇▇▇▇▇.▇▇▇". Assistance in using the website can --------------- be obtained by calling the Trustee's customer service desk at (▇▇▇) ▇▇▇-Off ▇▇▇▇. Parties that are unable to use the above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way 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 above parties regarding any such changes. (b) Within a reasonable period of time after the end of each calendar year, the Certificate Administrator shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and (ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Certificate Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Certificate Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Certificate Administrator shall forward to 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 Certificate Administrator deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Certificate Administrator shall deliver to 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 Certificate Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Certificate Administrator pursuant to any requirements of the Code as from time to time in force. (e) In the event that the Certificate Administrator is not the Trustee, no later than noon on the Business Day prior to each Distribution Date, the Certificate Administrator shall forward, by facsimile transmission, the statement prepared pursuant to paragraph (a) of this Section 4.03, together with all other information reasonably necessary to make the distributions pursuant to Section 4.01 of this Agreement, to the Trustee. On each Distribution Date, the Trustee shall make available the information contained in the Distribution Date statement available to Certificateholders and other parties to the Agreement, in accordance with paragraph (a) of this Section 4.03. Neither the Trustee nor the Certificate Administrator shall have any responsibility to (i) verify information provided by the Servicer to be included in such statement or (ii) include any information required to be included in such statement if the Servicer has failed to timely produce such information to the Certificate Administrator, as required pursuant hereto.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Novastar Mortgage Funding Trust Series 2001-1)

Statements. Not Each month for so long as a Class of Auction Rate Certificates is Outstanding, not later than 12:00 noon California New York time on the fourth Business Day following the last day of a Due PeriodAuction Reporting Date, the Servicer shall deliver to the Trustee a computer tape containing Certificate Insurer and the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination Date, the Trustee shall deliver to the Servicer, the Depositor and to the Certificate InsurerTrustee, by telecopy, the receipt and legibility of which shall be confirmed telephonically, with a hard copy thereof to be delivered on the succeeding Distribution Business Day following the Determination Date, a statement certificate signed by a Servicing Officer stating the date (day, month and year), the “Trustee’s Series number of the Certificates, the date of this Agreement, and the amount to be distributed on the upcoming Remittance Report”) containing Date to each Class of Auction Rate Certificates as a payment of principal. Each month, not later than 12:00 noon New York time on the information set forth below (Determination Date, the Servicer shall deliver to the extent any such information Certificate Insurer and to the Trustee, by telecopy, for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit R (both in hard copy and in computer tape form) to be delivered on the Business Day following the Determination Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the Servicer pursuant to date (day, month and year), the first sentence Series number of the Certificates, the date of this Section 5.01(a) has been so delivered) with respect to such Distribution DateAgreement, and the following: (i) The Group 1 and Group 2 the Pool Available Funds and Remittance Amounts for each Certificate Rate Pool for the related Distribution Remittance Date; (ii) The the Class Principal Balance of Balances for each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report Servicer's Certificate pursuant to subclause (xiixv) below, or, in the case of the first Determination Date, the Original Class Certificate Principal Balance of for each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of the Mortgage Loans in each GroupCertificates; (iii) The the Pool Principal Distribution Amounts for each Pool for the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Class A Certificates; (iv) the total amount of any Insured Payments included in the Pool Available Remittance Amount for each Pool for the related Remittance Date; (v) the Subordinated Amount and Specified Subordinated Amount for the related Remittance Date, listed separately for each Pool; (vi) the number and Principal Balances of all Mortgage Loans and of the Mortgage Loans in each Group, that Pool which were the subject of Principal Prepayments during the Due Period; (ivvii) The the amount of all Curtailments in each Group that which were received during the Due Period, stated separately for each Pool; (vviii) The principal portion the aggregate amount of all Excess Payments and the amounts of Monthly Payments for each Group in respect of principal received during the Due Period, stated separately for each Pool; (viix) The the amount of interest received on the Mortgage Loans in Loans, stated separately for each GroupPool; (viix) The the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Certificate Accounts pursuant to Section 6.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date Date, in each case stated separately for each GroupPool; (viiixi) The the delinquency and foreclosure information set forth in the form attached hereto as Exhibit LO, stated separately for each Pool; (ixxii) The the amount of any Realized Losses incurred during the related Due Period, stated separately for each Pool; (xiii) the Pool Remittance Amount Amounts for each Pool for the Remittance Date, in the aggregate and by component and listed separately for the portions relating to each Class of Class A Certificates in the related Pool and, with respect to the Auction Rate Certificates, the amount otherwise required to be distributed thereon with respect to principal and Class A-IO Certificates retained in the Certificate Account for the Distribution Date with the components thereof stated separatelyPool II pursuant to Section 6.08(f); (xxiv) The amount of the Insured Reimbursable Amounts for each Group, if any, and the Class X Remittance Amount payable pursuant to be paid on the Distribution Date; Section 6.08(d)(iii) and (xiv) The amount to be distributed with respect to the Class R Certificateholders for Remittance Date; (xv) the Distribution Date; (xii) The Class Principal Balance of for each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Pool Principal Balance of for each Group, each Pool after giving effect to the distribution to be made on the Distribution Remittance Date and after allocation of Realized Losses made on such Remittance Date; (xiii) The weighted average remaining term to maturity of the Mortgage Loans in each Group and the weighted average Loan Rate in each Group; (xiv) The Servicing Fee for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01; (xv) The amount of all payments or reimbursements to the Servicer pursuant to Section 3.03; (xvi) The Pool Factor for each Group determined using the balances in subclause (ii) above; (xvii) The amount, if any, transferred from the Simple Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Date; (xxiv) The amount of Class Interest Carryover Shortfall relating to each Class of Class A Certificates and the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principal; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make such report available to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer. To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may rely upon the latter. In the case of information furnished pursuant to subclauses (ii) and (ix) 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.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Money Store Home Equity Corp)

Statements. Not (a) No later than 12:00 noon California time on the fourth second Business Day following the last day of a Due Periodpreceding each Distribution Date, the Master Servicer shall deliver prepare and make available to the Securities Administrator and the Trustee a computer tape containing the information set forth on Exhibit D statement as to such distribution (the “Distribution Date Statement”), based substantially on information provided by the Servicers in the related Remittance Reports, and on each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination Distribution Date, the Trustee shall deliver to the Servicer, the Depositor and to the Certificate Insurer, by telecopy, with a hard copy thereof to be delivered on the succeeding Distribution Date, a statement (the “Trustee’s Remittance Report”) containing the information set forth below (to the extent any such information to be delivered by the Servicer pursuant to the first sentence of this Section 5.01(a) has been so delivered) with respect to such Distribution Date: (i) The Group 1 and Group 2 Available Funds and each Certificate Rate for the related Distribution Date; (ii) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report pursuant to subclause (xii) below, or, in the case of the first Determination Date, the Original Class Certificate Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of the Mortgage Loans in each Group; (iii) The number and Principal Balances of all Mortgage Loans and of the Mortgage Loans in each Group, that were the subject of Principal Prepayments during the Due Period; (iv) The amount of all Curtailments in each Group that were received during the Due Period; (v) The principal portion of all Monthly Payments for each Group received during the Due Period; (vi) The amount of interest received on the Mortgage Loans in each Group; (vii) The amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date for each Group; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xi) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Date; (xiii) The weighted average remaining term to maturity of the Mortgage Loans in each Group and the weighted average Loan Rate in each Group; (xiv) The Servicing Fee for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01; (xv) The amount of all payments or reimbursements to the Servicer pursuant to Section 3.03; (xvi) The Pool Factor for each Group determined using the balances in subclause (ii) above; (xvii) The amount, if any, transferred from the Simple Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Date; (xxiv) The amount of Class Interest Carryover Shortfall relating to each Class of Class A Certificates and the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principal; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall Securities Administrator will make such report statement available to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇ to the Trustee, the Depositor and each Certificateholder, setting forth: (i) the aggregate amount on deposit in the Certificate Account on such Distribution Date; (ii) the Accrued Certificate Interest, Unpaid Interest Amount, if any, the Basis Risk Carry Forward Amount, if any, and the Principal Distribution Amount, with respect to each Class individually, all Classes of the Class A Certificates in the aggregate, all Classes of Class M Certificates in the aggregate and all Classes of Class B Certificates in the aggregate; (iii) the Pass-Through Rate for each Class of Certificates applicable to the related Accrual Period and LIBOR applicable to the Certificates with respect to such Distribution Date; (iv) [Reserved]; (v) the Certificate Balance of each Class of Offered Certificates, the aggregate amount of the interest and principal of each Class of Offered Certificates to be paid on such Distribution Date and the remaining Certificate Balance of each Class of Offered Certificates following any such payment; (vi) the amount, if any, of any Realized Losses for the related Due Period in the aggregate, the amount of Applied Realized Loss Amounts to each Class of Offered Certificates on such Distribution Date and the amount of Cumulative Realized Losses as of the last day of the related Due Period; (vii) [Reserved]; (viii) the amount of the distribution with respect to each Class of Offered Certificates (based on a Certificate in the original principal amount of $1,000); (ix) the amount of such distribution allocable to principal of the Mortgage Loans, separately identifying the aggregate amount of any Principal Prepayments, Loan Purchase Price amounts or other recoveries of principal included therein; (x) the amount of such distribution allocable to interest on the related Mortgage Loans (based on a Certificate in the original principal amount of $1,000); (xi) the principal amount, if any, of each Class of the Offered Certificates (based on a Certificate in the original principal amount of $1,000) which will be outstanding after giving effect to any payment of principal on such Distribution Date. Assistance ; (xii) the aggregate Pool Balance of all Mortgage Loans, as of the last day of the related Due Period; (xiii) based upon information furnished by the Depositor such information as may be required by Section 6049(d)(7)(C) of the Code to assist the Certificateholders in using computing their market discount; (xiv) the website can be obtained weighted average interest rate of the Mortgage Loans; (xv) the weighted average remaining term of the Mortgage Loans; (xvi) the number and principal amounts of the Mortgage Loans that were 60 days or more Delinquent for each of the preceding three months as of the close of business on the last Business Day of the calendar month next preceding the Distribution Date; (xvii) such other information as the Depositor may reasonably request with respect to Mortgage Loans that are Delinquent; (xviii) the Principal Balance of the largest Mortgage Loans outstanding; (xix) the number, aggregate Principal Balances and percentage of Mortgage Loans that are: (A) 30-59 days Delinquent, (B) 60-89 days Delinquent and (C) 90-119 days Delinquent, (D) 120-149 days Delinquent, (E) 150-179 days Delinquent and (F) 180 or more days Delinquent, as of the close of business on the last Business Day of the calendar month next preceding the Distribution Date and the aggregate number and aggregate Principal Balance of such Mortgage Loans; (a) the status, the number, and the Principal Balances of all Mortgage Loans that are in foreclosure proceedings as of the close of business on the last Business Day of the calendar month preceding such Distribution Date (b) the percentage of Mortgage Loans in foreclosure that are Foreclosure Restricted Mortgage Loans, (c) the percentage of REO Property acquired by calling the Trust in respect of Foreclosure Restricted Mortgage Loans as of the close of business on the last Business Day of the calendar month preceding such Distribution Date and (d) the number and the Principal Balances of all Mortgage Loans that are Foreclosure Restricted Mortgage Loans as of the close of business on the last Business Day of the calendar month preceding such Distribution Date; (xxi) the number of Mortgagors and the Principal Balances of the related Mortgages for all Bankruptcy Loans and whether such Mortgage Loans are (A) 30-59 days Delinquent, (B) 60-89 days Delinquent and (C) 90-119 days Delinquent, (D) 120-149 days Delinquent, (E) 150-179 days Delinquent and (F) 180 or more days Delinquent, as of the close of business on the last Business Day of the calendar month next preceding such Distribution Date; (xxii) the number of Mortgagors and the Principal Balances of the related Mortgages for all Mortgage Loans involved in foreclosure proceedings and whether such Mortgage Loans are (A) 30-59 days Delinquent, (B) 60-89 days Delinquent and (C) 90-119 days Delinquent, (D) 120-149 days Delinquent, (E) 150-179 days Delinquent and (F) 180 or more days Delinquent, as of the close of business on the last Business Day of the calendar month next preceding such Distribution Date; (xxiii) the existence and status of any Mortgaged Properties for all Mortgage Loans as to which title has been taken in the name of, or on behalf of the Trustee’s investor relations desk at , as of the close of business of the last Business Day of the month next preceding the Distribution Date; (▇▇▇xxiv) ▇▇▇-▇▇▇▇. Parties the book value of any real estate acquired through foreclosure or grant of a deed in lieu of foreclosure for all Mortgage Loans as of the close of business on the last Business Day of the calendar month next preceding the Distribution Date; (xxv) the number of Mortgage Loans; (xxvi) identifying the aggregate amount received from: a. Curtailments; b. voluntary payoffs; c. Involuntary Payoffs (the amount of Net Liquidation Proceeds applicable to the unpaid principal balance from the loan); and d. Mortgage Loans purchased from the Trust; as of the close of business on the last Business Day of the related Due Period; (xxvii) the number and Principal Balance of all Mortgage Loans that are unable subject to use loss mitigation as of the above distribution method close of business on the last Business Day of the calendar month next preceding the Distribution Date; (xxviii) the number and Principal Balance of Mortgage Loans that are entitled being contested because of Section 32 of the Truth in Lending Act; (xxix) the amount of current and cumulative Realized Losses (separately identifying principal and interest losses) from following resolution types: a. REO Property sold; b. short sale; c. deed in lieu; d. no equity second mortgages; and e. other; as of the close of business on the last Business Day of the related Due Period; (xxx) the number and Pool Balance with respect to have a paper copy mailed each product type of all Mortgage Loans that are Bankruptcy Loans, separately identifying: a. those Bankruptcy Loans that are currently meeting their payment plan; b. those Bankruptcy Loans that are 1 to them via first class mail 2 payments behind their payment plan; c. those Bankruptcy Loans that are 2 to 3 payments behind their payment plan; d. those Bankruptcy Loans that are greater than 3 payments behind their payment plan; e. those Bankruptcy Loans that are greater than 4 payments behind their payments; and f. those Bankruptcy Loans that are greater than 5 payments behind their payments; (xxxi) the calculations and results of calculations of each Stepdown Date test performed; (xxxii) [Reserved]; (xxxiii) the amount of any Class P Distributable Amount allocated to the Class P Certificates for that Distribution Date; and (xxxiv) any other information that the Depositor, the Trustee or the Master Servicer deems necessary. (b) The Securities Administrator shall report to the Depositor and each Certificateholder, with respect to the amount on deposit in the Certificate Account and the identity of the investments included therein, as the Depositor may from time to time reasonably request. Without limiting the generality of the foregoing, the Securities Administrator shall, at the request of the Depositor transmit promptly to the Depositor copies of all accounting of receipts in respect of the Mortgage Loans furnished to it by calling the investor relations desk Master Servicer and indicating suchshall notify the Depositor if any Remittance Amount has not been received by the Securities Administrator when due. (c) The Securities Administrator shall report to the Depositor and each Certificateholder with respect to any written notices it may from time to time receive which provide an Authorized Officer with actual knowledge that certain of the statements set forth in this Agreement are inaccurate. (d) To the extent received from the Servicers, the Master Servicer shall make the information in each Remittance Report available to the Depositor, the Securities Administrator, the Trustee and any Certificateholder upon written request therefor. In addition, together with such reportupon written request from the Depositor, the Securities Administrator, the Trustee or a Certificateholder (such party, the “Requesting Party”), the Master Servicer shall forward use commercially reasonable efforts to Bloomberg obtain from the Servicers and subsequently provide to the Requesting Party, any other reports or information that may be obtained by the Master Servicer from any Servicer pursuant to the related Sale and Servicing Agreement; provided, however, that if the Master Servicer incurs costs pursuant to a copy Sale and Servicing Agreement with respect to any particular request, the Master Servicer shall be entitled to reimbursement from the Requesting Party for such costs, together with any other reasonable costs incurred by it for obtaining or delivering the reports or information specified by such request. Unless otherwise instructed by the Depositor, if permitted pursuant to a Sale and Servicing Agreement, the Master Servicer shall request, on an annual basis beginning one year after the Closing Date, copies of the computer tape delivered Servicer’s internal quality control reports (it being understood that the Master Servicer shall have no responsibility for, or be deemed to have, constructive notice of any information contained therein or determinable therefrom). Neither the Master Servicer nor the Securities Administrator shall be under any duty to recalculate, verify or recompute the information provided to it under any Sale and Servicing Agreement by the applicable Servicer. (e) Notwithstanding anything to the contrary herein, if the Master Servicer receives a request from a Servicer in accordance with the related Servicing Agreement for the adjusted tax basis of certain Foreclosure Restricted Mortgage Loans (as such term is defined in the related Servicing Agreement)) serviced by such Servicer and the adjusted tax basis of all Mortgage Loans serviced by such Servicer, then the Master Servicer shall promptly notify the Securities Administrator of such request. Upon notification of such request from the Master Servicer, the Securities Administrator shall promptly provide such information requested by the Servicer on to the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Master Servicer. To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report , and the hard copy issued upon request (pursuant Master Servicer shall provide such requested information to the preceding paragraph) thereof, related Servicer in accordance with the Servicer may rely upon the latter. In the case of information furnished pursuant to subclauses (ii) and (ix) 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 Daterelated Servicing Agreement.

Appears in 1 contract

Sources: Master Servicing and Trust Agreement (Gs Mortgage Securities Corp Gsamp Trust 2004-Sea1)

Statements. Not Each month, not later than 12:00 noon California New York time on the fourth Business Day following the last day of a Due PeriodDetermination Date, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination Date, the Trustee shall deliver to the Servicer, the Depositor and to the Certificate InsurerTrustee, by telecopy, for distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with a hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered on the succeeding Distribution Business Day following the Determination Date, a statement certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the “Trustee’s Remittance Report”) containing date (day, month and year), the information set forth below (to Series number, the extent any such information to be delivered by the Servicer pursuant to the first sentence date of this Section 5.01(a) has been so delivered) with respect to such Distribution DateAgreement, and the following: (i) The Group 1 and Group 2 the Available Funds and each Certificate Rate Remittance Amounts for the related Distribution Remittance Date; (ii) The the Class Principal Balance of each Class of Class A Certificates and the Notional Balance of Balances for each Class of Class A-IO Certificates , Class M and the Aggregate Principal Balance of the Mortgage Loans in each Group Class B Notes as reported in the prior Trustee’s Remittance Report Servicer's Certificate pursuant to subclause (xiixv) below, or, in the case of the first Determination Date, the Original Class Certificate Principal Balance of each Class of Class A Certificates and the Original Notional Balance of for each Class of Class A-IO Certificates , Class M and the related Cut-Off Date Principal Balance of the Mortgage Loans in each GroupClass B Notes; (iii) The the Principal Distribution Amounts for the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes; (iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for the related Remittance Date (by Class and in the aggregate); (v) the Available Maximum Subordination Amount for the related Remittance Date; (vi) the number and Principal Balances of all Mortgage Loans and of the Mortgage Loans in each Group, that which were the subject of Principal Prepayments during the Due Period; (ivvii) The the amount of all Curtailments in each Group that which were received during the Due Period; (vviii) The principal portion the aggregate amount of all Excess Payments and the amounts of Monthly Payments for each Group in respect of principal received during the Due Period; (viix) The the amount of interest received on the Mortgage Loans in each GroupLoans; (viix) The the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date for each GroupDate; (viiixi) The the delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ixxii) The the amount of any Realized Losses incurred during the related Due Period; (xiii) the Available Remittance Amounts for the Remittance Date, in the aggregate and by component; (xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect to the Remittance Date; (xv) the Class Principal Balance for each Class of Class A A, Class M and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xi) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Principal Balance of each Class of Class A Certificates B Notes and the Notional Pool Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Date; (xiiixvi) The weighted average remaining term to maturity the calculation of the Mortgage Loans in each Group and Trigger Event, including the weighted average Loan Rate in each Groupvarious components thereof; (xivxvii) The Servicing Fee for each Group and the amount to be paid Cumulative Realized Losses, with respect to the Certificate Insurer pursuant to Section 5.01Remittance Date; (xvxviii) The the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Date; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account; (xx) the amount of all payments or and reimbursements to the Servicer pursuant to Section 3.034.04(b), (c), (d)(ii), (e) and (f); (xvixxi) The Pool the Class Factor for each Group Class determined using the balances in subclause (iixv) above; (xviixxii) The amountthe weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, if anyin each case for the related Remittance Date, transferred and the weighted average Loan Interest Rate for the prior three month period; (xxiii) the Senior Percentage and the Class B Percentage for the current Remittance Date; (xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Date; (xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Date; (xxvi) the Accelerated Principal Distribution Amount for such Remittance Date; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the Simple Interest Excess FHA Premium Account pursuant to Section 7.03(b)(i); (xxix) the amount of FHA Payments and Related Payments received during the related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Noteholders or Certificateholders may reasonably require. The Trustee shall forward such report to the Noteholders and the Owner Trustee on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess 7.01(a)(iv); and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the SellerRepresentative, as appropriate, pursuant to Section 5.01(a)(ivSections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number Trustee of Mortgage Loans such withdrawals and deposits will be based in each Group outstanding at whole or in part upon the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Date; (xxiv) The amount of Class Interest Carryover Shortfall relating to each Class of Class A Certificates and the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principal; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make such report available information provided to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on or the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the ServicerClaims Administrator). To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report Servicer's Certificate and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may Trustee shall be entitled to rely upon the lattertelecopy. In the case of information furnished pursuant to subclauses (ii), (viii) and (ixxiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each Note per $1,000 original dollar amount as of the Cut-Off Date. (a) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class A, Class M and Class B Noteholder such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xix) and (xxxv), above, aggregated for such calendar year or applicable portion thereof during which such Person was a Noteholder. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. (b) On each Remittance Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, a copy of the report forwarded to the Noteholder in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP Interest, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriate. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee, with a copy to the Owner Trustee for distribution to each Person who at any time during the calendar year was a Holder of the GP Interest such information as is reasonably necessary to provide to such Person a statement 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 the GP Interest. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notes.

Appears in 1 contract

Sources: Sale and Servicing Agreement (Money Store Home Equity Corp)

Statements. Not later than 12:00 noon California time on the fourth Business Day following the last day of a Due Period, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to (a) On each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination Distribution Date, the Trustee shall deliver based, as applicable, on information provided to it by the Servicer, the Depositor Certificate Administrator shall prepare and make available to each Holder of the Certificate InsurerRegular Certificates, by telecopythe Swap Counterparties, with a hard copy thereof to be delivered on the succeeding Distribution DateServicer and the Rating Agencies, a statement (the “Trustee’s Remittance Report”) containing the information set forth below (as to the extent any such information to be delivered by the Servicer pursuant to the first sentence of this Section 5.01(a) has been so delivered) with respect to distributions made on such Distribution Date: (i) The Group 1 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 Group 2 Available Funds and each Certificate Rate for the related Distribution Dateamount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges; (ii) The Class Principal Balance the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report pursuant P Certificates) allocable to subclause (xii) belowinterest, or, in the case of the first Determination Date, the Original Class Certificate Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of the Mortgage Loans in each Groupseparately identified; (iii) The number and Principal Balances the Pool Balance of all the Group I Mortgage Loans and of the Group II Mortgage Loans in each Group, that were the subject of Principal Prepayments during the Due Period; (iv) The amount of all Curtailments in each Group that were received during the Due Period; (v) The principal portion of all Monthly Payments for each Group received during the Due Period; (vi) The amount of interest received on the Mortgage Loans in each Group; (vii) The amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date for each Group; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xi) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Date; (xiii) The weighted average remaining term to maturity of the Mortgage Loans in each Group and the weighted average Loan Rate in each Group; (xiv) The Servicing Fee for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01; (xv) The amount of all payments or reimbursements to the Servicer pursuant to Section 3.03; (xvi) The Pool Factor for each Group determined using the balances in subclause (ii) above; (xvii) The amount, if any, transferred from the Simple Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and Close of Business at the end of the related Due Period; (xxiiv) The amount on deposit in each sub-account the number, aggregate principal balance, and weighted average Mortgage Rate of the Spread Account after Mortgage Loans as of the Distribution Daterelated Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment Period; (xxiiv) The amount the number and aggregate unpaid principal balance of losses experienced on the Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in each Group 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 (C) REO Properties; (vi) the aggregate amount of Principal Prepayments made during the preceding Due related Prepayment Period; (vii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative losses for the Mortgage Loans in each Group as a percentage amount of the related Cut-Off Date Principal BalanceRealized Losses; (xxiiiviii) The the Certificate Principal Balance of each class of the Class A-2 Available Funds CarryforwardA Certificates, if anyeach class of the Mezzanine Certificates, the Class B Certificates and the Class O Certificates, after giving effect to all the distributions made on such Distribution Date; (xxivix) The amount of Class the Unpaid Interest Carryover Shortfall relating Amount, if any, with respect to each Class class of the Class A Certificates, each class of the Mezzanine Certificates, the Class B Certificates and the Class A-IO AIO Certificates for such Distribution Date; (x) 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 3.25; (xi) the Credit Enhancement Percentage for such Distribution Date; (xii) the Available Funds Cap Carryforward Amount for each class of the Class A Certificates, separately stating each class of the amount that is allocable to each Mezzanine Certificates and the Class B Certificates, if any, for such Class Distribution Date and the amount allocable to interest and principal; andremaining unpaid after reimbursements therefor on such Distribution Date; (xxvxiii) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred the respective REMIC Pass-Through Rates applicable to each class of the Class A Certificates, each class of the Mezzanine Certificates, the Class B Certificates, and specifying the details thereof. The Trustee shall make Class AIO Certificates for such report available Distribution Date and the REMIC Pass-Through Rate applicable to each class of the Class A Certificates, each class of the Mezzanine Certificates and the Class B Certificates for the immediately succeeding Distribution Date; (xiv) the Supplemental Interest Payment for each Class on such Distribution Date; (xv) the difference between the Swap Notional Amount and the Underwritten Certificates (and the Class B Certificate if held by an entity unrelated to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]Seller) Principal Balance on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related such Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer. To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may rely upon the latter. ; In the case of information furnished pursuant to subclauses (iii) and (ixii) 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. The Certificate Administrator may, in the absence of manifest error, conclusively rely upon the Determination Date Report of the Servicer in its preparation of the statement to Certificateholders pursuant to this Section 4.03. (b) Within a reasonable period of time after the end of each calendar year, the Certificate Administrator shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) and (ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Certificate Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Certificate Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Certificate Administrator shall forward to 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 Certificate Administrator deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Certificate Administrator shall deliver to 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 Certificate Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished to Certificateholders by the Certificate Administrator pursuant to any requirements of the Code as from time to time in force. (e) No later than noon on the Business Day prior to each Distribution Date, the Certificate Administrator shall forward, by facsimile transmission, the statement prepared pursuant to paragraph (a) of this Section 4.03, together with all other information reasonably necessary to make the distributions pursuant to Section 4.01 of this Agreement, to the Trustee. On each Distribution Date, the Certificate Administrator, on behalf of the Trustee, shall forward by mail to each Certificateholder the statement prepared pursuant to paragraph (a) of this Section 4.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Novastar Mortgage Funding Corp Trust Series 2002-3)

Statements. Not Each month, not later than 12:00 noon California New York time on the fourth Business Day following the last day of a Due PeriodDetermination Date, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination Date, the Trustee shall deliver to the Servicer, the Depositor Certificate Insurer and to the Certificate InsurerTrustee, by telecopy, for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with a hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit R (both in hard copy and in computer tape form) to be delivered on the succeeding Distribution Business Day following the Determination Date, a statement certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the “Trustee’s Remittance Report”) containing date (day, month and year), the information set forth below (to Series number of the extent any such information to be delivered by Certificates, the Servicer pursuant to the first sentence date of this Section 5.01(a) has been so delivered) with respect to such Distribution DateAgreement, and the following: (i) The Group 1 and Group 2 the Pool Available Funds and Remittance Amounts for each Certificate Rate Pool for the related Distribution Remittance Date; (ii) The the Class Principal Balance of Balances for each Class of Class A Pool I, Pool II and Pool III Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report Servicer's Certificate pursuant to subclause (xiixv) below, or, in the case of the first Determination Date, the Original Class Certificate Principal Balance of for each Class of Class A Certificates Pool I, Pool II and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of the Mortgage Loans in each GroupPool III Certificates; (iii) The the Pool Principal Distribution Amounts for each Pool for the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Pool I, Pool II and Pool III Certificates; (iv) the total amount of any Insured Payments included in the Pool Available Remittance Amount for Pool I or Pool II for the related Remittance Date; (v) the Subordinated Amount and Specified Subordinated Amount for the related Remittance Date, listed separately for each Pool and the Pool Available Maximum Subordinated Amount for Pool III; (vi) the number and Principal Balances of all Mortgage Loans and of the Mortgage Loans in each Group, that Pool which were the subject of Principal Prepayments during the Due Period; (ivvii) The the amount of all Curtailments in each Group that which were received during the Due Period, stated separately for each Pool; (vviii) The principal portion the aggregate amount of all Excess Payments and the amounts of Monthly Payments for each Group in respect of principal received during the Due Period, stated separately for each Pool; (viix) The the amount of interest received on the Mortgage Loans in Loans, stated separately for each GroupPool; (viix) The the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Certificate Accounts pursuant to Section 6.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date Date, in each case stated separately for each GroupPool; (viiixi) The the delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount O, stated separately for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xi) The amount to be distributed to the Class R Certificateholders for the Distribution DatePool; (xii) The the amount of any Realized Losses incurred during the related Due Period, stated separately for each Pool; (xiii) the Pool Remittance Amounts for Pool I and Pool II and the Class Current Interest Requirement and the Pool Principal Distribution Amount for Pool III for the Remittance Date, in the aggregate and by component and listed separately for the portions relating to each Class of Certificates in the related Pool, and any Interest Shortfall Carryforward Amount or Pool Carry-Forward Amount, as the case may be, relating to each Class of Certificates; (xiv) the Reimbursable Amounts, the Pool I and Pool II Strip Amounts and the Class X Remittance Amount payable pursuant to Section 6.08(d)(X)(v) and Section 6.08(d)(Z)(xviii) with respect to the Remittance Date; (xv) the Class Principal Balance of for each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Pool Principal Balance of for each Group, each Pool after giving effect to the distribution to be made on the Distribution Remittance Date and after allocation of Realized Losses made on such Remittance Date; (xiiixvi) The weighted average remaining term to maturity of the Mortgage Loans Monthly Excess Spread Percentage, the Excess Spread, and the Remainder Excess Spread Amount (in each Group case, in the aggregate and stated separately for each Pool); (xvii) the Cumulative Realized Losses, stated separately for each Pool, with respect to the Remittance Date; (xviii) the weighted average Loan Rate in maturity and weighted average Interest Rate, stated separately for each GroupPool; (xivxix) The the Servicing Fee Fees, the Contingency Fees, and amounts to be deposited to the Expense Accounts, the Insurance Accounts and the FHA Premium Account, in each case, as applicable, stated separately for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01Pool; (xvxx) The the amount of all payments or and reimbursements to the Servicer pursuant to Section 3.035.04(b), (c), (d)(ii), (e) and (f)(i), stated separately with respect to each Pool; (xvixxi) The the Class Pool Factor for each Group Class determined using the balances in subclause (iixv) above; (xviixxii) The amountthe weighted average Mortgage Interest Rate and Adjusted Mortgage Interest Rate of the Mortgage Loans for each Pool and the weighted average Class Adjusted Loan Remittance Rates for each Pool, in each case for the related Remittance Date, and the weighted average Mortgage Interest Rate for the prior three month period; (xxiii) the Class AV Remittance Rate with respect to the Remittance Date and if the Class AV Remittance Rate was based on the applicable Net Funds Cap, what it would have been if based on LIBOR plus the applicable Margin; (xxiv) the rate of LIBOR with respect to the Remittance Date; (xxv) the Net Funds Cap for the Class AV Certificates with respect to the Remittance Date; (xxvi) if the Remittance Rate for the Class AV Certificates for such Remittance Date is based on the Net Funds Cap, the amount of any Certificateholders' Interest Carryover for such Class for such Remittance Date; (xxvii) the amount of the distribution, if any, transferred allocable to Certificateholders' Interest Carryover and the amount of any Certificateholders' Interest Carryover for all prior Remittance Dates after giving effect to such distribution (in each case, stated separately by Class and in the aggregate); (xxviii) whether the Trigger Event for Pool III is in effect; (xxix) the Senior Percentage and the Class B Pool Percentage for the current Remittance Date; (xxx) the amount of any Pool Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class of Pool III Certificates as of the close of such Remittance Date; (xxxi) the Accelerated Principal Distribution Amount for Pool III for such Remittance Date; (xxxii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer and/or the Certificate Insurer from the Simple Interest Excess Account to the Distribution FHA Premium Account pursuant to Section 5.03 6.06(b)(i); (xxxiii) The amount of FHA Payments and from Related Payments received during the Spread Account related Due Period, stated separately for each Pool; (xxxiv) The Reserve Amount for the related Remittance Date; (xxxv) Claims filed during the Due Period; (xxxvi) Claims paid during the Due Period; (xxxvii) Claims denied by the FHA during the Due Period; (xxxviii) Claims pending payment by the FHA during the Due Period; and (xxxix) The number and Principal Balance of all Defaulted Mortgage Loans purchased during the Due Period, stated separately for each Pool; (xl) Such other information as the Certificate Insurer and the Certificateholders may reasonably require. The Trustee shall forward such report to the Distribution Certificateholders and, with respect to the report on the Pool I and Pool II Mortgage Loans, to the Certificate Insurer on the Remittance Date, together with a separate report indicating the amount of funds deposited in each Certificate Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess 6.01(a)(iv); and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the SellerRepresentative, as appropriate, pursuant to Section 5.01(a)(ivSections 6.03(c)(i), 6.03(c)(ii), 6.04(b)(iv), 6.08(d)(X)(iii), and 6.08(d)(Z) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Date; (xxiv) The amount of Class Interest Carryover Shortfall relating to each Class of Class A Certificates and the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principal; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make such report available information provided to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on or the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the ServicerClaims Administrator). To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report Servicer's Certificate and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may Trustee shall be entitled to rely upon the lattertelecopy. In the discretion of the Servicer, in the case of certain information furnished pursuant to subclauses (ii) and (ix) abovethe above provisions, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each per $1,000 original dollar amount as of the Cut-Off Date. Additionally, on the Special Remittance Date the Trustee shall, based upon information received from the Servicer, forward to the Certificateholders and the Rating Agencies, a report setting forth the amount of principal and interest, if any, being paid to each Class of Certificates on the Special Remittance Date, and to the Certificate Insurer, a report setting forth such information only with respect to the Pool I and Pool II Certificates. (a) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Certificateholder the amount of interest and principal distributed with respect to each Class of Certificates plus such other customary information as the Servicer determines to be necessary and/or required by the Internal Revenue Service to enable the Certificateholders to prepare their tax returns for such calendar year. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. (b) On each Remittance Date and the Special Remittance Date, the Trustee shall forward to the Class X and Class R Certificateholders a copy of the report forwarded to the Certificateholders of each Pool in respect of such Remittance Date or the Special Remittance Date, as the case may be, and a statement setting forth the amounts actually distributed to the Class X and Class R Certificateholders, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriate. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class X or Class R Certificateholder such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class X or R Certificateholder, as applicable. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Certificateholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Mortgage Loans sufficient to permit such Certificateholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Certificates. (e) The Servicer shall furnish to each Certificateholder and the Certificate Insurer, 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 the Certificate Insurer, 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 as the Certificateholder or the Certificate Insurer may reasonably require; provided, that the Servicer shall be entitled to be reimbursed by such Certificateholder or the Certificate Insurer for the Servicer's actual expenses incurred in providing such reports if such reports are not producible in the ordinary course of the Servicer's business.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Money Store Home Equity Corp)

Statements. Not Each month, not later than 12:00 noon California New York time on the fourth Business Day following the last day of a Due PeriodDetermination Date, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination Date, the Trustee shall deliver to the Servicer, the Depositor and to the Certificate InsurerTrustee, by telecopy, for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with a hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit R (both in hard copy and in computer tape form) to be delivered on the succeeding Distribution Business Day following the Determination Date, a statement certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the “Trustee’s Remittance Report”) containing date (day, month and year), the information set forth below (to Series number of the extent any such information to be delivered by Certificates, the Servicer pursuant to the first sentence date of this Section 5.01(a) has been so delivered) with respect to such Distribution DateAgreement, and the following: (i) The Group 1 and Group 2 the Available Funds and each Certificate Rate Remittance Amounts for the related Distribution Remittance Date; (ii) The the Class Principal Balance of each Class of Class A Certificates and the Notional Balance of Balances for each Class of Class A-IO , Class M and Class B Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report Servicer's Certificate pursuant to subclause (xiixv) below, or, in the case of the first Determination Date, the Original Class Certificate Principal Balance of each Class of Class A Certificates and the Original Notional Balance of for each Class of Class A-IO Certificates , Class M and the related Cut-Off Date Principal Balance of the Mortgage Loans in each GroupClass B Certificates; (iii) The the Principal Distribution Amounts for the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B Certificates; (iv) the Interest Shortfall Carryforward Amounts and Principal Shortfall Carryforward Amounts for the related Remittance Date and the aggregate Shortfall Carryforward Amounts; (v) the Available Maximum Subordination Amount for the related Remittance Date; (vi) the number and Principal Balances of all Mortgage Home Improvement Loans and of the Mortgage Loans in each Group, that which were the subject of Principal Prepayments during the Due Period; (ivvii) The the amount of all Curtailments in each Group that which were received during the Due Period; (vviii) The principal portion the aggregate amount of all Excess Payments and the amounts of Monthly Payments for each Group in respect of principal received during the Due Period; (viix) The the amount of interest received on the Mortgage Loans in each GroupHome Improvement Loans; (viix) The the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Certificate Account pursuant to Section 6.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date for each GroupDate; (viiixi) The the delinquency and foreclosure information set forth in the form attached hereto as Exhibit LO; (ixxii) The the amount of any Realized Losses incurred during the related Due Period; (xiii) the Available Remittance Amounts for the Remittance Date, in the aggregate and by component and listed separately for the portions relating to each Class of Class A, Class M and Class B Certificates; (xiv) the Reimbursable Amounts and the Class X Remittance Amount payable pursuant to Section 6.08(d)(xiv) and (xvii) with respect to the Remittance Date; (xv) the Class Principal Balance for each Class of Class A A, Class M and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xi) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Principal Balance of each Class of Class A B Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Pool Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Remittance Date and after allocation of Principal Writedown Amounts made on such Remittance Date; (xiiixvi) The weighted average remaining term to maturity the calculation of the Mortgage Loans in each Group and Class B Principal Distribution Test, including the weighted average Loan Rate in each Groupvarious components thereof; (xivxvii) The Servicing Fee for each Group and the amount to be paid Cumulative Realized Losses, with respect to the Certificate Insurer pursuant to Section 5.01Remittance Date; (xvxviii) The Reserved; (xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account; (xx) the amount of all payments or and reimbursements to the Servicer pursuant to Section 3.035.04(b), (c), (d)(ii), (e) and (f); (xvixxi) The Pool the Class Factor for each Group Class determined using the balances in subclause (iixv) above; (xviixxii) The amountthe weighted average Home Improvement Loan Interest Rate and Adjusted Home Improvement Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, if anyin each case for the related Remittance Date, transferred and the weighted average Home Improvement Loan Interest Rate for the prior three month period; (xxiii) the amount of Guaranty Payments or Altenate Credit Enhancement Payments received during the related Due Period; (xxiv) the amount of any Defaulted Guaranty Payment Amount for such related Due Period; (xxv) Reserved; (xxvi) Reserved; (xxvii) Reserved; (xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the Simple Interest Excess Account to the Distribution FHA Premium Account pursuant to Section 5.03 6.06(b)(i); (xxix) the amount of FHA Payments and from Related Payments received during the Spread Account related Due Period; (xxx) the Reserve Amount for the related Remittance Date; (xxxi) claims filed during the Due Period; (xxxii) claims paid during the Due Period; (xxxiii) claims denied by the FHA during the Due Period; (xxxiv) claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Certificateholders may reasonably require. The Trustee shall forward such report to the Distribution Certificateholders on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Certificate Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess 6.01(a)(iv); and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the SellerRepresentative, as appropriate, pursuant to Section 5.01(a)(ivSections 6.03(c)(i), 6.03(c)(ii) and 6.08(d)(iii) (all reports prepared by the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number Trustee of Mortgage Loans such withdrawals and deposits will be based in each Group outstanding at whole or in part upon the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Date; (xxiv) The amount of Class Interest Carryover Shortfall relating to each Class of Class A Certificates and the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principal; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make such report available information provided to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on or the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the ServicerClaims Administrator). To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report Servicer's Certificate and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may Trustee shall be entitled to rely upon the lattertelecopy. In the case of information furnished pursuant to subclauses (ii), (viii) and (ixxiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each per $1,000 original dollar amount as of the Cut-Off Date. Additionally, on the Special Remittance Date the Trustee shall, based upon information received from the Servicer, forward to the Certificateholders and the Rating Agencies, a report setting forth the amount of principal and interest, if any, being paid to each Class of Class A, Class M and Class B Certificates on the Special Remittance Date. (a) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class A, Class M and Class B Certificateholder such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xix) and (xxxv), above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. (b) On each Remittance Date and the Special Remittance Date, the Trustee shall forward to the Class X and Class R Certificateholders a copy of the report forwarded to the Certificateholders of each Pool in respect of such Remittance Date or the Special Remittance Date, as the case may be, and a statement setting forth the amounts actually distributed to the Class X and Class R Certificateholders, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriate. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class X or Class R Certificateholder such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class X or R Certificateholder, as applicable. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A, Class M and Class B Certificateholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Home Improvement Loans sufficient to permit such Class A, Class M and Class B Certificateholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Certificates. (e) The Servicer shall furnish to each Certificateholder, 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 as the Certificateholder may reasonably require; provided, that the Servicer shall be entitled to be reimbursed by such Certificateholder for the Servicer's actual expenses incurred in providing such reports if such reports are not producible in the ordinary course of the Servicer's business.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Money Store Home Equity Corp)

Statements. Not later than 12:00 noon California time on the fourth Business Day following the last day of a Due Period(a) Concurrently with each distribution to Securityholders, the Servicer Trust Administrator shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as make available to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination DateSecurityholder, the Trustee shall deliver to the ServicerSeller, the Depositor Cap Provider, the Owner Trustee and to the Certificate Insurer, by telecopy, with a hard copy thereof to be delivered on the succeeding Distribution DateRating Agency, a statement based on loan-level information provided to the Master Servicer by the Servicers (the “Trustee’s Remittance ReportPayment Date Statement”) containing as to the distributions to be made or made, as applicable, on such Payment Date. Information in the Payment Date Statement relating to or based on amounts available in the Cap Account shall be based on information set forth below provided by the Cap Provider regarding distributions to be made for the related Payment Date pursuant to the Cap Agreement. The Payment Date Statement will include the following: (i) the aggregate amount of the payment to be made on such Payment Date to the Holders of each Class of Notes, to the extent any such information applicable, allocable to principal; (ii) the aggregate amount of the payment to be delivered by the Servicer pursuant made on such Payment Date to the first sentence Holders of this Section 5.01(aeach Class of Notes allocable to interest and the calculation thereof; (iii) has been so deliveredthe amount, if any, of any distribution to the Holders of the Trust Certificate; (A) the aggregate amount of any Monthly Advances required to be made by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date: (i) The Group 1 and Group 2 Available Funds and each Certificate Rate for the related Distribution Date; (ii) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report pursuant to subclause (xii) below, or, in the case of the first Determination Payment Date, (B) the Original Class Certificate Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of the Mortgage Loans in each Group; (iii) The number and Principal Balances of all Mortgage Loans and of the Mortgage Loans in each Group, that were the subject of Principal Prepayments during the Due Period; (iv) The aggregate amount of all Curtailments in each Group that were received during such Monthly Advances actually made, and (C) the Due Periodamount, if any, by which (A) above exceeds (B) above; (v) The principal portion of all Monthly Payments for each Group received during the Due Period; (vi) The amount of interest received on the Mortgage Loans in each Group; (vii) The amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date for each Group; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xi) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Date; (xiii) The weighted average remaining term to maturity of the Mortgage Loans in each Group and the weighted average Loan Rate in each Group; (xiv) The Servicing Fee for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01; (xv) The amount of all payments or reimbursements to the Servicer pursuant to Section 3.03; (xvi) The Pool Factor for each Group determined using the balances in subclause (ii) above; (xvii) The amount, if any, transferred from the Simple Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The total number of Mortgage Loans in the aggregate and the aggregate Scheduled Principal Balance, after giving effect to payments of principal reported under clause (i) above, in each Group outstanding case at the beginning and close of business at the end of the related Due Period; (xxivi) The the Class Principal 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; (vii) the amount on deposit of any Realized Losses incurred with respect to the Mortgage Loans (x) in each subthe applicable Prepayment Period and (y) in the aggregate since the Cut-account of the Spread Account after the Distribution off Date; (xxiiviii) The the amount of losses experienced the Master Servicing Fees, Servicing Fees and Wachovia Additional Servicing Fees, if any, paid during the Due Period to which such distribution relates; (ix) the number and aggregate Scheduled Principal Balance of Mortgage Loans, (a) delinquent 30 to 59 days on a contractual basis, (b) delinquent 60 to 89 days on a contractual basis, (c) delinquent 90 or more days on a contractual basis, (d) as to which foreclosure proceedings have been commenced in the month in which such Payment Date occurs, in each case as of the close of business on the last Business Day of the calendar month immediately preceding, (e) in bankruptcy and (f) that are REO Properties; (x) the aggregate Scheduled Principal Balance of any Mortgage Loans with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Payment Date occurs; (xi) with respect to substitution of Mortgage Loans in each Group during the preceding Due Period calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and the cumulative losses for the of each Qualified Substitute Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal BalanceLoan; (xxiiixii) The Class A-2 Available Funds Carryforwardthe amount of any Basis Risk Shortfall and Unpaid Basis Risk Shortfall, if any, with respect to each Class of Notes, after giving effect to all distributions payments made on such Distribution Payment Date; (xxivxiii) The amount of Class the Note Interest Carryover Shortfall relating Rate applicable to such Payment Date with respect to each Class of Class A Certificates Notes; (xiv) the Interest Remittance Amount and the Principal Remittance Amount applicable to such Payment Date; (xv) the Overcollateralization Amount, the Overcollateralization Deficiency, if any, the Principal Distribution Amount and the Extra Principal Distribution Amount for such Payment Date; (xvi) with respect to the Class A-IO M-1 and Class M-2 Certificates, separately stating the amount that is allocable to Deferred Interest and Principal Deficiency Amount, if any, for each such Class Class; (xvii) the level of LIBOR for the Accrual Period for the current Payment Date and the amount allocable to interest and principallevel of LIBOR for the Accrual Period for the next Payment Date; and (xxvxviii) Whether any Cap Payments made for such period, the notional balance on the Cap Agreement and the Excess Cap Amount, if any, 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 Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereofdollar amount per $1,000 of original principal amount of Notes. The Trustee shall Trust Administrator will make such report the Payment Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Securityholders and the Servicer, other parties to this Agreement via the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its Trust Administrator’s internet website. The Trust Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇▇.▇▇.▇▇▇on the related Distribution Date. Assistance in using the website can be obtained by calling the TrusteeTrust Administrator’s investor relations customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method option are entitled to have a paper copy mailed to them via first class mail by calling the investor relations customer service desk and indicating such. In additionThe Trust Administrator shall have the right to change the way such reports are distributed in order to make such distribution more convenient and/or more accessible to the parties, together with and the Trust Administrator shall provide timely and adequate notification to all parties regarding any such reportchange. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall forward Trust Administrator shall, upon written request, furnish to Bloomberg each Person who at any time during the calendar year was a copy Securityholder, 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 computer tape delivered by Securities to prepare their tax returns. Such obligation of the Servicer on the Distribution Date. The Trustee may fully rely upon and Trust Administrator shall be deemed to have no liability with respect been satisfied to information provided by the Servicer. To the extent that there are inconsistencies between substantially comparable information shall be prepared and furnished by the telecopy Trust Administrator to Securityholders pursuant to any requirements of the Trustee’s Remittance Report and the hard copy issued upon request Code as are in force from time to time. (pursuant to the preceding paragraphc) thereofOn each Payment Date, the Servicer may rely upon the latter. In the case of information furnished pursuant Trust Administrator shall supply an electronic tape to subclauses (ii) and (ix) aboveBloomberg Financial Markets, the amounts shall be expressed Inc. in a separate section of the report as format acceptable to Bloomberg Financial Markets, Inc. on a dollar amount for each Class for each $1,000 original dollar amount as of the Cut-Off Datemonthly 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: Sale and Servicing Agreement (Greenwich Capital Acceptance, Inc New York Mortgage Trust 2005-1)

Statements. (a) Not later than 12:00 noon noon, California time time, on the fourth fifth Business Day following the last day of a Due Periodprior to each Distribution Date, the Servicer shall deliver to the Trustee by electronic modem a computer tape file containing the information set forth on Exhibit D as to each Mortgage Loan called for by clauses (i) through (xxi) below as of such the end of the preceding Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon noon, California time time, on the each Determination Date, the Trustee shall deliver to the Servicer, the Depositor and to the Certificate Insurer, by telecopy, with a hard copy thereof to be delivered on the succeeding Distribution Date, a confirmation of the items in clause (i) below. Not later than one Business Day prior to each Distribution Date the Trustee shall deliver a statement (the "Trustee’s 's Remittance Report") containing the information set forth below (to the extent any such information to be delivered by the Servicer pursuant to the first sentence of this Section 5.01(a) has been so delivered) with respect to such Distribution Date, which information shall be based upon the information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification or calculation thereof: (i) The Group 1 and Group 2 Available Funds for each Certificate Group and each Class's Certificate Rate for the related Distribution Date; (ii) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Aggregate Class of Class A-IO Certificates and the Aggregate A Principal Balance of the Mortgage Loans in for each Certificate Group as reported in the prior Trustee’s 's Remittance Report pursuant to subclause (xiixi) below, or, in the case of the first Determination Date, the Original Class Certificate Principal Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Pool Principal Balance of the Mortgage Loans in each GroupBalance; (iii) The number and Principal Balances of all Mortgage Loans and of the Mortgage Loans in each Group, that were the subject of Principal Prepayments during the Due Period; (iv) The amount of all Curtailments in each Group that were received during the Due Period; (v) The principal portion of all Monthly Payments for each Group received during the Due Period; (vi) The amount interest portion of interest all Monthly Payments received on the Mortgage Loans in each Groupduring the Due Period; (vii) The amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date for each GroupDate; (viii) The delinquency and foreclosure information set forth in Class A Principal Distribution, the form attached hereto as Exhibit L; (ix) The Remittance Amount for portion thereof to be distributed on each Class of Class A Certificates then entitled to distributions of principal, and the Class A-IO Certificates for the Interest Distribution Date with the components thereof stated separately;to be distributed on each Class of Senior Certificates. (xix) The amount of the Insured Amounts for each GroupPayments, if any, to be paid made on the Distribution Date; (xix) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xiixi) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Group Certificate Principal Balance of for each Group, each Certificate Group after giving effect to the distribution to be made on the Distribution Date; (xiiixii) The weighted average remaining term to maturity of the Mortgage Loans in each Group and the weighted average Loan Rate in each GroupRate; (xivxiii) The Servicing Fee for each Group and the amount Premium Amount and Reimbursement Amount to be paid to the Certificate Insurer pursuant to Section 5.01; (xvxiv) The amount of all payments or reimbursements to the Servicer pursuant to Section 3.03Sections 3.03(ii) and (vi); (xv) The O/C Amount and the Specified O/C Amount for such Distribution Date; (xvi) The Pool Factor for each Group determined using the balances in subclause (ii) above; (xvii) The amount, if any, transferred from the Simple Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv5.01(a)(vi)(3) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix5.01(a)(vi)(7); (xxxvii) The number of Mortgage Loans in each Group outstanding at the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxiixviii) The amount of losses Liquidation Loan Losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for Loan Losses and the Mortgage Loans in each Group Cumulative Net Losses as a percentage of the related Cut-Off Date Pool Principal Balance; (xxiiixix) The Class A-2 Available Funds CarryforwardAs of the end of the preceding calendar month, if any, after giving effect to all distributions on such Distribution Datethe number and Principal Balance of Mortgage Loans which are 30- 59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are more than 90 days delinquent; the number and Principal Balance of Mortgage Loans which are in foreclosure; and the number and Principal Balance of Mortgage Loans which are REO Property; (xxivxx) The amount of Class Interest A-7 Basis Risk Carryover Shortfall relating to each Amount distributed on such Distribution Date and any remaining Class of Class A Certificates and the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principalA-7 Basis Risk Carryover Amount; and (xxvxxi) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred The Certificate Rates for the Class A-7 and specifying Class S Certificates for such Distribution Date and the details thereofClass A-7 Formula Rate for the related and the following Interest Period. The Trustee shall make forward such report available to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Certificateholders, the Rating Agencies and Agencies, Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇ ▇▇▇▇▇▇) and Intex Solutions (at ▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇, Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date; provided, however that the Trustee shall remove the Premium Amount to be paid the Certificate Insurer from clause (xiii) of such report prior to submission of the report to Bloomberg and Intex Solutions. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer. The Servicer shall calculate all items in clauses (i) - (xxi) above. To the extent that there are inconsistencies between the telecopy of the Trustee’s 's Remittance Report and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may rely upon the latter. In the case of information furnished pursuant to subclauses (ii), (xi) and (ixxvi) 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 related Cut-Off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was a Holder of a Senior Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (vii) and (xiii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Trustee shall forward to the Class R Certificateholders a copy of the reports forwarded to the Holders of the Senior Certificates in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared 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 each Certificateholder and to the Certificate Insurer (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 the Certificate Insurer, as the case may be, 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 or the Certificate Insurer, as the case may be, may reasonably require; provided that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder or the Certificate Insurer, as the case may be, 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 for the internal use of the Certificate Insurer and its counsel or to the Rating Agencies, the Certificate Insurer's reinsurers, parent, regulators, liquidity providers and auditors, provided that the Certificate Insurer shall attempt in good faith to cause such additional Persons to acknowledge in writing the foregoing restrictions, and in connection with the purposes and requirements of this Agreement. No Person entitled to receive copies of such reports or diskettes or files or lists of Certificateholders shall use the information therein for the purpose of soliciting the customers of the Seller or for any other purpose except as set forth in this Agreement.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Delta Funding Corp /De/)

Statements. (a) Not later than 12:00 noon noon, California time time, on the fourth fifth Business Day following the last day of a Due Periodprior to each Distribution Date, the Servicer shall deliver to the Trustee by electronic modem a computer tape file containing the information set forth on Exhibit D as to each Mortgage Loan called for by clauses (i) through (xxi) below as of such the end of the preceding Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon noon, California time time, on the each Determination Date, the Trustee shall deliver to the Servicer, Servicer and the Depositor and to the Certificate Insurer, Seller by telecopy, with a hard copy thereof to be delivered on the succeeding Distribution Date, a confirmation of the items in clause (i) below. Not later than one Business Day prior to each Distribution Date the Trustee shall deliver a statement (the "Trustee’s 's Remittance Report") containing the information set forth below (to the extent any such information to be delivered by the Servicer pursuant to the first sentence of this Section 5.01(a) has been so delivered) with respect to such Distribution Date, which information shall be based upon the information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification or calculation thereof: (i) The Group 1 and Group 2 Available Funds for each Certificate Group and each Class's Certificate Rate for the related Distribution Date; (ii) The the aggregate amount of the distribution to each Class of Certificates on such Distribution Date; (iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining; (iv) the amount of the distribution set forth in paragraph (i) above in respect of principal and the amount thereof in respect of the Class Principal Carryover Shortfall, and any remaining Class Principal Carryover Shortfall; (v) the amount of Excess Interest for each Loan Group paid as principal; (vi) the Servicing Fee; (vii) the Loan Group Balance of each Loan Group and the Pool Balance, in each case as of the close of business on the last day of the preceding Due Period; (viii) the Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report pursuant after giving effect to subclause (xii) below, or, in the case of the first Determination Date, the Original Class Certificate Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of the Mortgage Loans in each Grouppayments allocated to principal above; (iiiix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date; (x) whether a Trigger Event has occurred and is continuing; (xi) The number and Principal Balances of all Mortgage Loans and of the Mortgage Loans in each Group, that were the subject of Principal Prepayments during the Due Period; (ivxii) The amount of all Curtailments in each Group that were received during the Due Period; (vxiii) The principal portion of all Monthly Payments for each Group received during the Due Period; (vixiv) The amount interest portion of interest all Monthly Payments received on the Mortgage Loans in each Groupduring the Due Period; (viixv) The amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date for each Group; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xixvi) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Date; (xiiixvii) The weighted average remaining term to maturity of the Mortgage Loans in each Group and the weighted average Loan Rate in each GroupRate; (xiv) The Servicing Fee for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01; (xvxviii) The amount of all payments or reimbursements to the Servicer pursuant to Section 3.03; Sections 3.03(ii) and (xvi) The Pool Factor for each Group determined using the balances in subclause (ii) above; (xvii) The amount, if any, transferred from the Simple Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01vi); (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxiixx) The amount of losses Liquidation Loan Losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for Loan Losses and the Mortgage Loans in each Group Cumulative Net Losses as a percentage of the related Cut-Off Date Principal Pool Balance; (xxiiixxi) The Class A-2 Available Funds CarryforwardAs of the end of the preceding calendar month, if any, after giving effect to all distributions on such Distribution Date; (xxiv) The amount the number and Principal Balance of Class Interest Carryover Shortfall relating to each Class Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Class A Certificates Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are more than 90 days delinquent; the number and Principal Balance of Mortgage Loans which are in foreclosure; and the Class A-IO Certificates, separately stating the amount that is allocable to each such Class number and the amount allocable to interest and principalPrincipal Balance of Mortgage Loans which are REO Property; and (xxvxxii) Whether a Servicer Termination Delinquency Event or a Servicer Termination the calculation of the Cumulative Loss Event has occurred and specifying the details thereof. The Trustee shall make such report available to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer. To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may rely upon the latter. In the case of information furnished pursuant to subclauses (ii) and (ix) 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

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Delta Funding Corp /De/)

Statements. Not later than 12:00 noon California time on the fourth Business Day following the last day of a Due Period, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination Date, the Trustee shall deliver make available to the Servicer, the Depositor and to the Certificate Insurer, Insurer by telecopy, with a hard copy thereof to be delivered and on the succeeding Distribution DateDate via its website, a statement (the “Trustee’s Remittance Report”) containing the information set forth below (to the extent any such information to be delivered by the Servicer pursuant to the first sentence of this Section 5.01(a) has been so delivered) with respect to such Distribution Date: (i) The Group 1 and Group 2 Available Funds and each the Class A Certificate Interest Rate for the related Distribution Date; (ii) The Class A Certificate Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report pursuant to subclause (xii) below, or, in the case of the first Determination Date, the Original Class A Certificate Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of the Mortgage Loans in each GroupLoans; (iii) The number and Principal Balances of all Mortgage Loans and of the Mortgage Loans in each GroupLoans, that were the subject of Principal Prepayments during the Due Period; (iv) The amount of all Curtailments in each Group that were received during the Due Period; (v) The principal portion of all Monthly Payments for each Group received during the Due Period; (vi) The amount of interest received on the Mortgage Loans in each GroupLoans; (vii) The amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date for each GroupDate; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount for each Class of the Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each GroupAmounts, if any, to be paid on the Distribution Date; (xi) The amount to be distributed to the Class R C Certificateholders for the Distribution Date; (xii) The Class A Certificate Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Groupthe Mortgage Loans, each after giving effect to the distribution to be made on the Distribution Date; (xiii) The weighted average remaining term to maturity of the Mortgage Loans in each Group and the weighted average Loan Rate in each GroupRate; (xiv) The Servicing Fee, the Trustee Fee for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01; (xv) The amount of all payments or reimbursements to the Servicer pursuant to Section 3.03; (xvi) The Pool Factor for each Group determined using the balances in subclause (ii) above; (xvii) The amount, if any, transferred from the Simple Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each GroupAmount, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R C Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R C Certificateholders pursuant to Section 5.01(a)(ix5.01(a)(viii); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The amount of Class A-2 A Available Funds CarryforwardCap Carryover Amount distributed to the Class A Certificates from the Basis Risk Reserve Fund, stating separately any amounts received from the Corridor Contract Counterparty with respect to the Corridor Contract and the amount of Class A Available Funds Cap Carryover Amount remaining if any, after giving effect to all distributions on such Distribution Date; (xxiv) The amount on deposit in the Basis Risk Reserve Fund, the Required Basis Risk Reserve Fund Deposit and the amount of any withdrawal from such Account for the Distribution Date distributed to the Class C Certificates; (xxv) The amount of Class Interest Carryover Shortfall relating to each Class of the Class A Certificates and the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principal; and; (xxvxxvi) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof; (xxvii) During the Funding Period, the amount used to acquire Subsequent Mortgage Loans since the preceding Distribution Date and the remaining Pre-Funded Amount after acquiring Subsequent Mortgage Loans; and (xxviii) During the Funding Period, the amount on deposit in the Interest Coverage Account after the Distribution Date and the Capitalized Interest Required Amount for such Distribution Date. The Trustee shall make such report available to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at 4▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “M▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” ) on its internet website on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer. To the extent that there are inconsistencies between the telecopy copy of the Trustee’s Remittance Report posted on its website and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may rely upon the latterformer. In the case of information furnished pursuant to subclauses (ii) and (ix) 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.

Appears in 1 contract

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

Statements. Not Each month for so long as a Class of Auction Rate Certificates is Outstanding, not later than 12:00 noon California New York time on the fourth Business Day following the last day of a Due PeriodAuction Reporting Date, the Servicer shall deliver to the Trustee a computer tape containing Certificate Insurer and the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination Date, the Trustee shall deliver to the Servicer, the Depositor and to the Certificate InsurerTrustee, by telecopy, the receipt and legibility of which shall be confirmed telephonically, with a hard copy thereof to be delivered on the succeeding Distribution Business Day following the Determination Date, a statement certificate signed by a Servicing Officer stating the date (day, month and year), the “Trustee’s Series number of the Certificates, the date of this Agreement, and the amount to be distributed on the upcoming Remittance Report”) containing Date to each Class of Auction Rate Certificates as a payment of principal. Each month, not later than 12:00 noon New York time on the information set forth below (Determination Date, the Servicer shall deliver to the extent any such information Certificate Insurer and to the Trustee, by telecopy, for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit R (both in hard copy and in computer tape form) to be delivered on the Business Day following the Determination Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the Servicer pursuant to date (day, month and year), the first sentence Series number of the Certificates, the date of this Section 5.01(a) has been so delivered) with respect to such Distribution DateAgreement, and the following: (i) The Group 1 and Group 2 the Pool Available Funds and Remittance Amounts for each Certificate Rate Pool for the related Distribution Remittance Date; (ii) The the Class Principal Balance of Balances for each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report Servicer's Certificate pursuant to subclause (xiixv) below, or, in the case of the first Determination Date, the Original Class Certificate Principal Balance of for each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of the Mortgage Loans in each GroupCertificates; (iii) The the Pool Principal Distribution Amounts for each Pool for the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Class A Certificates; (iv) the total amount of any Insured Payments included in the Pool Available Remittance Amount for each Pool for the related Remittance Date; (v) the Subordinated Amount and Specified Subordinated Amount for the related Remittance Date, listed separately for each Pool; (vi) the number and Principal Balances of all Mortgage Loans and of the Mortgage Loans in each Group, that Pool which were the subject of Principal Prepayments during the Due Period; (ivvii) The the amount of all Curtailments in each Group that which were received during the Due Period, stated separately for each Pool; (vviii) The principal portion the aggregate amount of all Excess Payments and the amounts of Monthly Payments for each Group in respect of principal received during the Due Period, stated separately for each Pool; (viix) The the amount of interest received on the Mortgage Loans in Loans, stated separately for each GroupPool; (viix) The the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Certificate Accounts pursuant to Section 6.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date Date, in each case stated separately for each GroupPool; (viiixi) The the delinquency and foreclosure information set forth in the form attached hereto as Exhibit LO, stated separately for each Pool; (ixxii) The the amount of any Realized Losses incurred during the related Due Period, stated separately for each Pool; (xiii) the Pool Remittance Amount Amounts for each Pool for the Remittance Date, in the aggregate and by component and listed separately for the portions relating to each Class of Class A Certificates in the related Pool and, with respect to the Auction Rate Certificates, the amount otherwise required to be distributed thereon with respect to principal and Class A-IO Certificates retained in the Certificate Account for the Distribution Date with the components thereof stated separatelyPool II pursuant to Section 6.08(f); (xxiv) The amount of the Insured Reimbursable Amounts for each Group, if any, and the Class X Remittance Amount payable pursuant to be paid on Section 6.08(d)(iii) and (v) with respect to the Distribution Remittance Date; (xixv) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Principal Balance of for each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Pool Principal Balance of for each Group, each Pool after giving effect to the distribution to be made on the Distribution Remittance Date and after allocation of Realized Losses made on such Remittance Date; (xiiixvi) The weighted average remaining term the Monthly Excess Spread Percentage, the Excess Spread, and the Remainder Excess Spread Amount allocable to maturity of the Mortgage Loans Reimbursable Amounts and Class R Certificateholders pursuant to Section 5.04(f) (in each Group case, in the aggregate and stated separately for each Pool); (xvii) the Cumulative Realized Losses, stated separately for each Pool, with respect to the Remittance Date; (xviii) the weighted average Loan Rate in maturity and weighted average Interest Rate, stated separately for each GroupPool; (xivxix) The the Servicing Fee Fees, the Contingency Fees, the Auction Agent Fees and amounts to be deposited to the Expense Accounts and the Insurance Accounts, in each case, as applicable, stated separately for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01Pool; (xvxx) The the amount of all payments or and reimbursements to the Servicer pursuant to Section 3.035.04(b), (c), (d)(ii), (e) and (f)(i), stated separately with respect to each Pool; (xvixxi) The the Class Pool Factor for each Group Class determined using the balances in subclause (iixv) above; (xviixxii) The amountthe weighted average Mortgage Interest Rate and Adjusted Mortgage Interest Rate of the Mortgage Loans for each Pool and the weighted average Class Adjusted Loan Remittance Rates for each Pool, in each case for the related Remittance Date, and the weighted average Mortgage Interest Rate for the prior three month period; (xxiii) the Class A-9 and Class A-10 Remittance Rates with respect to the Remittance Date and if either of the Class A-9 or Class A-10 Remittance Rate was based on the Net Funds Cap, what it would have been if based on LIBOR plus the applicable Margin or the Auction Rate, as the case may be; (xxiv) the rate of LIBOR and the Auction Rate with respect to the Remittance Date; (xxv) the Net Funds Cap for Pool II applicable to each Class of Pool II Certificates with respect to the Remittance Date; (xxvi) if the Remittance Rate for a Class of Pool II Certificates for such Remittance Date is based on the Net Funds Cap, the amount of any Certificateholders' Interest Carryover for such Class for such Remittance Date; (xxvii) the amount of the distribution, if any, transferred from allocable to Certificateholders' Interest Carryover and the Simple amount of any Certificateholders' Interest Excess Account Carryover for all prior Remittance Dates after giving effect to such distribution (in each case, stated separately by Class and in the aggregate); (xxviii) [Reserved] (xxx) [Reserved] (xxxi) [Reserved] (xxxii) [Reserved] (xxxiii) [Reserved] (xxxiv) [Reserved] (xxxv) Such other information as the Certificate Insurer and the Certificateholders may reasonably require. The Trustee shall forward such report to the Distribution Certificateholders and the Certificate Insurer on the Remittance Date, together with a separate report indicating the amount of funds deposited in each Certificate Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess 6.01(a)(iv); and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the SellerRepresentative, as appropriate, pursuant to Section 5.01(a)(ivSections 6.03(c)(i), 6.03(c)(ii), 6.04(b)(iv) and 6.08(d)(iii) (all reports prepared by the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number Trustee of Mortgage Loans such withdrawals and deposits will be based in each Group outstanding at whole or in part upon the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Date; (xxiv) The amount of Class Interest Carryover Shortfall relating to each Class of Class A Certificates and the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principal; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make such report available information provided to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer). To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report Servicer's Certificate and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may Trustee shall be entitled to rely upon the lattertelecopy. In the case of information furnished pursuant to subclauses (ii), (vi), (vii), (viii), (xiii), (xv) and (ix) xxii), above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each per $1,000 (or, in the case of the Auction Rate Certificates, per $25,000) original dollar amount as of the Cut-Off Date. Additionally, on the Special Remittance Date the Trustee shall, based upon information received from the Servicer, forward to the Certificateholders, the Certificate Insurer and the Rating Agencies, a report setting forth the amount of principal and interest, if any, being paid to each Class of Class A Certificates on the Special Remittance Date. (a) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class A Certificateholder such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xix) and (xxxv), above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. (b) On each Remittance Date and the Special Remittance Date, the Trustee shall forward to the Class X and Class R Certificateholders a copy of the report forwarded to the Certificateholders of each Pool in respect of such Remittance Date or the Special Remittance Date, as the case may be, and a statement setting forth the amounts actually distributed to the Class X and Class R Certificateholders, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriate. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class X or Class R Certificateholder such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class X or R Certificateholder, as applicable. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A Certificateholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Mortgage Loans sufficient to permit such Class A Certificateholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A Certificates. (e) The Servicer shall furnish to each Certificateholder and the Certificate Insurer, 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 the Certificate Insurer, 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 as the Certificateholder or the Certificate Insurer may reasonably require; provided, that the Servicer shall be entitled to be reimbursed by such Certificateholder or the Certificate Insurer for the Servicer's actual expenses incurred in providing such reports if such reports are not producible in the ordinary course of the Servicer's business.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Money Store Home Equity Corp)

Statements. Not Each month, not later than 12:00 noon California New York time on the fourth Business Day following the last day of a Due PeriodDetermination Date, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination Date, the Trustee shall deliver to the Servicer, the Depositor Certificate Insurer and to the Certificate InsurerTrustee, by telecopy, for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonically, with a hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Ex hibit R (both in hard copy and in computer tape form) to be delivered on the succeeding Distribution Business Day following the Determination Date, a statement certificate signed by a Servicing Officer (a "Servicer's Certifi cate") stating the “Trustee’s Remittance Report”) containing date (day, month and year), the information set forth below (to Series number of the extent any such information to be delivered by Certificates, the Servicer pursuant to the first sentence date of this Section 5.01(a) has been so delivered) with respect to such Distribution DateAgreement, and the following: (i) The Group 1 and Group 2 the Pool Available Funds and Remittance Amounts for each Certificate Rate Pool for the related Distribution Remittance Date; (ii) The the Class Principal Balance of Balances for each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report Servicer's Certificate pursuant to subclause (xiixv) below, or, in the case of the first Determination Date, the Original Class Certificate Principal Balance of for each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of the Mortgage Loans in each GroupCertificates; (iii) The the Pool Principal Distribution Amounts for each Pool for the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Class A Certificates; (iv) the total amount of any Insured Payments included in the Pool Available Remittance Amount for each Pool for the related Remittance Date; (v) the Subordinated Amount and Specified Subordinated Amount for the related Remittance Date, listed separately for each Pool; (vi) the number and Principal Balances of all Mortgage Loans and of the Mortgage Loans in each Group, that Pool which were the subject of Principal Prepayments during the Due Period; (ivvii) The the amount of all Curtailments in each Group that which were received during the Due Period, stated separately for each Pool; (vviii) The principal portion the aggregate amount of all Excess Payments and the amounts of Monthly Payments for each Group in respect of principal received during the Due Period, stated separately for each Pool; (viix) The the amount of interest received on the Mortgage Loans in Loans, stated separately for each GroupPool; (viix) The the amount of the Monthly Advances to be made on the Determination Date, the portion of the Monthly Advances to be deposited in the Certificate Accounts pursuant to Section 6.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date Date, in each case stated separately for each GroupPool; (viiixi) The the delinquency and foreclosure information set forth in the form attached hereto as Exhibit LO, stated separately for each Pool; (ixxii) The the amount of any Realized Losses incurred during the related Due Period, stated separately for each Pool; (xiii) the Pool Remittance Amount Amounts for each Pool for the Remittance Date, in the aggregate and by component and listed separately for the portions relating to each Class of Class A and Class A-IO Certificates for in the Distribution Date with the components thereof stated separatelyrelated Pool; (xxiv) The amount of the Insured Reimbursable Amounts for each Group, if any, and the Class X Remittance Amount payable pursuant to be paid on Section 6.08(d)(iii) and (v) with respect to the Distribution Remittance Date; (xixv) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Principal Balance of for each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Pool Principal Balance of for each Group, each Pool after giving effect to the distribution to be made on the Distribution Remittance Date and after allocation of Realized Losses made on such Remittance Date; (xiiixvi) The weighted average remaining term the Monthly Excess Spread Percentage, the Excess Spread, and the Remainder Excess Spread Amount allocable to maturity of the Mortgage Loans Reimbursable Amounts and Class R Certificateholders pursuant to Section 5.04(f) (in each Group case, in the aggregate and stated separately for each Pool); (xvii) the Cumulative Realized Losses, stated separately for each Pool, with respect to the Remittance Date; (xviii) the weighted average Loan Rate in maturity and weighted average Interest Rate, stated separately for each GroupPool; (xivxix) The the Servicing Fee Fees, the Contingency Fees and amounts to be deposited to the Expense Accounts, the Insurance Accounts and the FHA Premium Account, in each case, as applicable, stated separately for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01Pool; (xvxx) The the amount of all payments or and reimbursements to the Servicer pursuant to Section 3.035.04(b), (c), (d)(ii), (e) and (f)(i), stated separately with respect to each Pool; (xvixxi) The the Class Pool Factor for each Group Class determined using the balances in subclause (iixv) above; (xviixxii) The amountthe weighted average Mortgage Interest Rate and Adjusted Mortgage Interest Rate of the Mortgage Loans for each Pool and the weighted average Class Adjusted Loan Remittance Rates for each Pool, in each case for the related Remittance Date, and the weighted average Mortgage Interest Rate for the prior three month period; (xxiii) the Class A-10 and Class A-11 Remittance Rates with respect to the Remittance Date and if either of the Class A-10 or Class A-11 Remittance Rates was based on the applicable Net Funds Cap for the related Pool, what it would have been if based on LIBOR plus the applicable Margin; (xxiv) the rate of LIBOR with respect to the Remittance Date; (xxv) the Net Funds Cap for Pool II and Pool III with respect to the Remittance Date; (xxvi) if the Remittance Rate for a Class of Pool II Certificates for such Remittance Date is based on the Net Funds Cap, the amount of any Certificateholders' Interest Carryover for such Class for such Remittance Date; (xxvii) the amount of the distribution, if any, transferred allocable to Certificateholders' Interest Carryover and the amount of any Certificateholders' Interest Carryover for all prior Remittance Dates after giving effect to such distribution (in each case, stated separately by Class and in the aggregate); (xxviii) The amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer and/or the Certificate Insurer from the Simple Interest Excess Account to the Distribution FHA Premium Account pursuant to Section 5.03 6.06(b)(i); (xxix) The amount of FHA Payments and from Related Payments received during the Spread Account related Due Period; (xxx) The Reserve Amount for the related Remittance Date; (xxxi) Claims filed during the Due Period; (xxxii) Claims paid during the Due Period; (xxxiii) Claims denied by the FHA during the Due Period; (xxxiv) Claims pending payment by the FHA during the Due Period; and (xxxv) Such other information as the Certificate Insurer and the Certificateholders may reasonably require. The Trustee shall forward such report to the Distribution Certificateholders and the Certificate Insurer on the Remittance Date, together with a separate report indicating the amount of funds deposited in each Certificate Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess 6.01(a)(iv); and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the SellerRepresentative, as appropriate, pursuant to Section 5.01(a)(ivSections 6.03(c)(i), 6.03(c)(ii), 6.04(b)(iv) and 6.08(d)(iii) (all reports prepared by the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number Trustee of Mortgage Loans such withdrawals and deposits will be based in each Group outstanding at whole or in part upon the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxii) The amount of losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for the Mortgage Loans in each Group as a percentage of the related Cut-Off Date Principal Balance; (xxiii) The Class A-2 Available Funds Carryforward, if any, after giving effect to all distributions on such Distribution Date; (xxiv) The amount of Class Interest Carryover Shortfall relating to each Class of Class A Certificates and the Class A-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principal; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make such report available information provided to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on or the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the ServicerClaims Administrator). To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report Servicer's Certificate and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may Trustee shall be entitled to rely upon the lattertelecopy. In the case of information furnished pursuant to subclauses (ii), (vi), (vii), (viii), (xiii), (xv) and (ix) xxii), above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Class for each per $1,000 original dollar amount as of the Cut-Off Date. Additionally, on the Special Remittance Date the Trustee shall, based upon information received from the Servicer, forward to the Certificateholders, the Certificate Insurer and the Rating Agencies, a report setting forth the amount of principal and interest, if any, being paid to each Class of Class A Certificates on the Special Remittance Date. (a) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class A Certificateholder such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ix), (xiii), (xix) and (xxxv), above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time are in force. (b) On each Remittance Date and the Special Remittance Date, the Trustee shall forward to the Class X and Class R Certificateholders a copy of the report forwarded to the Certificateholders of each Pool in respect of such Remittance Date or the Special Remittance Date, as the case may be, and a statement setting forth the amounts actually distributed to the Class X and Class R Certificateholders, on such Remittance Date together with such other information as the Servicer provides and deems necessary or appropriate. (c) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class X or Class R Certificateholder such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class X or R Certificateholder, as applicable. Such obligation of the Servicer shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code as from time to time in force. (d) Upon reasonable advance notice in writing, the Servicer will provide to each Class A Certificateholder which is a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding the Mortgage Loans sufficient to permit such Class A Certificateholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A Certificates. (e) The Servicer shall furnish to each Certificateholder and the Certificate Insurer, 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 the Certificate Insurer, 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 as the Certificateholder or the Certificate Insurer may reasonably require; provided, that the Servicer shall be entitled to be reimbursed by such Certificate holder or the Certificate Insurer for the Servicer's actual expenses incurred in providing such reports if such reports are not producible in the ordinary course of the Servicer's business.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Money Store Trust 1996-D)

Statements. Not later than 12:00 noon California time (a) On each Distribution Date, based, as applicable, on information provided to it by the fourth Business Day following the last day of a Due Period, the Servicer shall deliver to the Trustee a computer tape containing the information set forth on Exhibit D as to each Mortgage Loan as of such Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon California time on the Determination DateServicer, the Trustee shall deliver prepare and make available to each Holder of the ServicerRegular Certificates, the Depositor Swap Counterparties, the Servicer and to the Certificate Insurer, by telecopy, with a hard copy thereof to be delivered on the succeeding Distribution DateRating Agencies, a statement (the “Trustee’s Remittance Report”) containing the information set forth below (as to the extent any such information to be delivered by the Servicer pursuant to the first sentence of this Section 5.01(a) has been so delivered) with respect to distributions made on such Distribution Date: (i) The Group 1 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 Group 2 Available Funds and each Certificate Rate for the related Distribution Dateamount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges; (ii) The Class Principal Balance the amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report pursuant P Certificates) allocable to subclause (xii) belowinterest, or, in the case of the first Determination Date, the Original Class Certificate Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of the Mortgage Loans in each Groupseparately identified; (iii) The number and Principal Balances the Pool Balance of all the Group I Mortgage Loans, the Group II Mortgage Loans and of the Group III Mortgage Loans in each Group, that were the subject of Principal Prepayments during the Due Period; (iv) The amount of all Curtailments in each Group that were received during the Due Period; (v) The principal portion of all Monthly Payments for each Group received during the Due Period; (vi) The amount of interest received on the Mortgage Loans in each Group; (vii) The amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date for each Group; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xi) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Date; (xiii) The weighted average remaining term to maturity of the Mortgage Loans in each Group and the weighted average Loan Rate in each Group; (xiv) The Servicing Fee for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01; (xv) The amount of all payments or reimbursements to the Servicer pursuant to Section 3.03; (xvi) The Pool Factor for each Group determined using the balances in subclause (ii) above; (xvii) The amount, if any, transferred from the Simple Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01; (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Group outstanding at the beginning and Close of Business at the end of the related Due Period; (xxiiv) The amount on deposit in each sub-account the number, aggregate principal balance, and weighted average Mortgage Rate of the Spread Account after Mortgage Loans as of the Distribution Daterelated Determination Date and the number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment Period; (xxiiv) The amount the number and aggregate unpaid principal balance of losses experienced on the Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in each Group 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 (C) REO Properties; (vi) the aggregate amount of Principal Prepayments made during the preceding Due related Prepayment Period; (vii) the aggregate amount of Realized Losses incurred during the related Prepayment Period and the cumulative losses for the Mortgage Loans in each Group as a percentage amount of the related Cut-Off Date Principal BalanceRealized Losses; (xxiiiviii) The the Certificate Principal Balance of each class of the Class A-2 Available Funds CarryforwardA Certificates, if anyeach class of the Mezzanine Certificates, each class of the Class B Certificates and the Class O Certificates, after giving effect to all the distributions made on such Distribution Date; (xxivix) The the Unpaid Interest Shortfall Amount, if any, with respect to each class of the Class A Certificates, each class of the Mezzanine Certificates and each class of Class B Certificates for such Distribution Date; (x) 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 3.25; (xi) the Credit Enhancement Percentage for such Distribution Date; (xii) the Available Funds Cap Carryforward Amount for each class of the Class Interest Carryover Shortfall relating A Certificates, each class of the Mezzanine Certificates and each class of the Class B Certificates if any, for such Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date; (xiii) the respective Pass-Through Rates applicable to each Class class of the Class A Certificates, each class of the Mezzanine Certificates and the Class AB Certificates for such Distribution Date and the Pass-IO Through Rate applicable to each class of the Class A Certificates, separately stating each class of the Mezzanine Certificates and each class of the Class B Certificates for the immediately succeeding Distribution Date; (xiv) the Supplemental Interest Payment for each Class on such Distribution Date; (xv) the difference between (x) the sum of (i) aggregate notional amount that is allocable to each of the Swap Agreements and (ii) the aggregate notional amount of the Cap Agreements and (y) the aggregate Certificate Principal Balance of the Underwritten Certificates on such Class and Distribution Date; (xvi) the amount allocable to interest and principalRequired Overcollateralization Amount for such Distribution Date; and (xxvxvii) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred and specifying the details thereof. The Trustee shall make Excess Cashflow for such report available to the Servicer, the Depositor, the Certificateholders, the Certificate Insurer, the Rating Agencies and Bloomberg (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: [________]) on its internet website located at “▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution method are entitled to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Date. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer. To the extent that there are inconsistencies between the telecopy of the Trustee’s Remittance Report and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may rely upon the latter. In the case of information furnished pursuant to subclauses (iii) and (ixii) 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 CutClosing Date. The Trustee may, in the absence of manifest error, conclusively rely upon the Determination Date Report of the Servicer in its preparation of the statement to Certificateholders pursuant to this Section 4.03. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall, upon written request, furnish to each Person who at any time during the calendar year was a Certificateholder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (i) 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 forward to 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 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 post on its website at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇\sfr, which posting shall be accessible to each Certificateholder and the Swap Counterparty, the statement prepared pursuant to paragraph (a) of this Section 4.03. Assistance in using the website can be obtained by calling the Trustee's customer service desk at ▇-Off ▇▇▇-▇▇▇-▇▇▇▇. Such 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 Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or accessible to the above parties and the Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The Trustee shall not have any responsibility to (i) verify information provided by the Servicer to be included in such statement or (ii) include any information required to be included in such statement if the Servicer has failed to timely produce such information to the Trustee, as required pursuant hereto. (f) No later than noon on the second Business Day prior to each Distribution Date, the Trustee will verify that no Notional Amount Test Event is scheduled to occur on the related Distribution Date. In the event a Notional Amount Test Event would otherwise occur on the related Distribution Date, the Trustee will immediately provide notice in the form of Exhibit J to the appropriate NovaStar entity and assign in $10,000,000 increments a portion of the related notional amount from the affected Swap Agreement on the day immediately preceding that Distribution Date until no Notional Amount Test Event will occur on the related Distribution Date. The Trustee shall assign the applicable notional amount from the Swap Agreement with the earliest maturity. In the event that two or more Swap Agreements have the same maturity date, which date is the earliest maturity date of the outstanding Swap Agreements, the Trustee shall assign the applicable notional amounts from the Swap Agreement with the lowest fixed rate. Once such notional amounts have been assigned back to the appropriate NovaStar entity, the related Swap Counterparty will have no obligation to, nor interest in, the Trust with respect to such notional amounts. Furthermore, no distributions will be made from the Supplemental Interest Trust I to the related Swap Counterparty in respect of notional amounts assigned under this Section 4.03 (f). In no event shall the Trustee allow a Notional Amount Test Event to occur on any Distribution Date.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Novastar Mortgage Funding Corp Home Equity Loan Ser 2003-4)

Statements. (a) Not later than 12:00 noon 1:00 p.m., California time time, on the fourth fifth Business Day following the last day of a Due Periodprior to each Distribution Date, the Servicer shall deliver to the Trustee by electronic modem a computer tape file containing the information set forth on Exhibit D as to each Mortgage Loan called for by clauses (i) through (xxv) below as of such the end of the preceding Due Period and such other information as the Trustee shall reasonably require. Not later than 12:00 noon 1:00 p.m., California time time, on the each Determination Date, the Trustee shall deliver to the Servicer, the Depositor Certificate Insurer and to the Certificate Insurer, Seller by telecopy, with a hard copy thereof to be delivered on the succeeding Distribution Date, a confirmation of the items in clause (i) below. Not later than one Business Day prior to each Distribution Date the Trustee shall deliver a statement (the "Trustee’s 's Remittance Report") containing the information set forth below (to the extent any such information to be delivered by the Servicer pursuant to the first sentence of this Section 5.01(a) has been so delivered) with respect to such Distribution Date, which information shall be based upon the information furnished by the Servicer upon which the Trustee shall conclusively rely without independent verification or calculation thereof: (i) The Group 1 and Group 2 Available Funds for each Certificate Group and each Class's Certificate Rate for the related Distribution Date; (ii) The the aggregate amount of the distribution to each Class of Certificates on such Distribution Date; (iii) the amount of the distribution set forth in paragraph (i) above in respect of interest and the amount thereof in respect of any Class Interest Carryover Shortfall, and the amount of any Class Interest Carryover Shortfall remaining; (iv) the amount of the distribution set forth in paragraph (i) above in respect of principal and the amount thereof in respect of the Class Principal Carryover Shortfall, and any remaining Class Principal Carryover Shortfall; (v) the amount of Excess Interest for each Loan Group paid as principal; (vi) the Servicing Fee, the Premium Amount and the Reimbursement Amount; (vii) the Loan Group Balance of each Loan Group and the Pool Balance, in each case as of the close of business on the last day of the preceding Due Period; (viii) the Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Trustee’s Remittance Report pursuant after giving effect to subclause (xii) below, or, in the case of the first Determination Date, the Original Class Certificate Balance of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A-IO Certificates and the related Cut-Off Date Principal Balance of the Mortgage Loans in each Grouppayments allocated to principal above; (iiiix) the Overcollateralization Amount and the Required Overcollateralization Amount as of the close of business on the Distribution Date, after giving effect to distributions of principal on such Distribution Date; (x) the amount of the Insured Payments, if any, to be made on such Distribution Date; (xi) The number and Principal Balances of all Mortgage Loans and of the Mortgage Loans in each Group, Loan Group that were the subject of Principal Prepayments during the Due Period; (ivxii) The amount of all Curtailments in each Loan Group that were received during the Due Period; (vxiii) The principal portion of all Monthly Payments for in each Loan Group received during the Due Period; (vixiv) The amount interest portion of interest all Monthly Payments in each Loan Group received on the Mortgage Loans in each Groupduring the Due Period; (viixv) The For each Certificate Group, the amount of the Monthly Advances and the Compensating Interest payment to be made on the Determination Date for each Group; (viii) The delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (ix) The Remittance Amount for each Class of Class A and Class A-IO Certificates for the Distribution Date with the components thereof stated separately; (x) The amount of the Insured Amounts for each Group, if any, to be paid on the Distribution Date; (xixvi) The amount to be distributed to the Class R Certificateholders for the Distribution Date; (xii) The Class Principal Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A-IO Certificates and the Aggregate Principal Balance of each Group, each after giving effect to the distribution to be made on the Distribution Date; (xiiixvii) The weighted average remaining term to maturity of the Mortgage Loans in each Loan Group and the weighted average Loan Rate in each GroupRate; (xiv) The Servicing Fee for each Group and the amount to be paid to the Certificate Insurer pursuant to Section 5.01; (xvxviii) The amount of all payments or reimbursements to the Servicer pursuant to Section 3.03; Sections 3.03(ii) and (xvi) The Pool Factor for each Group determined using the balances in subclause (ii) above; (xvii) The amount, if any, transferred from the Simple Interest Excess Account to the Distribution Account pursuant to Section 5.03 and from the Spread Account to the Distribution Account pursuant to Section 4.01; (xviii) The percentage of the related Excess Spread used to determine the Monthly Excess Spread Amount for each Group, the Excess Spread for each Group, the Monthly Excess Spread Amount for each Group, the Spread Account Excess and the allocation of the Spread Account Excess to Reimbursable Amounts, Monthly Advances and Class R Certificateholders pursuant to Section 4.01vi); (xix) The amounts which are reimbursable to the Servicer or the Seller, as appropriate, pursuant to Section 5.01(a)(iv) and the amount paid to Class R Certificateholders pursuant to Section 5.01(a)(ix); (xx) The number of Mortgage Loans in each Loan Group outstanding at the beginning and at the end of the related Due Period; (xxi) The amount on deposit in each sub-account of the Spread Account after the Distribution Date; (xxiixx) The amount of losses Liquidation Loan Losses experienced on the Mortgage Loans in each Group during the preceding Due Period and the cumulative losses for Loan Losses and the Mortgage Loans in each Group Cumulative Net Losses as a percentage of the related Cut-Off Date Pool Balance; (xxi) For each Loan Group, as of the end of the preceding calendar month, the number and Principal BalanceBalance of Mortgage Loans which are 30-59 days delinquent; the number and Principal Balance of Mortgage Loans which are 60-89 days delinquent; the number and Principal Balance of Mortgage Loans which are 90 or more days delinquent (including the number and Principal Balance of Mortgage Loans which are in foreclosure; the number and Principal Balance of Mortgage Loans in bankruptcy; and the number and Principal Balance of Mortgage Loans which are REO Property, each separately set forth); (xxii) any LIBOR Carryover distributed and any remaining LIBOR Carryover; (xxiii) The Class A-2 Available Funds CarryforwardFor each Loan Group, if anythe number and aggregate Principal Balance of Mortgage Loans, after giving effect to all distributions on such Distribution Dateother than Mortgage Loans in default or imminent default, that were modified by the Servicer during the related Due Period; (xxiv) The amount of Class Interest Carryover Shortfall relating to For each Class of Class A Certificates and Pre-Funding Distribution Date, the Class Aremaining Allocated Pre-IO Certificates, separately stating the amount that is allocable to each such Class and the amount allocable to interest and principalFunded Amount; and (xxv) Whether a Servicer Termination Delinquency Event or a Servicer Termination Loss Event has occurred The amount of Class B Cap Carryover distributed to the Class B Certificates and specifying the details thereofamount of Class B Cap Carryover remaining. The Trustee shall make forward such report available to the Servicer, the Depositor, the CertificateholdersSeller, the Certificate Insurer, the Certificateholders, the Rating Agencies and Agencies, Bloomberg (at 499 Park Avenue, New York, New York 10022, Attention: Mike Geller) ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇ (▇▇ ▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇e, Attention: [________]) on its internet website located at “▇▇▇.Needham, M▇▇▇▇▇▇▇▇▇▇▇s 02144, Attention: Harold ▇▇▇.▇▇.▇▇▇” on the related Distribution Date. Assistance in using the website can be obtained by calling the Trustee’s investor relations desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties ▇▇▇▇▇▇▇▇ ▇▇▇▇; ▇▇▇▇▇▇▇▇, ▇owever, that are unable ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇ll remove from the report the Premium Amount to use be paid to the above distribution method are entitled Certificate Insurer prior to have a paper copy mailed to them via first class mail by calling the investor relations desk and indicating such. In addition, together with such report, the Trustee shall forward submission to Bloomberg a copy of the computer tape delivered by the Servicer on the Distribution Dateand Intex Solutions. The Trustee may fully rely upon and shall have no liability with respect to information provided by the Servicer. The Servicer shall calculate all items in clauses (i) - (xxv) above. To the extent that there are inconsistencies between the telecopy of the Trustee’s 's Remittance Report and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Servicer may rely upon the latter. In the case of information furnished pursuant to subclauses (ii), (iii), (iv) and (ixvi) 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 related Cut-Off Date. (b) Within a reasonable period of time after the end of each calendar year, the Trustee shall furnish to each Person who at any time during the calendar year was a Holder of a Regular Certificate, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (iii) and (iv) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared and furnished by the Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time. (c) On each Distribution Date, the Trustee shall forward to the Class R Certificateholders a copy of the reports forwarded to the Holders of the Regular Certificates in respect of such Distribution Date and a statement setting forth the amounts actually distributed to the Class R Certificateholders on such Distribution Date together with such other information as the Trustee deems necessary or appropriate. (d) Within a reasonable period of time after the end of each calendar year, the Trustee shall deliver to each Person who at any time during the calendar year was a Class R Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a Class R Certificateholder. Such obligation of the Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be prepared 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 each Certificateholder and to the Certificate Insurer (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 to the Certificate Insurer 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 or the Certificate Insurer may reasonably require; PROVIDED that the Servicer and the Trustee shall be entitled to be reimbursed by such Certificateholder or the Certificate Insurer 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 for the internal use of the Certificate Insurer and its counsel or to the Rating Agencies, the Certificate Insurer's reinsurers, parent, regulators, liquidity providers and auditors, PROVIDED that the Certificate Insurer shall attempt in good faith to cause such additional Persons to acknowledge in writing the foregoing restrictions, and in connection with the purposes and requirements of this Agreement. 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.

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Sources: Pooling and Servicing Agreement (Delta Funding Corp /De/)