Statements. Each month, not later than 12:00 noon New York time on the Determination Date, the Servicer shall deliver to the 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 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 Business Day following the Determination Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following: (i) the Available Remittance Amounts for the related Remittance Date; (ii) the Class Principal Balances for each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notes; (iii) 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 Loans which were the subject of Principal Prepayments during the Due Period; (vii) the amount of all Curtailments which were received during the Due Period; (viii) the aggregate amount of all Excess Payments and the amounts of Monthly Payments in respect of principal received during the Due Period; (ix) the amount of interest received on the Loans; (x) 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; (xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit L; (xii) 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, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Date; (xvi) the calculation of the Trigger Event, including the various components thereof; (xvii) the Cumulative Realized Losses, with respect to the Remittance Date; (xviii) 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 and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f); (xxi) the Class Factor for each Class determined using the balances in subclause (xv) above; (xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, 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 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (ii), (viii) and (xiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount 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. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, based, as applicable, on information provided to it by the Servicer Servicer, the Trustee shall deliver prepare and make available to each Holder of the Regular Certificates, the Servicer, the Certificate Insurer and the Rating Agencies, a statement as to the 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 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 distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of the Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) 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 Notesreserved;
(iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Servicer with respect to the related Remittance Date Period (by Class separately identifying Servicing Fees and in other servicing compensation) and such other customary information as the aggregate)Trustee reasonably deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DatePeriod;
(vi) the number and Principal Balances Pool Balance at the Close of all Loans which were Business at the subject end of Principal Prepayments during the Due related Remittance Period;
(vii) the amount number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of all Curtailments which were received during the Due PeriodMortgage Loans as of the related Determination Date;
(viii) the number and aggregate amount unpaid Stated Principal Balance of all Excess Payments 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 amounts Close of Monthly Payments in respect Business on the last day of principal received during the Due Periodcalendar month preceding such Distribution Date, and (b) the related Mortgaged Properties of which are REO Properties;
(ix) the amount total number and cumulative Stated Principal Balance of interest received on all REO Properties as of the LoansClose of Business of the last day of the preceding Prepayment Period;
(x) the aggregate amount of Principal Prepayments made during 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 Daterelated Prepayment Period;
(xi) the delinquency aggregate amount of Realized Losses incurred during the related Prepayment Period and foreclosure information set forth in the form attached hereto as Exhibit Lcumulative amount of Realized Losses;
(xii) the aggregate amount of any Realized Losses incurred Subsequent Recoveries received during the related Due Period;Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date
(xiii) the Available Remittance Amounts for aggregate Certificate Principal Balance of each Class of Regular Certificates after giving effect to the Remittance Datedistributions, and allocations of Realized Losses, made on such Distribution Date separately identifying any reduction thereof due to allocations of Realized Losses (in the aggregate case of the Subordinated Certificates and by componentthe Class C Certificates);
(xiv) the Reimbursable Amounts and Certificate Factor for each Class of the GP Remittance Amount payable with respect Regular Certificates applicable to the Remittance such Distribution Date;
(xv) the Accrued Certificate Interest for the Class Principal Balance for each Class of Class AA Certificates, Class M and Class B Notes the Subordinated Certificates and the Pool Balance after giving effect Class C Certificates for such Distribution Date and Unpaid Interest Shortfall Amount, if any, with respect to the distribution to be made on Class A Certificates and the Remittance Date and after allocation of the Applied Realized Loss Amount made on Subordinated Certificates for such Remittance Distribution Date;
(xvi) the calculation aggregate amount of the Trigger Event, including the various components thereofany Net Prepayment Interest Shortfalls for such Distribution Date;
(xvii) the Cumulative Realized Losses, with respect to the Remittance aggregate amount of any Relief Act Interest Shortfalls for such Distribution Date;
(xviii) the amount, if any, by which Overcollateralized Amount and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Excess Overcollateralization Amount for such Remittance Distribution Date;
(xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium AccountCredit Enhancement Percentage for such Distribution Date;
(xx) the Net WAC Rate Carryover Amount for the Class A Certificates and the Subordinated Certificates, if any, for such Distribution Date and the amount of all remaining unpaid after payments and reimbursements to from the Servicer Excess Reserve Fund Account are made pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f4.01(e);
(xxi) when the Class Factor for each Class determined using the balances Stepdown Date has occurred and when a Trigger Event is in subclause (xv) aboveeffect;
(xxii) the weighted average Loan Interest Rate deposits to and withdrawals from the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Excess Reserve Fund Account on such Distribution Date, and the weighted average Loan Interest Rate for the prior three month period;
(xxiii) [Reserved]the Available Funds for such Distribution Date;
(xxiv) the Spread Amount respective Pass-Through Rates applicable to the Class A Certificates, the Subordinated Certificates and the Specified Subordinated Amount Class C Certificates for such Remittance Distribution Date and the respective Pass-Through Rates applicable to the Class A Certificates and the Subordinated Certificates for the immediately succeeding Distribution Date;
(xxv) the amount of any Applied Realized Loss Amount, Realized Loss aggregate Notional Amount and Unpaid Realized Loss Amount for each Class as of the close of Class C Certificates, in each case after giving effect the reductions thereof to occur on such Remittance Distribution Date;; and
(xxvi) the Accelerated Principal Distribution amount of the Reimbursement Amount for such Remittance Date;
(xxvii) Reserved;
(xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Distribution Date and the amount reimbursable to the Servicer from the 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 Certificate Insurer in respect thereof on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the Due Period;
(xxxivsame information in an alternative format) claims pending payment available each month to Certificateholders, the Servicer, the Trustee, the Certificate Insurer and the Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at h▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇▇▇▇. Assistance in using the website can be obtained by calling the FHA during Trustee’s customer service desk at 1-▇▇▇-▇▇▇-▇▇▇▇. Parties that are unable to use the Due Period; and
(xxxv) Such other information as above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the Noteholders or Certificateholders may reasonably requirecustomer service desk and indicating such. The Trustee shall forward 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 Noteholders above parties 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to rely upon the telecopyall above parties regarding any such changes. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per $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.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in force.
(b) time. On each Remittance Distribution Date, the Trustee shall forward make available to the Owner Trustee, for distribution to the Holder of the GP Interest, Class R Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution 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 Trustee deems necessary or appropriate.
(c) . Within a reasonable period of time after the end of each calendar year, the Servicer Trustee shall furnish to the Trustee, with a copy to the Owner Trustee for distribution deliver to each Person who at any time during the calendar year was a Holder of the GP Interest 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 Holder of the GP InterestClass R Certificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Certificateholders by the Servicer 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: (di) Upon reasonable advance notice the private placement memorandum or other disclosure document relating to such Certificates, if any, in writingthe 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 will provide since the Closing Date to each Class Aevidence the Servicer’s determination that any Advance or Servicing Advance was, Class M or if made, would be a Nonrecoverable Advance or Nonrecoverable Servicing Advance, respectively. Copies and Class B Noteholder which is a savings mailing of any 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 all of the Office foregoing items will be available from the Trustee upon request at the expense of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notesperson 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. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopyeach Certificateholder, for distribution the Seller, the Master Servicer and the Rating Agency, a statement based, as applicable, on the Remittance Report obtained from the Master Servicer (the “Distribution Date Statement”) as to the Noteholders, and the Owner Trustee 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 M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution 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 Loans which were the subject of Principal Prepayments during the Due Period;
(vii) the amount of all Curtailments which were servicing compensation received during by the Due Period;
(viii) the aggregate amount of all Excess Payments and the amounts of Monthly Payments in respect of principal received during the Due Period;
(ix) the amount of interest received on the Loans;
(x) 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;
(xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit L;
(xii) the amount of any Realized Losses incurred Servicer during the related Due Period;
(xiiiv) the Available Remittance Amounts aggregate amount of Advances for the Remittance related Due Period and the amount of unreimbursed Advances;
(vi) [Reserved];
(vii) the Loan Group Balance and related Net WAC for each Loan Group at the Close of Business at the end of the related Due Period;
(viii) [Reserved];
(ix) for each Loan Group, the aggregate Principal Balance of the One-Month LIBOR Indexed Mortgage Loans at the Close of Business at the end of the related Due Period;
(x) for each Loan Group, the aggregate Principal Balance of the 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;
(xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and by componentfor 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 Reimbursable Amounts and the GP Remittance Amount payable aggregate amount of Principal Prepayments with respect to each Loan Group made during the Remittance Daterelated Prepayment Period;
(xv) the Class Principal Balance for each Class aggregate amount of Class A, Class M and Class B Notes Realized Losses incurred during the related Due Period and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation cumulative amount of the Applied Realized Loss Amount made on such Remittance DateLosses;
(xvi) the calculation Class Certificate Principal Balance of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date;
(xvii) the Cumulative Realized LossesInterest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date;
(xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date;
(xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group;
(xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date;
(xxi) the Class Factor for 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 Class determined using the balances in subclause (xv) abovesuch Mortgage Loan;
(xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts 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];
(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[Reserved];
(xxvi) the Accelerated Principal Distribution Amount for such Remittance Date[Reserved];
(xxvii) Reservedfor 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 be deposited into the FHA Premium Account on Certificate Principal Balance or Component Principal Balance of the related Remittance Date Certificates and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i)Principal-Only Components;
(xxix) the amount of FHA Payments and Related Payments received during the related Due Period;current Recoveries allocable to each Loan Group; and
(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 requirecumulative Recoveries allocable to each Loan Group. The Trustee Securities Administrator will make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall forward initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, 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 Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), i) through (xiii), (xixiii) and (xxxv), xxi) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force 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 appropriatetime.
(c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a 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 forcemonthly basis.
(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: Pooling and Servicing Agreement (DSLA Mortgage Loan Trust 2004-Ar4), Pooling and Servicing Agreement (DSLA Mortgage Loan Trust 2004-Ar3)
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Trustee shall deliver make available to each Certificateholder, the Trustee, by telecopy, for distribution to the NoteholdersSeller, and the Owner Trustee for distribution Rating Agency, a statement based, as applicable, on loan-level information obtained from and the Servicer (the “Distribution Date Statement”) as 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 M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution 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 aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances;
(vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due Period[Reserved];
(vii) the amount Loan Group Balance and related Net WAC and applicable Net WAC Cap for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period;
(viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments and the amounts One-Month MTA Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period;
(ix) the amount of interest received on the Loans[Reserved];
(x) 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[Reserved];
(xi) for each Loan Group, the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date;
(xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month;
(xiii) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period;
(xiv) the aggregate amount of any Principal Prepayments with respect to each Loan Group made during the related Prepayment Period;
(xv) the aggregate amount of 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 Period and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance Date;
(xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateCertificates or Principal-Only Components;
(xvi) the calculation Class Certificate Principal Balance or Class Certificate Notional Balance, as applicable, of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date;
(xvii) the Cumulative Realized LossesInterest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date;
(xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date;
(xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group;
(xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date;
(xxi) the Class Factor for aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller or any Originator during the related Due Period, and indicating the relevant section of this Agreement or the related Purchase Agreement, as applicable, requiring or allowing the purchase of each Class determined using the balances in subclause (xv) abovesuch Mortgage Loan;
(xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(e)(i);
(xxiii) [Reserved]current Recoveries allocable to each Loan Group;
(xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Datecumulative Recoveries allocable to each Loan Group;
(xxv) the amount of any Applied Realized Loss AmountBasis Risk Shortfall, Realized Loss Amount if any, and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Daterelated accrued interest thereon;
(xxvi) for each Loan Group, the Accelerated Principal Distribution Amount amount of Deferred Interest and Net Deferred Interest, if any, for such Remittance DateLoan Group;
(xxvii) Reserved;payments made under the Yield Maintenance Agreements, if any; and
(xxviii) the amount of Net Deferred Interest, if any, added to be deposited into the FHA Premium Account on Class Certificate Principal Balance or Component Principal Balance of the related Remittance Certificates and Principal-Only Components. 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 the amount reimbursable other parties to this Agreement via the Servicer from Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/invr.” Assistance in using the FHA Premium Account pursuant website can be obtained by calling the Trustee customer service desk at ▇-▇▇▇-▇▇▇-▇▇▇▇. Parties that are unable to Section 7.03(b)(i);
(xxix) use the amount of FHA Payments above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk 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 requireindicating such. The Trustee shall forward have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to rely upon the telecopyall parties regarding any such change. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime.
(bc) On each Remittance Distribution Date, the Trustee shall forward supply an electronic tape to the Owner TrusteeBloomberg Financial Markets, for distribution Inc. in a format acceptable to the Holder of the GP InterestBloomberg Financial Markets, Inc. on a copy of the report forwarded monthly basis, and shall supply an electronic tape to the Noteholder Loan Performance and Intex Solutions in respect of such Remittance Date a format acceptable to Loan Performance and Intex Solutions on 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 appropriatemonthly basis.
(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: Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2005-5), Pooling and Servicing Agreement (Greenwich Capital Acceptance Inc)
Statements. Each month, not Not later than 12:00 noon New York 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 Servicer Trustee shall deliver to the TrusteeServicer, the Depositor and to the Certificate Insurer, 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 Business Day following the Determination succeeding Distribution Date, a certificate signed statement (the “Trustee’s Remittance Report”) containing the information set forth below (to the extent any such information to be delivered by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), Servicer pursuant to the Series number, the date first sentence of this Agreement, and the followingSection 5.01(a) has been so delivered) with respect to such Distribution Date:
(i) the The Group 1 and Group 2 Available Remittance Amounts Funds and each Certificate Rate for the related Remittance Distribution Date;
(ii) the The Class Principal Balances for Balance of each Class of Class A Certificates and the Notional Balance of each Class of Class A, Class M -IO Certificates and Class B Notes the Aggregate Principal Balance of the Mortgage Loans in each Group as reported in the prior Servicer's Certificate Trustee’s Remittance Report pursuant to subclause (xvxii) below, or, in the case of the first Determination Date, the Original Principal Class Certificate Balance for of each Class of Class A Certificates and the Original Notional Balance of each Class of Class A, Class M -IO Certificates and Class B Notesthe related Cut-Off Date Principal Balance of the Mortgage Loans in each Group;
(iii) 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 The number and Principal Balances of all Mortgage Loans which and of the Mortgage Loans in each Group, that were the subject of Principal Prepayments during the Due Period;
(viiiv) the The amount of all Curtailments which in each Group that were received during the Due Period;
(viiiv) the aggregate amount The principal portion of all Excess Payments and the amounts of Monthly Payments in respect of principal for each Group received during the Due Period;
(ixvi) the The amount of interest received on the LoansMortgage Loans in each Group;
(xvii) 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 DateDate for each Group;
(xiviii) the The delinquency and foreclosure information set forth in the form attached hereto as Exhibit L;
(xiiix) 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 The Remittance Amount payable with respect to the Remittance Date;
(xv) the Class Principal Balance for each Class of Class A, Class M A and Class B Notes 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 Pool 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 Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Distribution Date;
(xvixiii) the calculation The weighted average remaining term to maturity of the Trigger Event, including Mortgage Loans in each Group and the various components thereofweighted average Loan Rate in each Group;
(xviixiv) The Servicing Fee for each Group and the Cumulative Realized Losses, with respect amount to be paid to the Remittance DateCertificate Insurer pursuant to Section 5.01;
(xviiixv) 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 The amount of all payments and or reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)3.03;
(xxixvi) the Class The Pool Factor for each Class Group determined using the balances in subclause (xvii) above;
(xxiixvii) The amount, if any, transferred from the weighted average Loan Simple Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, 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 Excess Account on the related Remittance Date and the amount reimbursable to the Servicer from the 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 7.01(a)(iv); 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 RepresentativeSeller, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(iiSection 5.01(a)(iv) and 7.05(d)(xviithe 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 reports prepared 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 such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee computer tape delivered by the Servicer or on the Claims Administrator)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 Servicer's Certificate Trustee’s Remittance Report and the hard copy issued upon request (pursuant to the preceding paragraph) thereof, the Trustee shall be entitled to Servicer may rely upon the telecopylatter. In the case of information furnished pursuant to subclauses (ii), (viii) and (xiiiix) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per 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 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: Pooling and Servicing Agreement (Structured Asset Securities Corp), Pooling and Servicing Agreement (Lehman Abs Corp)
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopyeach Certificateholder, for distribution the Seller, any NIMS Insurer, the Master Servicer and each Rating Agency, a statement based, as applicable, on loan-level information obtained from the Master Servicer, the Swap Provider, the Basis Risk Cap Provider and the Servicers (the “Distribution Date Statement”) as to the Noteholdersdistributions to be made or made, and as applicable, on such Distribution Date. The Distribution Date Statement shall include the Owner Trustee for distribution to the Certificateholdersfollowing information, the receipt and legibility of which shall be confirmed telephonicallyin each case, with 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) respect to be delivered on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) 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[Reserved];
(iv) the Interest Shortfall Carryforward Amounts aggregate amount of Servicing Fees, Subservicing Fees, Master Servicing Fees and Realized Loss Amounts Credit Risk Manager Fees for the related Remittance Date (by Class and in the aggregate)Due Period;
(v) the Available Maximum Subordination Amount amount of Advances for each Loan Group and the aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances;
(vi) the number Loan Group Balance for each Loan Group and Principal Balances the Net WAC for each Loan Group at the Close of all Loans which were Business at the subject end of Principal Prepayments during the related Due Period;
(vii) the amount of all Curtailments which were received during Pool Balance, the Due PeriodPool Collateral Balance and the Loan Group Balance for such Distribution Date;
(viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments and the amounts MTA Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period;
(ix) for each Loan Group, the amount of interest received on fees, expenses or indemnification amounts paid by the LoansTrust Fund with an identification of the general purpose of such amounts and the party receiving such amounts;
(x) for each Loan Group, the amount number, weighted average remaining term to maturity, weighted average life and weighted average Loan Rate of the Monthly Advances to be made on the Determination Date, the portion related Mortgage Loans as 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 related Due Date;
(xi) for each Loan Group, the delinquency number and aggregate unpaid principal balance of the related Mortgage Loans, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure information set forth proceedings have been commenced and (e) in bankruptcy, in each case as of the form attached hereto as Exhibit Lclose of business on the last day of the preceding calendar month, using the OTS method;
(xii) for each Loan Group, the book value (if available) of any REO Property as of the Close of Business on the last 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;
(xiii) for each Loan Group, the aggregate amount of any Principal Prepayments, net Principal Prepayments or other unscheduled recoveries of principal with respect to each Loan Group made during the related Prepayment Period;
(xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the related Due Period;
(xiii) the Available Remittance Amounts Period for the Remittance Date, in the aggregate and by component;
(xiv) the Reimbursable Amounts each Loan Group and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance each Class of Certificates after giving effect to any distributions made thereon, on such Distribution Date;
(xv) the Class Principal Balance for of each Class of Class A, Class M and Class B Notes Certificates and the Pool Balance Apportioned Principal Balances of the Subordinate Certificates after giving effect to the distribution to be any distributions made on the Remittance Date and after allocation of the Applied Realized Loss Amount made thereon, on such Remittance Distribution Date;
(xvi) for each Loan Group, the calculation Monthly Interest Distributable Amount and the Interest Distributable Amount in respect of each related Class of Certificates, for such Distribution Date and the Trigger Eventrespective portions thereof, including if any, remaining unpaid following the various components thereofdistributions made in respect of such Certificates on such Distribution Date;
(xvii) for each Class, the Cumulative Realized Lossesaggregate amount of any Net Interest Shortfalls and the Unpaid Interest Shortfall Amount for such Distribution Date after giving effect to any distributions made thereon, with respect to the Remittance on such Distribution Date;
(xviii) for each Loan Group, the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Daterelated Available Funds;
(xix) the Servicing Feesfor each Loan Group, the Contingency Fees Pass-Through Rate and amounts to be deposited to the Expense Account and the FHA Premium Accountrelated Adjusted Cap Rate for each Class of Certificates for such Distribution Date;
(xx) the amount of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f);
(xxi) the Class Factor for each Class determined using Loan Group, the balances in subclause (xv) above;
(xxii) aggregate Principal Balance of Mortgage Loans purchased hereunder by the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, 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 FHA Premium Account pursuant to Section 7.03(b)(i);
(xxix) the amount of FHA Payments and Related Payments received Seller during the related Due Period;
(xxi) for each Loan Group, 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);
(xxii) current Recoveries allocable to each Loan Group;
(xxiii) cumulative Recoveries allocable to each Loan Group;
(xxiv) the amount of any Basis Risk Shortfall, if any, for each Class after giving effect to any distributions made thereon, on such Distribution Date;
(xxv) for each Loan Group, the amount of Deferred Interest and Net Deferred Interest, if any, for such Loan Group;
(xxvi) the amount of Net Deferred Interest, if any, added to the Class Principal Balance of the Certificates;
(xxvii) the amount of any Unpaid Interest Shortfall Amount;
(xxviii) the amount of the Group 1 Final Maturity Reserve Amount, the Group 2 Final Maturity Reserve Amount and the Aggregate Final Maturity Reserve Amount deposited in the Final Maturity Reserve Account, and, on the Final Maturity Reserve Termination Date, the amount distributed from the Final Maturity Reserve Account to each Class of Certificates;
(xxix) the Overcollateralized Amount for that Distribution Date;
(xxx) the Reserve Overcollateralization Target Amount for the related Remittance that Distribution Date;
(xxxi) claims filed during the Due Periodamount of any Class P Distributable Amount and the amount of any Class ES Distributable Amount;
(xxxii) claims paid the amount on deposit in the Prefunding Account in the aggregate and for each Loan Group (including a breakdown of amounts released during the Due prior calendar month in respect of Aggregate Subsequent Transfer Amounts or amounts included in Available Funds on the Distribution Date in the month following the end of the Prefunding Period);
(xxxiii) claims denied the amount of any payments made by the FHA during Basis Risk Cap Provider to the Due PeriodBasis Risk Cap Account pursuant to Section 5.13;
(xxxiv) claims pending payment by the FHA during aggregate Principal Balance and number of Subsequent Mortgage Loans purchased in the Due Prefunding 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 any Net Swap Payment to the Note Distribution Account Supplemental Interest Trust made pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable 5.10, any Net Swap Payment to the Servicer or Swap Provider made pursuant to Section 5.10, any Swap Termination Payment to the Representative, as appropriate, Supplemental Interest Trust made pursuant to Sections 7.04(c)(i), 7.04(c)(ii) 5.10 and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided any Swap Termination Payment to the Trustee by Swap Provider made pursuant to Section 5.10. The Securities Administrator shall make the Servicer or Distribution Date Statement (and, at its option, any additional files containing the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate same information in an alternative format) available each month to Certificateholders and the hard copy thereof, parties to this Agreement via the Trustee Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to rely upon have a paper copy mailed to them via first class mail by calling the telecopycustomer service desk and indicating such. The Securities Administrator shall have the right to change the way such reports are distributed in order to make such distribution more convenient and/or more accessible to the parties, and the Securities Administrator shall provide timely and adequate notification to all parties regarding any such change. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Initial Cut-Off off Date. In addition to the information listed above, such Distribution Date Statement or the report on Form 10-D for such Distribution Date shall also include any other information required by Item 1121 (§ 229.1121) of Regulation AB.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to any NIMS Insurer and each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person or any NIMS Insurer, such information as is reasonably necessary to provide to such Person or any NIMS Insurer a statement containing the information set forth in subclauses (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person or any NIMS Insurer was a NoteholderCertificateholder and such other customary information which a Certificateholder reasonably requests to prepare its tax returns. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force 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 appropriatetime.
(c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a 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 forcemonthly basis.
(d) Upon reasonable advance notice in writingIn addition to the above, on each Distribution Date, the Servicer will Servicers shall provide a monthly loan level data file, or the Securities Administrator shall make available on the Securities Administrator’s internet website a monthly loan level data file (based solely on information provided by the Servicers) containing data provided to each Class Athe Securities Administrator by the Servicers, Class M and Class B Noteholder which is available to those who are permitted to access the website, including the Rating Agencies. Such data at a savings and loan association, bank or insurance company certain reports and access to information and documentation regarding minimum shall contain 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 fields referenced in the Class A, Class M and Class B Notes.Exhibit Z.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (HarborView 2007-7), Pooling and Servicing Agreement (HarborView 2007-7)
Statements. Each month, not later than 12:00 noon New York time on the Determination Date, the Servicer shall deliver to the 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 hard copy thereof and the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M L (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 date (day, month and year), the Series numbernumber of the Certificates, the date of this Agreement, and and, as of the followingclose of business on the Record Date for such month:
(i) the Available Remittance Amounts Funds for the related Remittance Date, in the aggregate and by component;
(ii) The Aggregate Class A Certificate Principal Balance, the Class Principal Balances for each Class of Class A, Class M and Aggregate Class B Notes Certificate Principal Balance and the Pool Principal Balance as reported in the prior Servicer's Certificate pursuant to subclause (xvxii) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M A and Class B NotesCertificate Principal Balance and the Original Pool Principal Balance;
(iii) 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 The number and Principal Balances of all SBA Loans 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;
(viiiv) The product of the amount of Unguaranteed Percentage multiplied by all Curtailments which were received during the Due Period;
(viiiv) The product of the aggregate amount of Unguaranteed Percentage multiplied by all Excess Payments and the amounts product of the Unguaranteed Percentage multiplied by all Monthly Payments in respect of principal received during the Due Period;
(ixvi) the The aggregate amount of interest received on each SBA Loan net of the LoansFTA's Fee, the Premium Protection Fee, the Additional Fee and the portion thereof payable to the Registered Holders;
(xvii) 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), Date and the Compensating Interest payment to be made on the Determination Date;
(xiviii) the The delinquency and foreclosure information set forth in the form attached hereto as Exhibit LK;
(ix) The product of the Unguaranteed Percentage multiplied by the amount of any losses realized on a Liquidated SBA Loan;
(x) The Class A and Class B Interest Distribution Amounts and Principal Distribution Amounts for the Remittance Date with the components thereof stated separately;
(xi) The amount, if any, to be transferred from the Spread Account to the Certificate Account pursuant to Section 6.02(b)(i);
(xii) the amount of any Realized Losses incurred during the related Due Period;
(xiii) the Available Remittance Amounts for the Remittance DateThe Aggregate Class A Certificate Principal Balance, in the aggregate and by component;
(xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect to the Remittance Date;
(xv) the Aggregate Class B Certificate Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Principal Balance after giving effect to the distribution to be made on the Remittance Date Date;
(xiii) The Excess Spread and after allocation of the Applied Realized Loss Amount made on Specified Spread Account Requirement with respect to such Remittance Date;
(xvixiv) the calculation of the Trigger Event, including the various components thereofThe weighted average maturity and weighted average SBA Loan Interest Rate;
(xviixv) the Cumulative Realized Losses, with respect to the Remittance Date;
(xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Date;
(xix) the The Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account;
(xxxvi) the The amount of all payments and reimbursements to the Servicer pursuant to Section 4.04(b5.04 (b), (c), (d)(ii), (e) and (f);
(xxixvii) the The Class Factor for each A and Class determined using the balances in subclause (xv) above;
(xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan B Remittance Rates, in each case for the related Remittance Date, 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 Rates with respect to such Remittance Date;; and
(xxvxviii) During the Funding Period, the aggregate Principal Balance of the Subsequent SBA Loans purchased during the prior Due Period and the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class on deposit in the Pre-Funding Account as of the close end 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 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
(xxxvxix) Such other information as the Noteholders Certificateholders or Certificateholders the Rating Agency may reasonably require. The Trustee shall forward such report to the Noteholders Certificateholders and the Owner Trustee Rating Agency on the Remittance Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Certificate Account pursuant to Section 7.01(a)(iv6.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, Seller pursuant to Sections 7.04(c)(i6.03(c)(i), 7.04(c)(ii6.03(c)(ii) and 7.05(d)(xvii6.07(b)(vi) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims AdministratorServicer). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (ii), (viiiiii), (iv), (v), (x) and (xiii) xii), above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note Class 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 Class A, Class M and Class B Noteholder Certificateholder such information as is reasonably necessary to provide to such Person a statement containing the information set forth in subclauses (ixvi), (xiiix), (xix) and (xxxvxiv), above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. 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 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 Class A, Class M and Class B Noteholder Certificateholder to comply with applicable regulations of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class ACertificates.
(c) The Servicer shall furnish to each Certificateholder, Class M 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 Class B Notesin 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. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopyeach Certificateholder, for distribution the Yield Maintenance Provider, the Seller, any NIMS Insurer, the Master Servicer and each Rating Agency, a statement based, as applicable, on loan-level information obtained from the Master Servicer, the Basis Risk Cap Provider and the Servicers (the “Distribution Date Statement”) as to the Noteholdersdistributions to be made or made, and as applicable, on such Distribution Date. Information in the Owner Trustee Distribution Date Statement relating to or based on amounts available in the Yield Maintenance Account shall be based on information provided by the Yield Maintenance Provider regarding any Yield Maintenance Distributable Amounts required to be paid by the Yield Maintenance Provider for distribution the related Distribution Date pursuant to the CertificateholdersYield Maintenance Agreement. The Distribution Date Statement shall include the following information, the receipt and legibility of which shall be confirmed telephonicallyin each case, with 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) respect to be delivered on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) 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[Reserved];
(iv) the Interest Shortfall Carryforward Amounts aggregate amount of Servicing Fees, Subservicing Fees, Master Servicing Fees and Realized Loss Amounts Credit Risk Manager Fees for the related Remittance Date (by Class and in the aggregate)Due Period;
(v) the Available Maximum Subordination Amount amount of Advances for each Loan Group and the aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances;
(vi) the number Loan Group Balance for each Loan Group and Principal Balances the Net WAC for each Loan Group at the Close of all Loans which were Business at the subject end of Principal Prepayments during the related Due Period;
(vii) the amount of all Curtailments which were received during Pool Balance, the Due PeriodPool Collateral Balance and the Loan Group Balance for such Distribution Date;
(viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments and the amounts MTA Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period;
(ix) for each Loan Group, the amount of interest received on fees, expenses or indemnification amounts paid by the LoansTrust Fund with an identification of the general purpose of such amounts and the party receiving such amounts;
(x) for each Loan Group, the amount number, weighted average remaining term to maturity, weighted average life and weighted average Loan Rate of the Monthly Advances to be made on the Determination Date, the portion related Mortgage Loans as 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 related Due Date;
(xi) for each Loan Group, the delinquency number and aggregate unpaid principal balance of the related Mortgage Loans, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure information set forth proceedings have been commenced and (e) in bankruptcy, in each case as of the form attached hereto as Exhibit Lclose of business on the last day of the preceding calendar month, using the OTS method;
(xii) for each Loan Group, the book value (if available) of any REO Property as of the Close of Business on the last 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;
(xiii) for each Loan Group, the aggregate amount of any Principal Prepayments, net Principal Prepayments or other unscheduled recoveries of principal with respect to each Loan Group made during the related Prepayment Period;
(xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the related Due Period;
(xiii) the Available Remittance Amounts Period for the Remittance Date, in the aggregate and by component;
(xiv) the Reimbursable Amounts each Loan Group and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance each Class of Certificates after giving effect to any distributions made thereon, on such Distribution Date;
(xv) the Class Principal Balance for of each Class of Class A, Class M and Class B Notes Certificates and the Pool Balance Apportioned Principal Balances of the Subordinate Certificates after giving effect to the distribution to be any distributions made on the Remittance Date and after allocation of the Applied Realized Loss Amount made thereon, on such Remittance Distribution Date;
(xvi) for each Loan Group, the calculation Monthly Interest Distributable Amount and the Interest Distributable Amount in respect of each related Class of Certificates, for such Distribution Date and the Trigger Eventrespective portions thereof, including if any, remaining unpaid following the various components thereofdistributions made in respect of such Certificates on such Distribution Date;
(xvii) for each Class, the Cumulative Realized Lossesaggregate amount of any Net Interest Shortfalls and the Unpaid Interest Shortfall Amount for such Distribution Date after giving effect to any distributions made thereon, with respect to the Remittance on such Distribution Date;
(xviii) for each Loan Group, the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Daterelated Available Funds;
(xix) the Servicing Feesfor each Loan Group, the Contingency Fees Pass-Through Rate and amounts to be deposited to the Expense Account and the FHA Premium Accountrelated Adjusted Cap Rate for each Class of Certificates for such Distribution Date;
(xx) the amount of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f);
(xxi) the Class Factor for each Class determined using Loan Group, the balances in subclause (xv) above;
(xxii) aggregate Principal Balance of Mortgage Loans purchased hereunder by the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, 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 FHA Premium Account pursuant to Section 7.03(b)(i);
(xxix) the amount of FHA Payments and Related Payments received Seller during the related Due Period;
(xxi) for each Loan Group, 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);
(xxii) current Recoveries allocable to each Loan Group;
(xxiii) cumulative Recoveries allocable to each Loan Group;
(xxiv) the amount of any Basis Risk Shortfall, if any, for each Class after giving effect to any distributions made thereon, on such Distribution Date;
(xxv) for each Loan Group, the amount of Deferred Interest and Net Deferred Interest, if any, for such Loan Group;
(xxvi) the amount of Net Deferred Interest, if any, added to the Class Principal Balance of the Certificates;
(xxvii) the amount of any Unpaid Interest Shortfall Amount;
(xxviii) the amount of the Group 1 Final Maturity Reserve Amount, the Group 2 Final Maturity Reserve Amount and the Aggregate Final Maturity Reserve Amount deposited in the Final Maturity Reserve Account, and, on the Final Maturity Reserve Termination Date, the amount distributed from the Final Maturity Reserve Account to each Class of Certificates;
(xxix) the Overcollateralized Amount for that Distribution Date;
(xxx) the Reserve Overcollateralization Target Amount for the related Remittance that Distribution Date;
(xxxi) claims filed during the Due Periodamount remitted by the Administrator to the Securities Administrator pursuant to the Yield Maintenance Allocation Agreement;
(xxxii) claims paid during the Due Periodpayments, if any, made from the Yield Maintenance Account and the amount distributed to the LIBOR Certificates from such payments;
(xxxiii) claims denied by the FHA during amount of any Class P Distributable Amount and the Due Periodamount of any Class ES Distributable Amount;
(xxxiv) claims pending payment the amount on deposit in the Prefunding Account in the aggregate and for each Loan Group (including a breakdown of amounts released during the prior calendar month in respect of Aggregate Subsequent Transfer Amounts or amounts included in Available Funds on the Distribution Date in the month following the end of the Prefunding Period);
(xxxv) the amount of any payments made by the FHA during Basis Risk Cap Provider to the Due PeriodBasis Risk Cap Account pursuant to Section 5.13; and
(xxxvxxxvi) Such other information as the Noteholders or Certificateholders may reasonably requireaggregate Principal Balance and number of Subsequent Mortgage Loans purchased in the Prefunding Period. The Trustee Securities Administrator shall forward 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 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, 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 Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Initial Cut-Off off Date. In addition to the information listed above, such Distribution Date Statement or the report on Form 10-D for such Distribution Date shall also include any other information required by Item 1121 (§ 229.1121) of Regulation AB.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to any NIMS Insurer and each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person or any NIMS Insurer, such information as is reasonably necessary to provide to such Person or any NIMS Insurer a statement containing the information set forth in subclauses (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person or any NIMS Insurer was a NoteholderCertificateholder and such other customary information which a Certificateholder reasonably requests to prepare its tax returns. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force 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 appropriatetime.
(c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a 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 forcemonthly basis.
(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: Pooling and Servicing Agreement (HarborView 2007-6), Pooling and Servicing Agreement (HarborView 2007-6)
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopyeach Certificateholder, for distribution the Seller, the Master Servicer and the Rating Agency, a statement based, as applicable, on loan-level information obtained from the Master Servicer and the Servicers (the “Distribution Date Statement”) as to the Noteholders, and the Owner Trustee 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 M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution 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 aggregate amount of servicing compensation received by each Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances;
(vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due Period[reserved];
(vii) the amount Loan Group Balance and related Net WAC and Net WAC Cap for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period;
(viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments and the amounts One-Year MTA Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period;
(ix) for each Loan Group, the amount aggregate Principal Balance of interest received on the LoansOne-Month LIBOR Indexed Mortgage Loans at the Close of Business at the end of the related Due Period;
(x) for each Loan Group, the amount aggregate Principal Balance of the Monthly Advances to be made on COFI Indexed Mortgage Loans at the Determination Date, Close of Business at the portion end 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 Daterelated Due Period;
(xi) for each Loan Group, the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date;
(xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month;
(xiii) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period;
(xiv) the aggregate amount of any Principal Prepayments with respect to each Loan Group made during the related Prepayment Period;
(xv) the aggregate amount of 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 Period and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance Date;
(xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateCertificates or Principal-Only Components;
(xvi) the calculation Class Certificate Principal Balance or Class Certificate Notional Amount, as applicable, of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date;
(xvii) the Cumulative Realized LossesInterest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date;
(xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date;
(xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group;
(xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date;
(xxi) the Class Factor for aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, and indicating the relevant section of the related Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each Class determined using the balances in subclause (xv) abovesuch Mortgage Loan;
(xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(e)(i);
(xxiii) [Reserved]current Recoveries allocable to each Loan Group;
(xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Datecumulative Recoveries allocable to each Loan Group;
(xxv) the amount of any Applied Realized Loss AmountBasis Risk Shortfall, Realized Loss Amount if any, and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Daterelated accrued interest thereon;
(xxvi) for each Loan Group, the Accelerated Principal Distribution Amount amount of Deferred Interest and Net Deferred Interest, if any, for such Remittance Date;Loan Group; and
(xxvii) Reserved;payments made under the Yield Maintenance Agreements, if any; and
(xxviii) the amount of Net Deferred Interest, if any, added to be deposited into the FHA Premium Account on Class Certificate Principal Balance or Component Principal Balance of the related Remittance Certificates and Principal-Only Components. The Securities Administrator will make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the amount reimbursable other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such reports are distributed in order to make such distribution more convenient and/or more accessible to the Servicer from the 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 parties, 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 Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), i) through (xiii), (xixiii) and (xxxv), xxi) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force 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 appropriatetime.
(c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a 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 forcemonthly basis.
(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: Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2004-8), Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2004-8)
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopyeach Certificateholder, for distribution the Certificate Insurer, the Seller, the Master Servicer and the Rating Agency, a statement based, as applicable, on the Remittance Report obtained from the Master Servicer (the “Distribution Date Statement”) as to the Noteholders, and the Owner Trustee 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 M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution 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 Loans which were the subject of Principal Prepayments during the Due Period;
(vii) the amount of all Curtailments which were servicing compensation received during by the Due Period;
(viii) the aggregate amount of all Excess Payments and the amounts of Monthly Payments in respect of principal received during the Due Period;
(ix) the amount of interest received on the Loans;
(x) 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;
(xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit L;
(xii) the amount of any Realized Losses incurred Servicer during the related Due Period;
(xiiiv) the Available Remittance Amounts aggregate amount of Advances for the Remittance related Due Period and the amount of unreimbursed Advances;
(vi) [Reserved];
(vii) the Loan Group Balance and related Net WAC for each Loan Group at the Close of Business at the end of the related Due Period;
(viii) [Reserved];
(ix) for each Loan Group, the aggregate Principal Balance of the One-Month LIBOR Indexed Mortgage Loans at the Close of Business at the end of the related Due Period;
(x) for each Loan Group, the aggregate Principal Balance of the 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;
(xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and by componentfor 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 Reimbursable Amounts and the GP Remittance Amount payable aggregate amount of Principal Prepayments with respect to each Loan Group made during the Remittance Daterelated Prepayment Period;
(xv) the Class Principal Balance for each Class aggregate amount of Class A, Class M and Class B Notes Realized Losses incurred during the related Due Period and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation cumulative amount of the Applied Realized Loss Amount made on such Remittance DateLosses;
(xvi) the calculation Class Certificate Principal Balance of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date;
(xvii) the Cumulative Realized LossesInterest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date;
(xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date;
(xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group;
(xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date;
(xxi) the Class Factor for 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 Class determined using the balances in subclause (xv) abovesuch Mortgage Loan;
(xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(f)(i);
(xxiii) [Reserved]the amount of any Basis Risk Shortfall, if any, and the related accrued interest thereon, with respect to the LIBOR Certificates;
(xxiv) the Spread Amount and amount of compensation received by the Specified Subordinated Amount for such Remittance DateTrustee during the related Due Period;
(xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of compensation received by 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 FHA Premium Account pursuant to Section 7.03(b)(i);
(xxix) the amount of FHA Payments and Related Payments received 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 Principal-Only Components;
(xxix) current Recoveries allocable to each Loan Group;
(xxx) the Reserve Amount for the related Remittance Datecumulative Recoveries allocable to each Loan Group;
(xxxi) claims filed during the Due Period;amount of the Certificate Insurer Reimbursement Amount, if any; and
(xxxii) claims the Deficiency Amount, if any, to be 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 requireCertificate Insurer. The Trustee Securities Administrator will make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall forward initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, 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 Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to Certificate Insurer and each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), i) through (xiii), (xixiii) and (xxxv), xxi) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force 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 appropriatetime.
(c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a 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 forcemonthly basis.
(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: Pooling and Servicing Agreement (DSLA Mortgage Loan Trust 2004-Ar1), Pooling and Servicing Agreement (DSLA Mortgage Loan Trust 2004-Ar1)
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopyeach Certificateholder, for distribution the Certificate Insurer, the Seller, the Master Servicer and each Rating Agency, a statement based, as applicable, on loan-level information obtained from the Master Servicer and the Servicer (the “Distribution Date Statement”) as to the Noteholders, and the Owner Trustee 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 M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution 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 aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances;
(vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due Period[reserved];
(vii) the amount Loan Group Balance and related Net WAC and applicable Net WAC Cap for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period;
(viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments and the amounts One-Month MTA Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period;
(ix) the amount of interest received on the Loans[reserved];
(x) 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[reserved];
(xi) for each Loan Group, the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date;
(xii) the number and aggregate unpaid principal balance of Mortgage Loans 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 any Principal Prepayments with respect to each Loan Group made during the related Prepayment Period;
(xv) the aggregate amount of Realized Losses incurred during the related Due Period;
(xiii) the Available Remittance Amounts Period for the Remittance Date, in the aggregate and by component;
(xiv) the Reimbursable Amounts each Loan Group and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance Date;
(xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateCertificates;
(xvi) the calculation Class Certificate Principal Balance or Class Certificate Notional Balance, as applicable, of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date;
(xvii) the Cumulative Realized LossesMonthly Interest Distributable Amount and the Interest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date;
(xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date;
(xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group;
(xx) the amount Pass-Through Rate and Adjusted Cap Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date;
(xxi) the Class Factor for 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 Class determined using the balances in subclause (xv) abovesuch Mortgage Loan;
(xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period[reserved];
(xxiii) [Reserved]current Recoveries allocable to each Loan Group;
(xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Datecumulative Recoveries allocable to each Loan Group;
(xxv) the amount of any Applied Realized Loss AmountBasis Risk Shortfall, Realized Loss Amount if any, and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Daterelated accrued interest thereon;
(xxvi) for each Loan Group, the Accelerated Principal Distribution Amount amount of Deferred Interest and Net Deferred Interest, if any, for such Remittance DateLoan Group;
(xxvii) Reservedpayments made under the Yield Maintenance Agreements, if any;
(xxviii) the amount of Net Deferred Interest, if any, added to be deposited into the FHA Premium Account on Class Certificate Principal Balance of the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i)Certificates;
(xxix) the amount of FHA Payments and Related Payments received during the related Due Period;Certificate Insurer Reimbursement Amount, if any; and
(xxx) the Reserve Amount for the related Remittance Date;
(xxxi) claims filed during the Due Period;
(xxxii) claims Deficiency Amount, if any, to be 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 requireCertificate Insurer. The Trustee Securities Administrator will make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall forward initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, 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 Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to Certificate Insurer and each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), i) through (xiii), (xixiii) and (xxxv), xxi) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force 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 appropriatetime.
(c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a 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 forcemonthly basis.
(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: Pooling and Servicing Agreement, Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2005-11)
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopyeach Certificateholder, for distribution the Seller, the Master Servicer and the Rating Agency, a statement based, as applicable, on the Remittance Report obtained from the Master Servicer (the “Distribution Date Statement”) as to the Noteholders, and the Owner Trustee 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 M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution 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 Loans which were the subject of Principal Prepayments during the Due Period;
(vii) the amount of all Curtailments which were servicing compensation received during by the Due Period;
(viii) the aggregate amount of all Excess Payments and the amounts of Monthly Payments in respect of principal received during the Due Period;
(ix) the amount of interest received on the Loans;
(x) 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;
(xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit L;
(xii) the amount of any Realized Losses incurred Servicer during the related Due Period;
(xiiiv) the Available Remittance Amounts aggregate amount of Advances for the Remittance related Due Period and the amount of unreimbursed Advances;
(vi) [Reserved];
(vii) the Loan Group Balance and related Net WAC for each Loan Group at the Close of Business at the end of the related Due Period;
(viii) [Reserved];
(ix) for each Loan Group, the aggregate Principal Balance of the One-Month LIBOR Indexed Mortgage Loans at the Close of Business at the end of the related Due Period;
(x) for each Loan Group, the aggregate Principal Balance of the 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;
(xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and by componentfor 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 Reimbursable Amounts and the GP Remittance Amount payable aggregate amount of Principal Prepayments with respect to each Loan Group made during the Remittance Daterelated Prepayment Period;
(xv) the Class Principal Balance for each Class aggregate amount of Class A, Class M and Class B Notes Realized Losses incurred during the related Due Period and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation cumulative amount of the Applied Realized Loss Amount made on such Remittance DateLosses;
(xvi) the calculation Class Certificate Principal Balance of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date;
(xvii) the Cumulative Realized LossesInterest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date;
(xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date;
(xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group;
(xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date;
(xxi) the Class Factor for 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 Class determined using the balances in subclause (xv) abovesuch Mortgage Loan;
(xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(f)(i);
(xxiii) [Reserved]the amount of any Basis Risk Shortfall, if any, and the related accrued interest thereon, with respect to the LIBOR Certificates;
(xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Date[reserved];
(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[reserved];
(xxvi) the Accelerated Principal Distribution Amount for such Remittance Date[reserved];
(xxvii) Reservedfor 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 be deposited into the FHA Premium Account on Certificate Principal Balance or Component Principal Balance of the related Remittance Date Certificates and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i)Principal-Only Components;
(xxix) the amount of FHA Payments and Related Payments received during the related Due Period;current Recoveries allocable to each Loan Group; and
(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 requirecumulative Recoveries allocable to each Loan Group. The Trustee Securities Administrator will make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall forward initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, 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 Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), i) through (xiii), (xixiii) and (xxxv), xxi) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force 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 appropriatetime.
(c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a 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 forcemonthly basis.
(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: Pooling and Servicing Agreement (Greenwich Dsla Mortgage Loan Trust 2005-Ar1), Pooling and Servicing Agreement (DSLA Mortgage Loan Trust 2005-Ar4)
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopyeach Certificateholder, for distribution the Certificate Insurer, the Seller, the Master Servicer and the Rating Agency, a statement based, as applicable, on the Remittance Report obtained from the Master Servicer (the “Distribution Date Statement”) as to the Noteholders, and the Owner Trustee 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 M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution 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 Loans which were the subject of Principal Prepayments during the Due Period;
(vii) the amount of all Curtailments which were servicing compensation received during by the Due Period;
(viii) the aggregate amount of all Excess Payments and the amounts of Monthly Payments in respect of principal received during the Due Period;
(ix) the amount of interest received on the Loans;
(x) 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;
(xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit L;
(xii) the amount of any Realized Losses incurred Servicer during the related Due Period;
(xiiiv) the Available Remittance Amounts aggregate amount of Advances for the Remittance related Due Period and the amount of unreimbursed Advances;
(vi) [Reserved];
(vii) the Loan Group Balance and related Net WAC for each Loan Group at the Close of Business at the end of the related Due Period;
(viii) [Reserved];
(ix) for each Loan Group, the aggregate Principal Balance of the One-Month LIBOR Indexed Mortgage Loans at the Close of Business at the end of the related Due Period;
(x) for each Loan Group, the aggregate Principal Balance of the 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;
(xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and by componentfor 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 Reimbursable Amounts and the GP Remittance Amount payable aggregate amount of Principal Prepayments with respect to each Loan Group made during the Remittance Daterelated Prepayment Period;
(xv) the Class Principal Balance for each Class aggregate amount of Class A, Class M and Class B Notes Realized Losses incurred during the related Due Period and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation cumulative amount of the Applied Realized Loss Amount made on such Remittance DateLosses;
(xvi) the calculation Class Certificate Principal Balance of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date;
(xvii) the Cumulative Realized LossesInterest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date;
(xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date;
(xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group;
(xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date;
(xxi) the Class Factor for 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 Class determined using the balances in subclause (xv) abovesuch Mortgage Loan;
(xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts 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];
(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[Reserved];
(xxvi) the Accelerated Principal Distribution Amount for such Remittance Date[Reserved];
(xxvii) Reservedfor 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 be deposited into the FHA Premium Account on Certificate Principal Balance or Component Principal Balance of the related Remittance Date Certificates and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i)Principal-Only Components;
(xxix) the amount of FHA Payments and Related Payments received during the related Due Periodcurrent Recoveries allocable to each Loan Group;
(xxx) the Reserve Amount for the related Remittance Datecumulative Recoveries allocable to each Loan Group;
(xxxi) claims filed during the Due Period;amount of the Certificate Insurer Reimbursement Amount, if any; and
(xxxii) claims the Deficiency Amount, if any, to be 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 requireCertificate Insurer. The Trustee Securities Administrator will make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall forward initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, 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 Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to Certificate Insurer and each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), i) through (xiii), (xixiii) and (xxxv), xxi) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force 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 appropriatetime.
(c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a 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 forcemonthly basis.
(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: Pooling and Servicing Agreement (DSLA Mortgage Loan Trust 2004-Ar2)
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Trustee shall make available to each Certificateholder, the Seller and each Rating Agency, a statement based on loan-level information obtained from the Servicer shall deliver (the “Distribution Date Statement”) as to the 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 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) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Subgroup for the related Remittance following Distribution 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 aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances;
(vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due PeriodPool Balance for such Distribution Date;
(vii) the amount Loan Subgroup Balance, the Non-PO Loan Group Balance and related Net WAC for each Loan Subgroup at the Close of all Curtailments which were received during Business at the end of the related Due Period;
(viii) the aggregate amount of all Excess Payments and the amounts of Monthly Payments in respect of principal received during the Due Period[Reserved];
(ix) the amount of interest received on the Loans[Reserved];
(x) 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[Reserved];
(xi) for each Loan Subgroup, the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date;
(xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Subgroup, (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, in each case, using the MBA method;
(xiii) the book value (if available) of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Subgroup as of the Close of Business of the last day of the preceding Due Period;
(xiv) the aggregate amount of any Principal Prepayments with respect to each Loan Subgroup made during the related Prepayment Period;
(xv) the aggregate amount of Realized Losses incurred during the related Due Period;
(xiii) the Available Remittance Amounts Period for the Remittance Date, in the aggregate and by component;
(xiv) the Reimbursable Amounts each Loan Subgroup and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance Date;
(xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance Certificates or after giving effect to the any distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made thereon, on such Remittance Distribution Date;
(xvi) the calculation Class Principal Balance or Class Notional Balance, as applicable, of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date;
(xvii) the Cumulative Realized LossesMonthly Interest Distributable Amount and the Interest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date;
(xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date;
(xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Subgroup;
(xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date;
(xxi) the Class Factor for 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 Class determined using the balances in subclause (xv) abovesuch Mortgage Loan;
(xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(e)(i);
(xxiii) [Reserved]current and cumulative Recoveries allocable to each Loan Subgroup;
(xxiv) the Spread Amount current and the Specified Subordinated Amount for such Remittance Date;cumulative PO Recoveries allocable to Subgroup 1; and
(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 P Distributable Amount for such Remittance Distribution 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 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 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 the other parties to this Agreement via the Trustee’s Internet website. The Trustee’s Internet website shall initially be located at “h▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇▇▇▇.” Assistance in using the website can be obtained by calling the Trustee customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to rely upon the telecopyall parties regarding any such change. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date. In addition to the information listed above, such Distribution Date Statement or the report on Form 10-D for such Distribution Date shall also include any other information required by Item 1121 (§ 229.1121) of Regulation AB.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder and such other customary information which a Certificateholder reasonably requests to prepare its tax returns. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime.
(bc) On each Remittance Distribution Date, the Trustee shall forward supply an electronic tape to the Owner TrusteeBloomberg Financial Markets, for distribution Inc. in a format acceptable to the Holder of the GP InterestBloomberg Financial Markets, Inc. on a copy of the report forwarded monthly basis, and shall supply an electronic tape to the Noteholder Loan Performance and Intex Solutions in respect of such Remittance Date a format acceptable to Loan Performance and Intex Solutions on 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 appropriatemonthly basis.
(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
Statements. Each month(a) On each Distribution Date, not later than 12:00 noon New York time based, as applicable, on information provided to it by the Determination DateServicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Swap Counterparties, the Servicer shall deliver and the Rating Agencies, a statement as to the 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 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 distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class AP Certificates) allocable to interest, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesseparately identified;
(iii) the Principal Distribution Amounts for Pool Balance of the Group I Mortgage Loans, the Group II Mortgage Loans and the Group III Mortgage Loans at the Close of Business at the end of 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 NotesDue Period;
(iv) the Interest Shortfall Carryforward Amounts number, aggregate principal balance, and Realized Loss Amounts for weighted average Mortgage Rate of the Mortgage Loans as of the related Remittance Determination Date (by Class and in the aggregate)number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment Period;
(v) the Available Maximum Subordination Amount for the related Remittance Datenumber 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 (C) REO Properties;
(vi) the number and Principal Balances of all Loans which were the subject aggregate amount of Principal Prepayments made during the Due related Prepayment Period;
(vii) the aggregate amount of all Curtailments which were received Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses;
(viii) the aggregate amount Certificate Principal Balance of all Excess Payments each class of the Class A Certificates, each class of the Mezzanine Certificates, each class of the Class B Certificates and the amounts of Monthly Payments in respect of principal received during Class O Certificates, after giving effect to the Due Perioddistributions made on such Distribution Date;
(ix) the amount Unpaid Interest Shortfall Amount, if any, with respect to each class of interest received on the LoansClass A Certificates, each class of the Mezzanine Certificates and each class of Class B Certificates for such Distribution Date;
(x) the aggregate amount of the Monthly Advances to be made on the Determination any Prepayment Interest Shortfalls for such Distribution Date, to the portion of extent not covered by payments by the Monthly Advances to be deposited in the Note Distribution Account Servicer pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date3.25;
(xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit LCredit Enhancement Percentage for such Distribution Date;
(xii) the Available Funds Cap Carryforward Amount for each class of the Class 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 of any Realized Losses incurred during the related Due Periodremaining unpaid after reimbursements therefor on such Distribution Date;
(xiii) the Available Remittance Amounts respective Pass-Through Rates applicable to each class of the Class A Certificates, each class of the Mezzanine Certificates and the Class B Certificates for such Distribution Date and the Pass-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 Remittance immediately succeeding Distribution Date, in the aggregate and by component;
(xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect to the Remittance Supplemental Interest Payment for each Class on such Distribution Date;
(xv) the Class difference between (x) the sum of (i) aggregate notional amount of the Swap Agreements and (ii) the aggregate notional amount of the Cap Agreements and (y) the aggregate Certificate Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made Underwritten Certificates on such Remittance Distribution Date;
(xvi) the calculation of the Trigger Event, including the various components thereof;Required Overcollateralization Amount for such Distribution Date; and
(xvii) the Cumulative Realized Losses, with respect to the Remittance Date;
(xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount Excess Cashflow for such Remittance Distribution 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 and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f);
(xxi) the Class Factor for each Class determined using the balances in subclause (xv) above;
(xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, 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 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Closing 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.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime.
(bc) On each Remittance Distribution Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, Residual Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution 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 Trustee deems necessary or appropriate.
(cd) Within a reasonable period of time after the end of each calendar year, the Servicer Trustee shall furnish to the Trustee, with a copy to the Owner Trustee for distribution deliver to each Person who at any time during the calendar year was a Holder of the GP Interest 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 Holder of the GP InterestResidual Certificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Certificateholders by the Servicer Trustee pursuant to any requirements of the Code as from time to time in force.
(de) Upon reasonable advance 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 ▇-▇▇▇-▇▇▇-▇▇▇▇. 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 writingthe 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 Servicer 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 provide to each Class Ahave no obligation to, Class M and Class B Noteholder which is a savings and loan associationnor interest in, 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 Trust with respect to investment 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 Class A, Class M and Class B NotesTrustee 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. Each month, not later than 12:00 noon New York time on the Determination Date, the Servicer shall deliver to the Trustee, by telecopy, for (a) Concurrently with each distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which Securities Administrator shall be confirmed telephonicallymake available to each Certificateholder, with hard copy thereof the Seller, the Master Servicer, the Trustee and the Servicer's Monthly Computer Tape in Rating Agencies, a statement based, as applicable, on loan-level information provided to it by the form attached hereto Master Servicer and the Servicers (the “Distribution Date Statement”) as Exhibit M (both in hard copy and in computer tape form) to the distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and . The Distribution Date Statement shall include the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group [ ] for the related Remittance following Distribution 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)[reserved];
(v) the Available Maximum Subordination Amount for aggregate amount of servicing compensation received by each Servicer during the related Remittance DateDue Period;
(vi) the number aggregate amount of Advances for the related Due Period and Principal Balances the amount of all Loans which were the subject of Principal Prepayments during the Due Periodunreimbursed Advances as reported by each Servicer;
(vii) the amount Loan Group Balance and related Net WAC for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period;
(viii) the aggregate amount of all Excess Payments and the amounts of Monthly Payments in respect of principal received during the Due Period;[reserved].
(ix) the amount aggregate Principal Balance of interest received on the LoansOne-Month LIBOR Indexed, Six-Month LIBOR Indexed, One-Year LIBOR Indexed and One-Year MTA Indexed Mortgage Loans at the Close of Business at the end of the related Due Period;
(x) the amount of the Monthly Advances Master Servicer Fees paid to be made on or retained by 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 DateMaster Servicer;
(xi) the delinquency and foreclosure information set forth in aggregate amount of Servicing Fees paid to or retained by the form attached hereto as Exhibit LServicers;
(xii) to the extent that such amounts are paid out of the Distribution Account, the amount of any fees, expenses or indemnification amounts paid by the Trust with an identification of the general purpose of such amounts and the party receiving such amounts;
(xiii) for each Loan Group, the number, weighted average remaining term to maturity, weighted average life and weighted average Loan Rate of the related Mortgage Loans as of the related Due Date;
(xiv) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, using the “MBA” method (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month;
(xv) the rolling six-month delinquency rate for that Distribution Date;
(xvi) 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;
(xvii) the aggregate amount of Principal Prepayments and Prepayment Penalty Amounts with respect to each Loan Group made during the related Prepayment Period;
(xviii) the aggregate amount of Realized Losses for each Loan Group and Recoveries incurred during the related Due Period and the cumulative amount of Realized Losses and Recoveries as of such Distribution Date;
(xix) the cumulative amount of Realized Losses for each Loan Group;
(xx) the Realized Losses and Recoveries, if any, allocated to each Class of Certificates on the related Distribution Date;
(xxi) the Class Certificate Principal Balance of each Class of Certificates and the Apportioned Principal Balances of the Subordinate Certificates after giving effect to any distributions made thereon, on such Distribution Date;
(xxii) the Interest Distributable Amount in respect of each Class of Certificates, for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date;
(xxiii) the aggregate amount of any Net Interest Shortfalls and the Unpaid Interest Shortfall Amount for such Distribution Date;
(xxiv) the Available Funds with respect to each Loan Group;
(xxv) the Pass-Through Rate for each Class of Certificates for such Distribution Date
(xxvi) the aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller 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, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Date;
(xvi) the calculation of the Trigger Event, including the various components thereof;
(xvii) the Cumulative Realized Losses, with respect to the Remittance Date;
(xviii) 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 and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f);
(xxi) the Class Factor for each Class determined using the balances in subclause (xv) above;
(xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, 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;
(xxvxxvii) 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) ReservedDeficiency Amounts or Accrued Interest Amounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(f)(i);
(xxviii) the amount to be deposited into total number of Mortgage Loans in the FHA Premium Account on the related Remittance Date aggregate and the amount reimbursable to aggregate Stated Principal Balance for the Servicer from Group [ ] Mortgage Loans (also separately stating such information for the FHA Premium Account pursuant to Section 7.03(b)(i[Adjustable Rate Mortgage Loans, the Three-Year Hybrid Mortgage Loans and the Five-Year Hybrid Mortgage Loans]) [(also stating separately such information for Negative Amortization Loans);
(xxix) ], in each case at the amount close of FHA Payments and Related Payments received during business at the end of the related Due Period;
(xxix) with respect to the Group [ ] Mortgage Loans, the amount of any Deferred Interest and Net Deferred Interest, if any, and the amount of any Net Deferred Interest, if any, added to the Class Principal Balance of the Group [ ] Certificates; and
(xxx) the Reserve Amount for [with respect to Mortgage Loans serviced by [ ], but only if such Mortgage Loans were subject to a modification of terms made during the related Remittance Date;Due Period as part of a loss mitigation strategy, the following items:
(xxxib) claims filed during the percentage (by outstanding Principal Balance) and the number of Mortgage Loans that were modified in the related Due Period;
(xxxiic) claims paid during the cumulative percentage (by Cut-Off Date Principal Balance) of modified mortgage loans;
(d) the amount of principal forgiven with respect to modified Mortgage Loans for the related Due Period;
(xxxiiie) claims denied by the FHA during cumulative amount of principal forgiven with respect to modified Mortgage Loans from the Due PeriodClosing Date;
(xxxivf) claims pending the percentage (by outstanding Principal Balance) of modified Mortgage Loans that are included in the delinquency trigger calculation for purposes of the Step Down Conditions, the Two Times Test, the Group [ ] Step Down Conditions and the Group [ ] Two Times Test;
(g) the delinquency status of the modified Mortgage Loans both pre- and post- modification;
(h) the number of times the Mortgage Loan has been subject to modification;
(i) the effective date of the modification;
(j) the number of modifications made to Mortgage Loans in the last twelve months;
(k) the percentage (by outstanding Principal Balance) of modified Mortgage Loans that are current or delinquent in payment by and the FHA during delinquency status of the Due Periodmodified Mortgage Loans from the Closing Date; and
(xxxvl) Such the Loan Rate of the modified Mortgage Loans pre- and post- modification.] The Securities Administrator will make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the other information as parties to this Agreement via the Noteholders or Certificateholders may reasonably requireSecurities Administrator’s internet website. The Trustee Securities Administrator’s internet website shall forward initially be located at “[ ].” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at [ ]. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, 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 Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date.
(am) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ixi), (xiii), (xixii) and (xxxv), iv) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder and such other customary information which a Certificateholder reasonably requests to prepare its tax returns. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime.
(bn) On each Remittance Distribution Date, the Trustee Securities Administrator shall forward supply an electronic tape to the Owner TrusteeBloomberg Financial Markets, for distribution Inc. in a format acceptable to the Holder of the GP InterestBloomberg Financial Markets, Inc. on a copy of the report forwarded monthly basis, and shall supply an electronic tape to the Noteholder Loan Performance and Intex Solutions in respect of such Remittance Date a format acceptable to Loan Performance and Intex Solutions on 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 appropriatemonthly basis.
(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: Pooling and Servicing Agreement (Thornburg Mortgage Securities Corp)
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to each Certificateholder, the Certificate Insurer, the Sponsor, and each Rating Agency, a statement based, as applicable, on loan-level information obtained from the Servicers (the “Distribution Date Statement”) as to the 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 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) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage for the related Remittance following Distribution 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 aggregate amount of servicing compensation received by the Servicers and Realized Loss Amounts for the Master Servicer during the related Remittance Date (by Class and in the aggregate)Due Period;
(v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances;
(vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due PeriodPool Balance for such Distribution Date;
(vii) the amount Net WAC and applicable Net WAC Cap at the Close of all Curtailments which were received during Business at the end of the related Due Period;
(viii) the aggregate amount Principal Balance of all Excess Payments and the amounts One-Month MTA Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period;
(ix) the amount aggregate Principal Balance of interest received on the LoansOne-Month COFI Indexed Mortgage Loans at the Close of Business at the end of the related Due Period;
(x) 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[Reserved];
(xi) the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date;
(xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month, in each case, using the MBA method;
(xiii) the book value (if available) of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period;
(xiv) the aggregate amount of Principal Prepayments with respect to each Loan Group made during the related Prepayment Period;
(xv) the aggregate amount of Realized Losses incurred during the related Due Period and the cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to each Class of Certificates;
(xvi) the Class Principal Balance or Class Notional Balance, as applicable, of each Class of Certificates after giving effect to any distributions made thereon, on such Distribution Date;
(xvii) the Monthly Interest Distributable Amount and the Interest Distributable Amount in respect of each Class of Certificates, for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date;
(xviii) the aggregate amount of any Realized Losses incurred Net Interest Shortfalls and the Unpaid Interest Shortfall Amount for such Distribution Date;
(xix) the Available Funds;
(xx) the Pass-Through Rate and Adjusted Cap Rate for each Class of Certificates for such Distribution Date;
(xxi) the aggregate Principal Balance of Mortgage Loans purchased hereunder by the Sponsor or an Originator, as applicable, during the related Due Period;
(xiiixxii) 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 current Recoveries allocable to the Remittance Date;
(xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Date;
(xvi) the calculation of the Trigger Event, including the various components thereof;
(xvii) the Cumulative Realized Losses, with respect to the Remittance Date;
(xviii) 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 and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f);
(xxi) the Class Factor for each Class determined using the balances in subclause (xv) above;
(xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodMortgage Loans;
(xxiii) [Reserved]cumulative Recoveries allocable to the Mortgage Loans;
(xxiv) the Spread Amount amount of any Basis Risk Shortfall, if any, and the Specified Subordinated Amount for such Remittance Daterelated accrued interest thereon;
(xxv) the amount of any Applied Realized Loss AmountDeferred Interest and Net Deferred Interest, Realized Loss Amount and Unpaid Realized Loss Amount if any, for each Class as of the close of such Remittance DateMortgage Loans;
(xxvi) the Accelerated amount of Net Deferred Interest, if any, added to the Class Principal Distribution Amount for such Remittance DateBalance of the related Certificates;
(xxvii) Reserved;the amount of the Certificate Insurer Reimbursement Amount, if any; and
(xxviii) the amount Deficiency Amount, if any, to be deposited into paid by the FHA Premium Account on Certificate Insurer. The Securities Administrator shall make the related Remittance 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 amount reimbursable other 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such reports are distributed in order to make such distribution more convenient and/or more accessible to the Servicer from the 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 parties, 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 Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to Certificate Insurer and each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ixi), (xiii), (xixii) and (xxxv), iv) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder and such other customary information which a Certificateholder reasonably requests to prepare its tax returns. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force 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 appropriatetime.
(c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a 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 forcemonthly basis.
(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: Pooling and Servicing Agreement (Luminent Mortgage Trust 2006-2)
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopyeach Certificateholder, for distribution the Seller, any NIMS Insurer, the Master Servicer and each Rating Agency, a statement based, as applicable, on loan-level information obtained from the Master Servicer, the Swap Provider, the Basis Risk Cap Provider and the Servicer (the “Distribution Date Statement”) as to the Noteholdersdistributions to be made or made, and as applicable, on such Distribution Date. The Distribution Date Statement shall include the Owner Trustee for distribution to the Certificateholdersfollowing information, the receipt and legibility of which shall be confirmed telephonicallyin each case, with 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) respect to be delivered on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) 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[Reserved];
(iv) the Interest Shortfall Carryforward Amounts aggregate amount of Servicing Fees, Master Servicing Fees and Realized Loss Amounts Credit Risk Manager Fees for the related Remittance Date (by Class and in the aggregate)Due Period;
(v) the Available Maximum Subordination Amount amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances;
(vi) the number Pool Balance and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due PeriodPool Collateral Balance for such Distribution Date;
(vii) the amount aggregate Principal Balance of all Curtailments which were received during the MTA Indexed Mortgage Loans at the Close of Business at the end of the related Due Period;
(viii) the aggregate amount of all Excess Payments fees, expenses or indemnification amounts paid by the Trust Fund with an identification of the general purpose of such amounts and the amounts of Monthly Payments in respect of principal received during the Due Periodparty receiving such amounts;
(ix) the amount number, weighted average remaining term to maturity, weighted average life and weighted average Loan Rate of interest received on the Loansrelated Mortgage Loans as of the related Due Date;
(x) the amount number and aggregate unpaid principal balance of the Monthly Advances related Mortgage Loans, (a) 30 to be made 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 Determination Date, the portion last day of the Monthly Advances to be deposited in preceding calendar month, using the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination DateOTS method;
(xi) the delinquency book value (if available) of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and foreclosure information set forth in cumulative principal balance of all REO Properties as of the form attached hereto as Exhibit LClose of Business of the last day of the preceding Due Period;
(xii) the aggregate amount of any Principal Prepayments, net Principal Prepayments or other unscheduled recoveries of principal made during the related Prepayment Period;
(xiii) the aggregate amount of Realized Losses incurred during the related Due Period and the cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to each Class of Certificates after giving effect to any distributions made thereon, on such Distribution Date;
(xiv) the Class Principal Balance of each Class of Certificates after giving effect to any distributions made thereon, on such Distribution Date;
(xv) the Monthly Interest Distributable Amount and the Interest Distributable Amount in respect of each related 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;
(xvi) for each Class, the aggregate amount of any Net Interest Shortfalls and the Unpaid Interest Shortfall Amount for such Distribution Date after giving effect to any distributions made thereon, on such Distribution Date;
(xvii) the Available Funds;
(xviii) the Pass-Through Rate and related Adjusted Cap Rate for each Class of Certificates for such Distribution Date;
(xix) the aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller 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, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Date;
(xvi) the calculation of the Trigger Event, including the various components thereof;
(xvii) the Cumulative Realized Losses, with respect to the Remittance Date;
(xviii) 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 and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f);
(xxi) the Class Factor for each Class determined using the balances in subclause (xv) above;
(xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period;
(xxiii) [Reserved];
(xxi) current Recoveries;
(xxii) cumulative Recoveries;
(xxiii) the amount of any Basis Risk Shortfall, if any, for each Class after giving effect to any distributions made thereon, on such Distribution Date;
(xxiv) the Spread Amount amount of Deferred Interest and the Specified Subordinated Amount for such Remittance DateNet Deferred Interest, if any;
(xxv) the amount of any Applied Realized Loss AmountNet Deferred Interest, Realized Loss Amount and Unpaid Realized Loss Amount for each if any, added to the Class as Principal Balance of the close of such Remittance DateCertificates;
(xxvi) the Accelerated Principal Distribution Amount for such Remittance Dateamount of any Unpaid Interest Shortfall Amount;
(xxvii) Reservedthe Overcollateralized Amount for that Distribution Date;
(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 FHA Premium Account pursuant to Section 7.03(b)(i)Overcollateralization Target Amount for that Distribution Date;
(xxix) the amount of FHA Payments and Related Payments received during the related Due Periodany Class P Distributable Amount;
(xxx) the Reserve Amount for amount on deposit in the related Remittance DatePrefunding Account (including a breakdown of amounts released during the prior calendar month in respect of Aggregate Subsequent Transfer Amounts or amounts included in Available Funds on the Distribution Date in the month following the end of the Prefunding Period);
(xxxi) claims filed during the Due Periodamount of any payments made by the Basis Risk Cap Provider to the Basis Risk Cap Account pursuant to Section 5.13;
(xxxii) claims paid during the Due Period;
(xxxiii) claims denied by aggregate Principal Balance and number of Subsequent Mortgage Loans purchased in the FHA during the Due Period;
(xxxiv) claims pending payment by the FHA during the Due Prefunding Period; and
(xxxvxxxiii) 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 any Net Swap Payment to the Note Distribution Account Supplemental Interest Trust made pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable 5.10, any Net Swap Payment to the Servicer or Swap Provider made pursuant to Section 5.10, any Swap Termination Payment to the Representative, as appropriate, Supplemental Interest Trust made pursuant to Sections 7.04(c)(i), 7.04(c)(ii) 5.10 and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided any Swap Termination Payment to the Trustee by Swap Provider made pursuant to Section 5.10. The Securities Administrator shall make the Servicer or Distribution Date Statement (and, at its option, any additional files containing the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate same information in an alternative format) available each month to Certificateholders and the hard copy thereof, parties to this Agreement via the Trustee 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 1-866-846-4526. Parties that are unable to use the above distribution option are entitled to rely upon have a paper copy mailed to them via first class mail by calling the telecopycustomer service desk and indicating such. The Securities Administrator shall have the right to change the way such reports are distributed in order to make such distribution more convenient and/or more accessible to the parties, and the Securities Administrator shall provide timely and adequate notification to all parties regarding any such change. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Initial Cut-Off off Date. In addition to the information listed above, such Distribution Date Statement or the report on Form 10-D for such Distribution Date shall also include any other information required by Item 1121 (§ 229.1121) of Regulation AB.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to any NIMS Insurer and each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person or any NIMS Insurer, such information as is reasonably necessary to provide to such Person or any NIMS Insurer a statement containing the information set forth in subclauses (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person or any NIMS Insurer was a NoteholderCertificateholder and such other customary information which a Certificateholder reasonably requests to prepare its tax returns. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force 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 appropriatetime.
(c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a 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 forcemonthly basis.
(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: Pooling and Servicing Agreement (HarborView 2007-5)
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to each Certificateholder, the Sponsor, and each Rating Agency, a statement based, as applicable, on loan-level information obtained from the Servicers (the “Distribution Date Statement”) as to the 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 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) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage for the related Remittance following Distribution 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 aggregate amount of servicing compensation received by the Servicers and Realized Loss Amounts for the Master Servicer during the related Remittance Date (by Class and in the aggregate)Due Period;
(v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances;
(vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due PeriodPool Balance for such Distribution Date;
(vii) the amount Net Maximum Rate Cap, the Net WAC and the applicable Net WAC Cap at the Close of all Curtailments which were received during Business at the end of the related Due Period;
(viii) the aggregate amount Principal Balance of all Excess Payments and the amounts One-Month MTA Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period;
(ix) the amount aggregate Principal Balance of interest received on the LoansOne-Month LIBOR Indexed Mortgage Loans at the Close of Business at the end of the related Due Period;
(x) 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[Reserved];
(xi) the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date;
(xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate, (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, in each case, using the MBA method;
(xiii) the book value (if available) of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties as of the Close of Business of the last day of the preceding Due Period;
(xiv) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xv) the aggregate amount of Realized Losses incurred during the related Due Period and the cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to each Class of Certificates;
(xvi) the Class Principal Balance or Class Notional Balance, as applicable, of each Class of Certificates after giving effect to any distributions made thereon, on such Distribution Date;
(xvii) the Monthly Interest Distributable Amount and the Interest Distributable Amount in respect of each Class of Certificates, for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date;
(xviii) the aggregate amount of any Realized Losses incurred Net Interest Shortfalls and the Unpaid Interest Shortfall Amount for such Distribution Date;
(xix) the Available Funds;
(xx) the Pass-Through Rate and Adjusted Cap Rate for each Class of Certificates for such Distribution Date;
(xxi) the aggregate Principal Balance of Mortgage Loans purchased hereunder by the Sponsor or an Originator, as applicable, during the related Due Period;
(xiiixxii) 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 current Recoveries allocable to the Remittance Date;
(xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Date;
(xvi) the calculation of the Trigger Event, including the various components thereof;
(xvii) the Cumulative Realized Losses, with respect to the Remittance Date;
(xviii) 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 and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f);
(xxi) the Class Factor for each Class determined using the balances in subclause (xv) above;
(xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodMortgage Loans;
(xxiii) [Reserved]cumulative Recoveries allocable to the Mortgage Loans;
(xxiv) the Spread Amount amount of any Basis Risk Shortfall, if any, and the Specified Subordinated Amount for such Remittance Daterelated accrued interest thereon;
(xxv) the amount of any Applied Realized Loss AmountDeferred Interest and Net Deferred Interest, Realized Loss Amount and Unpaid Realized Loss Amount if any, for each Class as of the close of such Remittance DateMortgage Loans;
(xxvi) the Accelerated amount of Net Deferred Interest, if any, added to the Class Principal Distribution Amount for such Remittance DateBalance of the related Certificates;
(xxvii) Reservedthe amount of any Class X Distributable Amount and the Class ES Distributable Amount;
(xxviii) the amount to be of any Final Maturity Reserve Amount deposited into in the FHA Premium Account Final Maturity Reserve Account, the total amount on deposit therein after such deposit, and, on the related Remittance earlier of the Distribution Date in July 2036 and the termination of the Trust Fund, the amount reimbursable to the Servicer distributed from the FHA Premium Final Maturity Reserve Account pursuant to Section 7.03(b)(i);each Class of Certificates; and
(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 requireLender-Paid Insurance Fee Rate. The Trustee Securities Administrator shall forward 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 the other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, 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 Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ixi), (xiii), (xixii) and (xxxv), iv) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder and such other customary information which a Certificateholder reasonably requests to prepare its tax returns. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force 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 appropriatetime.
(c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a 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 forcemonthly basis.
(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
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopyeach Certificateholder, for distribution the Seller, any NIMS Insurer, the Master Servicer and each Rating Agency, a statement based, as applicable, on loan-level information obtained from the Master Servicer and the Servicers (the “Distribution Date Statement”) as to the Noteholdersdistributions to be made or made, and as applicable, on such Distribution Date. The Distribution Date Statement shall include the Owner Trustee for distribution to the Certificateholdersfollowing information, the receipt and legibility of which shall be confirmed telephonicallyin each case, with 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) respect to be delivered on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) 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[Reserved];
(iv) the Interest Shortfall Carryforward Amounts aggregate amount of Servicing Fees, Master Servicing Fees and Realized Loss Amounts Credit Risk Manager’s Fees for the related Remittance Date (by Class and in the aggregate)Due Period;
(v) the Available Maximum Subordination Amount amount of Advances for each Loan Group and the aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances;
(vi) the number Loan Group Balance for each Loan Group and Principal Balances the Net WAC for each Loan Group at the Close of all Loans which were Business at the subject end of Principal Prepayments during the related Due Period;
(vii) the amount of all Curtailments which were received during the Due Period[Reserved];
(viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments and the amounts MTA Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period;
(ix) for each Loan Group, the amount of interest received on fees, expenses or indemnification amounts paid by the LoansTrust Fund with an identification of the general purpose of such amounts and the party receiving such amounts;
(x) for each Loan Group, the amount number, weighted average remaining term to maturity, weighted average life and weighted average Loan Rate of the Monthly Advances to be made on the Determination Date, the portion related Mortgage Loans as 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 related Due Date;
(xi) for each Loan Group, the delinquency number and aggregate unpaid principal balance of the related Mortgage Loans, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure information set forth proceedings have been commenced and (e) in bankruptcy, in each case as of the form attached hereto as Exhibit Lclose of business on the last day of the preceding calendar month, using the MBA method;
(xii) for each Loan Group, the book value (if available) of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period;
(xiii) for each Loan Group, the aggregate amount of any Principal Prepayments with respect to each Loan Group made during the related Prepayment Period;
(xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the related Due Period;
(xiii) the Available Remittance Amounts Period for the Remittance Date, in the aggregate and by component;
(xiv) the Reimbursable Amounts each Loan Group and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance each Class of Certificates after giving effect to any distributions made thereon, on such Distribution Date;
(xv) the Class Principal Balance for of each Class of Class A, Class M and Class B Notes Certificates and the Pool Balance Apportioned Principal Balances of the Subordinate Certificates after giving effect to the distribution to be any distributions made on the Remittance Date and after allocation of the Applied Realized Loss Amount made thereon, on such Remittance Distribution Date;
(xvi) for each Loan Group, the calculation Monthly Interest Distributable Amount and the Interest Distributable Amount in respect of each related Class of Certificates, for such Distribution Date and the Trigger Eventrespective portions thereof, including if any, remaining unpaid following the various components thereofdistributions made in respect of such Certificates on such Distribution Date;
(xvii) for each Loan Group, the Cumulative Realized Lossesaggregate amount of any Net Interest Shortfalls and the Unpaid Interest Shortfall Amount for such Distribution Date after giving effect to any distributions made thereon, with respect to the Remittance on such Distribution Date;
(xviii) for each Loan Group, the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Daterelated Available Funds;
(xix) the Servicing Feesfor each Loan Group, the Contingency Fees Pass-Through Rate and amounts to be deposited to the Expense Account and the FHA Premium Accountrelated Adjusted Cap Rate for each Class of Certificates for such Distribution Date;
(xx) for each Loan Group, the amount aggregate Principal Balance of all payments Mortgage Loans purchased hereunder by the Seller during the related Due Period, and reimbursements to indicating the Servicer pursuant to relevant section of the Mortgage Loan Purchase Agreement, or the Section 4.04(b)of this Agreement, (c)as applicable, (d)(ii), (e) and (f)requiring or allowing the purchase of each such Mortgage Loan;
(xxi) the Class Factor for each Class determined using Loan Group, the balances in subclause (xv) aboveamount of any Principal Deficiency Amounts or Accrued Interest Amounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(f)(i);
(xxii) the weighted average Loan Interest Rate amount of any Basis Risk Shortfall and the weighted average Unpaid Basis Risk Shortfall, if any, for each Class Adjusted Loan Remittance Ratesafter giving effect to any distributions made thereon, in each case for the related Remittance on such Distribution Date, and the weighted average Loan Interest Rate for the prior three month period;
(xxiii) [Reserved]for each Loan Group, the amount of Deferred Interest and Net Deferred Interest, if any, for such Loan Group;
(xxiv) the Spread Amount and amount of Net Deferred Interest, if any, added to the Specified Subordinated Amount for such Remittance Date;Class Principal Balance of the Certificates
(xxv) the amount of any Applied Realized Loss Unpaid Interest Shortfall 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 of any Final Maturity Reserve Amount for such Remittance deposited in the Final Maturity Reserve Account, and, on the Final Maturity Reserve Termination Date, the amount distributed from the Final Maturity Reserve Account to each Class of Certificates;
(xxvii) Reservedthe Overcollateralized Amount for that Distribution Date;
(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 FHA Premium Account pursuant to Section 7.03(b)(i)Overcollateralization Target Amount for that Distribution Date;
(xxix) the amount number of FHA Payments Mortgage Loans and Related Payments received during the related Due Period;aggregate Stated Principal Balance of Mortgage Loans that have negative amortization; and
(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 requireamount of any Class P Distributable Amount. The Trustee Securities Administrator shall forward 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 the other 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 option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, 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 Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date. In addition to the information listed above, such Distribution Date Statement or the report on Form 10-D for such Distribution Date shall also include any other information required by Item 1121 (§ 229.1121) of Regulation AB.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to any NIMS Insurer and each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person or any NIMS Insurer, such information as is reasonably necessary to provide to such Person or any NIMS Insurer a statement containing the information set forth in subclauses (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person or any NIMS Insurer was a NoteholderCertificateholder and such other customary information which a Certificateholder reasonably requests to prepare its tax returns. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force 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 appropriatetime.
(c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a 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 forcemonthly basis.
(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: Pooling and Servicing Agreement (Harborview 2006-8)
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Trustee shall make available to each Certificateholder, the Certificate Insurer, the Seller, and each Rating Agency, a statement based, as applicable, on loan-level information obtained from and the Servicer shall deliver (the “Distribution Date Statement”) as to the 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 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) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution 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 aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances;
(vi) the number Pool Collateral Balance and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due PeriodLoan Group Collateral Balance for such Distribution Date;
(vii) the amount Loan Group Balance and related Net WAC and applicable Net WAC Cap for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period;
(viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments the One-Month MTA and LIBOR Indexed Mortgage Loans at the amounts Close of Monthly Payments in respect Business at the end of principal received during the related Due Period;
(ix) the amount of interest received on the Loans[Reserved];
(x) 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[Reserved];
(xi) for each Loan Group, the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date;
(xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month, in each case, using the MBA method;
(xiii) the book value (if available) of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period;
(xiv) the aggregate amount of any Principal Prepayments with respect to each Loan Group made during the related Prepayment Period;
(xv) the aggregate amount of Realized Losses incurred during the related Due Period;
(xiii) the Available Remittance Amounts Period for the Remittance Date, in the aggregate and by component;
(xiv) the Reimbursable Amounts each Loan Group and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance Date;
(xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateCertificates or Principal-Only Components;
(xvi) the calculation Class Principal Balance or Class Notional Balance, as applicable, of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date;
(xvii) the Cumulative Realized LossesMonthly Interest Distributable Amount and the Interest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date;
(xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date;
(xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group;
(xx) the amount Pass-Through Rate and Adjusted Cap Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date;
(xxi) the Class Factor for 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 Class determined using the balances in subclause (xv) abovesuch Mortgage Loan;
(xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(e)(i);
(xxiii) [Reserved]current Recoveries allocable to each Loan Group;
(xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Datecumulative Recoveries allocable to each Loan Group;
(xxv) the amount of any Applied Realized Loss AmountBasis Risk Shortfall, Realized Loss Amount if any, and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Daterelated accrued interest thereon;
(xxvi) for each Loan Group, the Accelerated Principal Distribution Amount amount of Deferred Interest and Net Deferred Interest, if any, for such Remittance DateLoan Group;
(xxvii) Reservedthe amount of Net Deferred Interest, if any, added to the Class Principal Balance of the related Certificates;
(xxviii) the amount to be deposited into of the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i)Certificate Insurer Reimbursement Amount, if any;
(xxix) the amount of FHA Payments and Related Payments received during Deficiency Amount, if any, to be paid by the related Due PeriodCertificate Insurer;
(xxx) the Reserve Amount for number of mortgage loans and the related Remittance Dateaggregate principal balance of the mortgage loans that have negatively amortized in each Loan Group;
(xxxi) claims filed during the Due Periodamount of any Class X-1 Distributable Amount, Class X-2 Distributable Amount and Class X-B Distributable Amount;
(xxxii) claims paid the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy during the Due Period;
(xxxiii) claims denied by the FHA during the Due Period;
(xxxiv) claims pending payment by the FHA during the related Due Period; and
(xxxvxxxiii) Such other information as the Noteholders or Certificateholders may reasonably requireamount of the Bulk PMI Fee paid during the Due Period to which such distribution relates. The Trustee shall forward 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 the other parties to this Agreement via the Trustee’s Internet website. The Trustee’s Internet website shall initially be located at “▇▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/invr.” Assistance in using the website can be obtained by calling the Trustee customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to rely upon the telecopyall parties regarding any such change. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to Certificate Insurer and each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime.
(bc) On each Remittance Distribution Date, the Trustee shall forward supply an electronic tape to the Owner TrusteeBloomberg Financial Markets, for distribution Inc. in a format acceptable to the Holder of the GP InterestBloomberg Financial Markets, Inc. on a copy of the report forwarded monthly basis, and shall supply an electronic tape to the Noteholder Loan Performance and Intex Solutions in respect of such Remittance Date a format acceptable to Loan Performance and Intex Solutions on 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 appropriatemonthly basis.
(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
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, based, as applicable, on information provided to it by the Servicer Servicer, the Trustee shall deliver prepare and make available to each Holder of the Regular Certificates, the Servicer, the Certificate Insurer and the Rating Agencies, a statement as to the 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 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 distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of the Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) 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 Notesreserved;
(iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Servicer with respect to the related Remittance Date Period (by Class separately identifying Servicing Fees and in other servicing compensation) and such other customary information as the aggregate)Trustee reasonably deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DatePeriod;
(vi) the number and Principal Balances Pool Balance at the Close of all Loans which were Business at the subject end of Principal Prepayments during the Due related Remittance Period;
(vii) the amount number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of all Curtailments which were received during the Due PeriodMortgage Loans as of the related Determination Date;
(viii) the number and aggregate amount unpaid Stated Principal Balance of all Excess Payments 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 amounts Close of Monthly Payments in respect Business on the last day of principal received during the Due Periodcalendar month preceding such Distribution Date, and (b) the related Mortgaged Properties of which are REO Properties;
(ix) the amount total number and cumulative Stated Principal Balance of interest received on all REO Properties as of the LoansClose of Business of the last day of the preceding Prepayment Period;
(x) the aggregate amount of Principal Prepayments made during 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 Daterelated Prepayment Period;
(xi) the delinquency aggregate amount of Realized Losses incurred during the related Prepayment Period and foreclosure information set forth in the form attached hereto as Exhibit Lcumulative amount of Realized Losses;
(xii) the aggregate amount of any Realized Losses incurred Subsequent Recoveries received during the related Due Period;Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date
(xiii) the Available Remittance Amounts for aggregate Certificate Principal Balance of each Class of Regular Certificates after giving effect to the Remittance Datedistributions, and allocations of Realized Losses, made on such Distribution Date separately identifying any reduction thereof due to allocations of Realized Losses (in the aggregate case of the Subordinated Certificates and by componentthe Class C Certificates);
(xiv) the Reimbursable Amounts and Certificate Factor for each Class of the GP Remittance Amount payable with respect Regular Certificates applicable to the Remittance such Distribution Date;
(xv) the Class Principal Balance Accrued Certificate Interest for each Class of Class Athe Senior Certificates, Class M and Class B Notes the Subordinated Certificates and the Pool Balance after giving effect Class C Certificates for such Distribution Date and Unpaid Interest Shortfall Amount, if any, with respect to the distribution to be made on Class A Certificates and the Remittance Date and after allocation of the Applied Realized Loss Amount made on Subordinated Certificates for such Remittance Distribution Date;
(xvi) the calculation aggregate amount of the Trigger Event, including the various components thereofany Net Prepayment Interest Shortfalls for such Distribution Date;
(xvii) the Cumulative Realized Losses, with respect to the Remittance aggregate amount of any Relief Act Interest Shortfalls for such Distribution Date;
(xviii) the amount, if any, by which Overcollateralized Amount and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Excess Overcollateralization Amount for such Remittance Distribution Date;
(xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium AccountCredit Enhancement Percentage for such Distribution Date;
(xx) the Net WAC Rate Carryover Amount for the Class A Certificates and the Subordinated Certificates, if any, for such Distribution Date and the amount of all remaining unpaid after payments and reimbursements to from the Servicer Excess Reserve Fund Account are made pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f4.01(e);
(xxi) when the Class Factor for each Class determined using the balances Stepdown Date has occurred and when a Trigger Event is in subclause (xv) aboveeffect;
(xxii) the weighted average Loan Interest Rate deposits to and withdrawals from the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Excess Reserve Fund Account on such Distribution Date, and the weighted average Loan Interest Rate for the prior three month period;
(xxiii) [Reserved]the Available Funds for such Distribution Date;
(xxiv) the Spread Amount respective Pass-Through Rates applicable to the Senior Certificates, the Subordinated Certificates and the Specified Subordinated Amount Class C Certificates for such Remittance Distribution Date and the respective Pass-Through Rates applicable to the Senior Certificates and the Subordinated Certificates for the immediately succeeding Distribution Date;
(xxv) the amount of any Applied Realized Loss Amount, Realized Loss aggregate Notional Amount and Unpaid Realized Loss Amount for each Class as of the close of Class C Certificates and Class IO Certificates, in each case after giving effect the reductions thereof to occur on such Remittance Distribution Date;
(xxvi) the Accelerated Principal Distribution amount of the Reimbursement Amount for such Remittance Distribution Date and the amount received by the Certificate Insurer in respect thereof on such Distribution Date;
(xxvii) Reserved;the amount on deposit in the Interest Coverage Account; and
(xxviii) for the amount 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 and that is being distributed to the Certificateholders on such Distribution Date. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the Servicer, the Trustee, the Certificate Insurer and the Rating Agencies via the Trustee’s internet website. The Trustee’s responsibility for disbursing the above information to the Certificateholders is limited to the availability, timeliness, and accuracy of the information derived from the Servicer. By each Determination Date, the Servicer shall provide to the Trustee in electronic form the information needed to determine the distributions 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 made pursuant to Section 7.03(b)(i);
(xxix) the amount of FHA Payments 4.01 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 any other information as on which the Noteholders or Certificateholders may reasonably requireServicer and the Trustee mutually agree. The Trustee’s internet website shall initially be located at h▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇▇▇▇. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at 1-▇▇▇-▇▇▇-▇▇▇▇. 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 forward 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 Noteholders above parties 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to rely upon the telecopyall above parties regarding any such changes. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per $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.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in force.
(b) time. On each Remittance Distribution Date, the Trustee shall forward make available to the Owner Trustee, for distribution to the Holder of the GP Interest, Class R Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution 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 Trustee deems necessary or appropriate.
(c) . Within a reasonable period of time after the end of each calendar year, the Servicer Trustee shall furnish to the Trustee, with a copy to the Owner Trustee for distribution deliver to each Person who at any time during the calendar year was a Holder of the GP Interest 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 Holder of the GP InterestClass R Certificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Certificateholders by the Servicer 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: (di) Upon reasonable advance notice the private placement memorandum or other disclosure document relating to such Certificates, if any, in writingthe 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 will provide since the Closing Date to each Class Aevidence the Servicer’s determination that any Advance or Servicing Advance was, Class M or if made, would be a Nonrecoverable Advance or Nonrecoverable Servicing Advance, respectively. Copies and Class B Noteholder which is a savings mailing of any 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 all of the Office foregoing items will be available from the Trustee upon request at the expense of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notesperson requesting the same.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (IndyMac Residential Mortgage-Backed Trust, Series 2006-L4)
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, based, as applicable, on information provided to it by the Servicer Servicer, the Trustee shall deliver prepare and make available to each Holder of the Regular Certificates, the Servicer, the Certificate Insurer and the Rating Agencies, a statement as to the 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 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 distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of the Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) 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 Notesreserved;
(iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Servicer with respect to the related Remittance Date Period (by Class separately identifying Servicing Fees and in other servicing compensation) and such other customary information as the aggregate)Trustee reasonably deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DatePeriod;
(vi) the number and Principal Balances Pool Balance at the Close of all Loans which were Business at the subject end of Principal Prepayments during the Due related Remittance Period;
(vii) the amount number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of all Curtailments which were received during the Due PeriodMortgage Loans as of the related Determination Date;
(viii) the number and aggregate amount unpaid Stated Principal Balance of all Excess Payments 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 amounts Close of Monthly Payments in respect Business on the last day of principal received during the Due Periodcalendar month preceding such Distribution Date, and (b) the related Mortgaged Properties of which are REO Properties;
(ix) the amount total number and cumulative Stated Principal Balance of interest received on all REO Properties as of the LoansClose of Business of the last day of the preceding Prepayment Period;
(x) the aggregate amount of Principal Prepayments made during 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 Daterelated Prepayment Period;
(xi) the delinquency aggregate amount of Realized Losses incurred during the related Prepayment Period and foreclosure information set forth in the form attached hereto as Exhibit Lcumulative amount of Realized Losses;
(xii) the aggregate amount of any Realized Losses incurred Subsequent Recoveries received during the related Due Period;Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date
(xiii) the Available Remittance Amounts for aggregate Certificate Principal Balance of each Class of Regular Certificates after giving effect to the Remittance Datedistributions, and allocations of Realized Losses, made on such Distribution Date separately identifying any reduction thereof due to allocations of Realized Losses (in the aggregate case of the Subordinated Certificates and by componentthe Class C Certificates);
(xiv) the Reimbursable Amounts and Certificate Factor for each Class of the GP Remittance Amount payable with respect Regular Certificates applicable to the Remittance such Distribution Date;
(xv) the Accrued Certificate Interest for the Class Principal Balance for each Class of Class AA Certificates, Class M and Class B Notes the Subordinated Certificates and the Pool Balance after giving effect Class C Certificates for such Distribution Date and Unpaid Interest Shortfall Amount, if any, with respect to the distribution to be made on Class A Certificates and the Remittance Date and after allocation of the Applied Realized Loss Amount made on Subordinated Certificates for such Remittance Distribution Date;
(xvi) the calculation aggregate amount of the Trigger Event, including the various components thereofany Net Prepayment Interest Shortfalls for such Distribution Date;
(xvii) the Cumulative Realized Losses, with respect to the Remittance aggregate amount of any Relief Act Interest Shortfalls for such Distribution Date;
(xviii) the amount, if any, by which Overcollateralized Amount and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Excess Overcollateralization Amount for such Remittance Distribution Date;
(xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium AccountCredit Enhancement Percentage for such Distribution Date;
(xx) the Net WAC Rate Carryover Amount for the Class A Certificates and the Subordinated Certificates, if any, for such Distribution Date and the amount of all remaining unpaid after payments and reimbursements to from the Servicer Excess Reserve Fund Account are made pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f4.01(e);
(xxi) when the Class Factor for each Class determined using the balances Stepdown Date has occurred and when a Trigger Event is in subclause (xv) aboveeffect;
(xxii) the weighted average Loan Interest Rate deposits to and withdrawals from the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Excess Reserve Fund Account on such Distribution Date, and the weighted average Loan Interest Rate for the prior three month period;
(xxiii) [Reserved]the Available Funds for such Distribution Date;
(xxiv) the Spread Amount respective Pass-Through Rates applicable to the Class A Certificates, the Subordinated Certificates and the Specified Subordinated Amount Class C Certificates for such Remittance Distribution Date and the respective Pass-Through Rates applicable to the Class A Certificates and the Subordinated Certificates for the immediately succeeding Distribution Date;
(xxv) the amount of any Applied Realized Loss Amount, Realized Loss aggregate Notional Amount and Unpaid Realized Loss Amount for each Class as of the close of Class C Certificates, in each case after giving effect the reductions thereof to occur on such Remittance Distribution Date;
(xxvi) the Accelerated Principal Distribution amount of the Reimbursement Amount for such Remittance Distribution Date and the amount received by the Certificate Insurer in respect thereof on such Distribution Date;; and
(xxvii) Reserved;
reserved. The Trustee will make such statement (xxviiiand, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the amount to be deposited into Servicer, the FHA Premium Account on Trustee, the related Remittance Date Certificate Insurer and the amount reimbursable Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at h▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇▇▇▇. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at 1-▇▇▇-▇▇▇-▇▇▇▇. Parties that are unable to use the Servicer from above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the FHA Premium Account pursuant to Section 7.03(b)(i);
(xxix) the amount of FHA Payments customer service desk 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 requireindicating such. The Trustee shall forward 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 Noteholders above parties 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to rely upon the telecopyall above parties regarding any such changes. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per $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.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in force.
(b) time. On each Remittance Distribution Date, the Trustee shall forward make available to the Owner Trustee, for distribution to the Holder of the GP Interest, Class R Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution 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 Trustee deems necessary or appropriate.
(c) . Within a reasonable period of time after the end of each calendar year, the Servicer Trustee shall furnish to the Trustee, with a copy to the Owner Trustee for distribution deliver to each Person who at any time during the calendar year was a Holder of the GP Interest 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 Holder of the GP InterestClass R Certificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Certificateholders by the Servicer 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: (di) Upon reasonable advance notice the private placement memorandum or other disclosure document relating to such Certificates, if any, in writingthe 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 will provide since the Closing Date to each Class Aevidence the Servicer’s determination that any Advance or Servicing Advance was, Class M or if made, would be a Nonrecoverable Advance or Nonrecoverable Servicing Advance, respectively. Copies and Class B Noteholder which is a savings mailing of any 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 all of the Office foregoing items will be available from the Trustee upon request at the expense of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notesperson requesting the same.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (IndyMac Residential Mortgage-Backed Trust, Series 2006-L2)
Statements. Each month, not (a) Not later than 12:00 noon New York time on the Determination 5:00 p.m. one Business Day prior to each Payment Date, the Master Servicer shall deliver make available to the TrusteeIndenture Trustee and the Yield Maintenance Provider, by telecopy, for and concurrently with each distribution to Securityholders, the NoteholdersMaster Servicer shall make available to each Securityholder, and the Seller, the Owner Trustee for distribution and each Rating Agency, a statement based solely on loan-level information provided to it by the Servicers (the "Payment Date Statement") as to the Certificateholdersdistributions to be made or made, as applicable, on such Payment Date. Information in the receipt and legibility of which Payment Date Statement relating to or based on amounts available in the Yield Maintenance Account shall be confirmed telephonically, with hard copy thereof and based on information provided by the Servicer's Monthly Computer Tape Yield Maintenance Provider regarding distributions to be made for the related Payment Date pursuant to the Yield Maintenance Agreements. The Indenture Trustee shall confirm to the Master Servicer receipt of such amounts in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) to be delivered Yield Maintenance Account on the Business Day following the Determination immediately preceding such Payment Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and . The Payment Date Statement will include the following:
(i) the Available Remittance Amounts for aggregate amount of the related Remittance Datepayment to be made on such Payment Date to the Holders of each Class of Notes, to the extent applicable, allocable to principal;
(ii) the Class Principal Balances for aggregate amount of the payment to be made on such Payment Date to the Holders of each Class of Class A, Class M Notes allocable to interest and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notescalculation thereof;
(iii) the Principal Distribution Amounts for amount, if any, of any distribution to the related Remittance Date, in Holders of the aggregate Trust Certificate; 83836 ▇▇▇▇▇▇▇▇▇ 2003-4 [10203-023] Sale and listed separately for the portions relating to each Class of Class A, Class M and Class B Notes;Servicing Agreement
(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 Loans which were the subject of Principal Prepayments during the Due Period;
(vii) the amount of all Curtailments which were received during the Due Period;
(viiiA) the aggregate amount of all Excess Payments and the amounts of Monthly Payments in respect of principal received during the Due Period;
(ix) the amount of interest received on the Loans;
(x) the amount of the any Monthly Advances required to be made by or on the Determination Date, the portion behalf of the Monthly Advances to be deposited in Servicers (or the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date;
(xiMaster Servicer) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit L;
(xii) 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 such Payment Date;
, (xvB) the Class Principal Balance for each Class aggregate amount of Class Asuch Monthly Advances actually made, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Date;
(xvi) the calculation of the Trigger Event, including the various components thereof;
(xvii) the Cumulative Realized Losses, with respect to the Remittance Date;
(xviiiC) the amount, if any, by which the applicable Formula Distribution Amount (A) above 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 and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f);
(xxi) the Class Factor for each Class determined using the balances in subclause (xvB) above;
(xxiiv) the weighted average Loan Interest Rate total number of Mortgage Loans in the aggregate and the weighted average Class Adjusted Loan Remittance Ratesaggregate 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 for at the close of business at the end of the related Remittance Date, Due Period and the weighted average Loan Interest Net WAC Rate for the prior three month period;
(xxiii) [Reserved];
(xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Payment Date;
(xxvvi) 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 Applied Realized Loss AmountLosses 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, Realized Loss Amount Servicing Fees and Unpaid Realized Loss Amount for 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 Class 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 Remittance 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;
(xxvixiii) the Accelerated Note Interest Rate applicable to such Payment Date with respect to each Class of Notes; 83836 ▇▇▇▇▇▇▇▇▇ 2003-4 [10203-023] Sale and Servicing Agreement
(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 Remittance Payment 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 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
(xxxvxvi) Such other information as the Noteholders or Certificateholders may reasonably require. The Trustee shall forward level of LIBOR; any Yield Maintenance Payments made for such report to period, the Noteholders notional balances on each Yield Maintenance Agreement and the Owner Trustee on the Remittance Excess Yield Maintenance Amount for such Payment Date, together with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (iii), (viiiii) and (xiiivi) above, the amounts shall also be expressed in a separate section of the report as a dollar amount for each Note per $1,000 of original dollar principal 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 (Thornburg Mortgage Inc)
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopyeach Certificateholder, for distribution the Seller, the Master Servicer and the Rating Agency, a statement based, as applicable, on loan-level information obtained from the Master Servicer and the Servicers (the “Distribution Date Statement”) as to the Noteholders, and the Owner Trustee 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 M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution 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 aggregate amount of servicing compensation received by each Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances;
(vi) the number Special Hazard Loss Coverage Amount, the Fraud Loss Coverage Amount and Principal Balances the Bankruptcy Loss Coverage Amount, each as of all Loans which were the subject of Principal Prepayments during the Due Periodrelated Determination Date;
(vii) the amount Loan Group Balance and related Net WAC for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period;
(viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments and the amounts One-Year CMT Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period;
(ix) for each Loan Group, the amount aggregate Principal Balance of interest received on the LoansOne-Month LIBOR Indexed, Six-Month LIBOR Indexed and One-Year LIBOR Indexed Mortgage Loans at the Close of Business at the end of the related Due Period;
(x) 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[Reserved];
(xi) for each Loan Group, the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date;
(xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month;
(xiii) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period;
(xiv) the aggregate amount of any Principal Prepayments and Prepayment Penalty Amounts with respect to each Loan Group made during the related Prepayment Period;
(xv) the aggregate amount of 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 Period and the GP Remittance Amount payable with respect to the Remittance Date;
(xv) the Class Principal Balance for each Class cumulative amount of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateLosses;
(xvi) the calculation Class Certificate Principal Balance or Class Certificate Notional Amount, as applicable, of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date;
(xvii) the Cumulative Realized LossesInterest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date;
(xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date;
(xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group;
(xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date;
(xxi) the Class Factor for aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, and indicating the relevant section of the related Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each Class determined using the balances in subclause (xv) abovesuch Mortgage Loan;
(xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(f)(i);
(xxiii) [Reserved];current Recoveries allocable to each Loan Group; and
(xxiv) cumulative Recoveries allocable to each Loan Group. The Securities Administrator will make the Spread Amount 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 Specified Subordinated Amount for other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such Remittance Date;
(xxv) reports are distributed in order to make such distribution more convenient and/or more accessible to the amount of any Applied Realized Loss Amountparties, 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 Securities Administrator shall provide timely and adequate notification to the Servicer from the 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 all parties regarding any 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), i) through (xiii), (xixiii) and (xxxv), xxi) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force 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 appropriatetime.
(c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a 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 forcemonthly basis.
(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: Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2004-7)
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, based, as applicable, on information provided to it by the Servicer Master Servicer, the Trustee shall deliver prepare and forward by mail to each Holder of the Regular Certificates, the Master Servicer, the Certificate Insurer and the Rating Agencies, a statement as to the 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 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 distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Class A Certificates, separately identified, allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class AA Certificates allocable to interest, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesseparately identified;
(iii) the Principal Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Amounts Date for the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M A Certificates and Class B Notesthe General Excess Available Amount for each related Loan Group for such Distribution Date;
(iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Master Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns and, separately identified, the amount of compensation paid to the Special Servicer;
(v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period;
(vi) the number Pool Principal Balance and Principal Balances the Loan Group Balance for each Loan Group at the Close of all Loans which were Business at the subject end of Principal Prepayments during the related Due Period;
(vii) the amount number, weighted average remaining term to maturity and weighted average Mortgage Rate of all Curtailments which were received during the Mortgage Loans as of the related Due PeriodDate;
(viii) separately stated for each Loan Group, the number and aggregate amount unpaid principal balance of all Excess Payments Mortgage Loans (a) 30 to 59 days past due on a contractual basis, (b) 60 to 89 days past due on a contractual basis, (c) 90 or more days past due on a contractual basis, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy as of the amounts Close of Monthly Payments in respect Business on the last day of principal received during the Due Periodcalendar month preceding such Distribution Date;
(ix) with respect to any Mortgage Loan that became an REO Property during the amount preceding calendar month, the loan number of interest received on such Mortgage Loan, the LoansPrincipal Balance of such Mortgage Loan as of the date it became an REO Property;
(x) the amount book value of any REO Property as of the Monthly Advances to be made Close of Business on the Determination last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the portion total number and cumulative principal balance of all REO Properties as of the Monthly Advances to be deposited in Close of Business of the Note Distribution Account pursuant to Section 7.01(a)(ii), and last day of the Compensating Interest payment to be made on the Determination Datepreceding due period;
(xi) the delinquency and foreclosure information set forth in aggregate amount of Principal Prepayments made during the form attached hereto as Exhibit Lrelated Prepayment Period;
(xii) the aggregate amount of any Realized Losses incurred during the related Due PeriodPeriod and the cumulative amount of Realized Losses;
(xiii) the Available Remittance Amounts aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for the Remittance such Distribution Date, in the aggregate and by component;
(xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect Class Certificate Principal Balance of each Class of Class A Certificates, after giving effect to the Remittance distributions made on such Distribution Date;
(xv) the Class Principal Balance for Interest Distributable Amount in respect of each Class of Class A, Class M and Class B Notes A Certificates for such Distribution Date and the Pool Balance after giving effect to respective portions thereof, if any, remaining unpaid following the distribution to be distributions made on the Remittance Date and after allocation in respect of the Applied Realized Loss Amount made such Certificates on such Remittance Distribution Date;
(xvi) the calculation aggregate amount of any Prepayment Interest Shortfalls and the Trigger EventUnpaid Interest Shortfall Amount for such Distribution Date, including to the various components thereofextent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) the Cumulative Realized Losses, with respect aggregate Premium Amount to be paid to the Remittance DateCertificate Insurer;
(xviii) the amountGroup II Available Funds Cap Carryover Amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) the Servicing Fees, the Contingency Fees and amounts to be deposited any Overcollateralization Deficiency Amount after giving effect to the Expense Account and the FHA Premium Accountdistribution of principal on such Distribution Date;
(xx) whether the amount Step Down Cumulative Loss Test, Step Down Rolling Delinquency Test, Step Down Rolling Loss Test, Step Up Cumulative Loss Test, Step Up Rolling Delinquency Test, Step Up Rolling Loss Test and/or Step Up Spread Squeeze Test have been met, the cumulative realized losses with respect to each Loan Group, as a percentage of all payments the original Loan Group Balance, the Delinquency Percentage and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Annual Loss Percentage;
(xxi) the Class Factor for Available Funds with respect to each Class determined using the balances in subclause (xv) aboveLoan Group;
(xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Pass-Through Rate for the prior three month periodClass A-2 Certificates for such Distribution Date;
(xxiii) [Reserved]the Liquidation Report for such Distribution Date;
(xxiv) the Spread Amount aggregate Principal Balance of Mortgage Loans purchased by the Master Servicer, Special Servicer or Seller during the related Due Period and indicating the Specified Subordinated Amount for Section of this Agreement requiring or allowing the purchase of each such Remittance DateMortgage Loan;
(xxv) the aggregate amount representing (a) collections of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as Prepayment Premiums during the related Prepayment Period to be distributed to Holders of the close of Class P Certificates and (b) any amounts distributable as principal to such Remittance Holders, on such Distribution Date;; and
(xxvi) the Accelerated Principal Distribution X-1 Component Distributable Amount and X-2 Component Distributable Amount for such Remittance Date;
Distribution Date and (xxvii) Reserved;
(xxviiia) the amount to be deposited into the FHA Premium Account portion thereof distributed on the related Remittance current Distribution Date and the portion thereof remaining unpaid on such Distribution Date, (b) any such amount reimbursable for any prior Distribution Date distributed on the current Distribution Date and (c) any such amount for any prior Distribution Date remaining unpaid after giving effect to the Servicer from distributions on the 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 current Distribution 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, separately stated. The Trustee shall forward such report concurrently with each distribution to the Noteholders Certificateholders, the Certificate Insurer (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: Surveillance Department) and the Owner Trustee Rating Agencies on the Remittance related Distribution Date, together with a separate report indicating . The Trustee may also make such reports available each month to each party referred to in this paragraph via the amount of funds deposited in the Note Distribution Account Trustee's website. The Trustee's website can be accessed at ▇▇▇▇://▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/invr. The Trustee's obligations pursuant to this Section 7.01(a)(iv); and the amounts which 4.03 are reimbursable limited to the Servicer or extent of its receipt of all necessary information from the Representative, as appropriate, pursuant Master Servicer. The Trustee may fully rely upon and shall have no liability with respect to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared information provided by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Master Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (ii), i) through (viii) and (xiiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), i) through (xiii), (xixiii) and (xxxv), above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime.
(bc) On each Remittance Distribution Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, Class R Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution 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 Trustee deems necessary or appropriate.
(cd) Within a reasonable period of time after the end of each calendar year, the Servicer Trustee shall furnish to the Trustee, with a copy to the Owner Trustee for distribution deliver to each Person who at any time during the calendar year was a Holder of the GP Interest 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 Holder of the GP InterestClass R Certificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Certificateholders by the Servicer Trustee 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: Pooling and Servicing Agreement (United Panam Financial Corp)
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Trustee shall make available to each Certificateholder, the Certificate Insurer, the Yield Maintenance Provider, the Seller, any NIMS Insurer and each Rating Agency, a statement based, as applicable, on loan-level information obtained from the Servicer shall deliver (the “Distribution Date Statement”) as to the Trusteedistributions to be made or made, as applicable, on such Distribution Date. Information in the Distribution Date Statement relating to or based on amounts available in the Yield Maintenance Account and the Class 2A-1C2 Yield Maintenance Account shall be based on information provided by telecopy, the Yield Maintenance Provider regarding any Yield Maintenance Distributable Amounts and Class 2A-1C2 Yield Maintenance Distributable Amounts required to be paid by the Yield Maintenance Provider for distribution the related Distribution Date pursuant to the NoteholdersYield Maintenance Agreement or the Class 2A-1C2 Yield Maintenance Agreement, and as applicable. The Distribution Date Statement shall include the Owner Trustee for distribution to the Certificateholdersfollowing information, the receipt and legibility of which shall be confirmed telephonicallyin each case, with 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) respect to be delivered on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) 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[Reserved];
(iv) the Interest Shortfall Carryforward Amounts aggregate amount of Servicing Fees and Realized Loss Amounts Custodial Fees for the related Remittance Date (by Class and in the aggregate)Due Period;
(v) the Available Maximum Subordination Amount amount of Advances for each Loan Group and the aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances;
(vi) the number Loan Group Balance for each Loan Group and Principal Balances the Net WAC for each Loan Group at the Close of all Loans which were Business at the subject end of Principal Prepayments during the related Due Period;
(vii) the amount of all Curtailments which were received during Pool Balance and the Due PeriodLoan Group Balance for such Distribution Date;
(viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments and the amounts MTA Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period;
(ix) for each Loan Group, the amount of interest received on fees, expenses or indemnification amounts paid by the LoansTrust Fund with an identification of the general purpose of such amounts and the party receiving such amounts;
(x) for each Loan Group, the amount number, weighted average remaining term to maturity, weighted average life and weighted average Loan Rate of the Monthly Advances to be made on the Determination Date, the portion related Mortgage Loans as 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 related Due Date;
(xi) for each Loan Group, the delinquency number and aggregate unpaid principal balance of the related Mortgage Loans, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure information set forth proceedings have been commenced and (e) in bankruptcy, in each case as of the form attached hereto as Exhibit Lclose of business on the last day of the preceding calendar month, using the MBA method;
(xii) for each Loan Group, the book value (if available) of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period;
(xiii) for each Loan Group, the aggregate amount of any Principal Prepayments with respect to each Loan Group made during the related Prepayment Period;
(xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the related Due Period;
(xiii) the Available Remittance Amounts Period for the Remittance Date, in the aggregate and by component;
(xiv) the Reimbursable Amounts each Loan Group and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance each Class of Certificates after giving effect to any distributions made thereon, on such Distribution Date;
(xv) the Class Principal Balance for of each Class of Class A, Class M and Class B Notes Certificates and the Pool Balance Apportioned Principal Balances of the Subordinate Certificates after giving effect to the distribution to be any distributions made on the Remittance Date and after allocation of the Applied Realized Loss Amount made thereon, on such Remittance Distribution Date;
(xvi) for each Loan Group, the calculation Monthly Interest Distributable Amount and the Interest Distributable Amount in respect of each related Class of Certificates, for such Distribution Date and the Trigger Eventrespective portions thereof, including if any, remaining unpaid following the various components thereofdistributions made in respect of such Certificates on such Distribution Date;
(xvii) for each Loan Group, the Cumulative Realized Lossesaggregate amount of any Net Interest Shortfalls and the Unpaid Interest Shortfall Amount for such Distribution Date after giving effect to any distributions made thereon, with respect to the Remittance on such Distribution Date;
(xviii) for each Loan Group, the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Daterelated Available Funds;
(xix) the Servicing Feesfor each Loan Group, the Contingency Fees Pass-Through Rate and amounts to be deposited to the Expense Account and the FHA Premium Accountrelated Adjusted Cap Rate for each Class of Certificates for such Distribution Date;
(xx) for each Loan Group, the amount aggregate Principal Balance of all payments Mortgage Loans purchased hereunder by the Seller during the related Due Period, and reimbursements to indicating the Servicer pursuant to relevant section of the Mortgage Loan Purchase Agreement, or the Section 4.04(b)of this Agreement, (c)as applicable, (d)(ii), (e) and (f)requiring or allowing the purchase of each such Mortgage Loan;
(xxi) the Class Factor for each Class determined using Loan Group, the balances in subclause (xv) aboveamount of any Principal Deficiency Amounts or Accrued Interest Amounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(d);
(xxii) the weighted average current Recoveries allocable to each Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodGroup;
(xxiii) [Reserved]cumulative Recoveries allocable to each Loan Group;
(xxiv) the Spread Amount amount of any Basis Risk Shortfall and the Specified Subordinated Amount Unpaid Basis Risk Shortfall, if any, for each Class after giving effect to any distributions made thereon, on such Remittance Distribution Date;
(xxv) for each Loan Group, the amount of any Applied Realized Loss AmountDeferred Interest and Net Deferred Interest, Realized Loss Amount and Unpaid Realized Loss Amount if any, for each Class as of the close of such Remittance DateLoan Group;
(xxvi) the Accelerated Principal Distribution Amount for such Remittance Dateamount of the Certificate Insurer Reimbursement Amount, if any;
(xxvii) Reservedthe Deficiency Amount, if any, to be paid by the Certificate Insurer;
(xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable of Net Deferred Interest, if any, added to the Servicer from Class Principal Balance of the FHA Premium Account pursuant to Section 7.03(b)(i);Certificates
(xxix) the amount of FHA Payments and Related Payments received during the related Due Periodany Unpaid Interest Shortfall Amount;
(xxx) the amount of any Final Maturity Reserve Amount for deposited in the related Remittance Final Maturity Reserve Account, and, on the Final Maturity Reserve Termination Date, the amount distributed from the Final Maturity Reserve Account to each Class of Certificates;
(xxxi) claims filed during the Due PeriodOvercollateralized Amount for that Distribution Date;
(xxxii) claims paid during the Due PeriodOvercollateralization Target Amount for that Distribution Date;
(xxxiii) claims denied the amount remitted by the FHA during Administrator to the Due Period;Trustee pursuant to the Yield Maintenance Allocation Agreement; and
(xxxiv) claims pending payment by the FHA during the Due Period; and
(xxxv) Such other information as the Noteholders or Certificateholders may reasonably requireamount of any Class P Distributable Amount. The Trustee shall forward 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 the other parties to this Agreement via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/invr.” Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to rely upon the telecopyall parties regarding any such change. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date.
(a) Within a reasonable period of time after the end of each calendar year, the Servicer shall furnish . In addition 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), listed above, aggregated such Distribution Date Statement or the report on Form 10-D for such calendar year or applicable portion thereof during which such Person was a Noteholder. Such obligation of the Servicer Distribution Date shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to also include 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 appropriaterequired by Item 1121 (§ 229.1121) of Regulation AB.
(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: Pooling and Servicing Agreement (Harborview 2006-9)
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Trustee shall make available to each Certificateholder, the Certificate Insurer, the Seller and the Rating Agency, a statement based, as applicable, on loan-level information obtained from the Servicer shall deliver (the “Distribution Date Statement”) as to the 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 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) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Group 1 Subordinate Percentage, Group 2 Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Subgroup for the related Remittance following Distribution 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 aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances;
(vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due Period[reserved];
(vii) the amount Loan Group Balance and related Net WAC and applicable Net WAC Cap for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period;
(viii) for each Loan Group and Loan Subgroup, the aggregate amount Principal Balance of all Excess Payments and the amounts One-Month MTA Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period;
(ix) the amount of interest received on the LoansReserved;
(x) 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 DateReserved;
(xi) for each Loan Group, the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date;
(xii) the number and aggregate unpaid principal balance of Mortgage Loans 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 any Principal Prepayments with respect to each Loan Group made during the related Prepayment Period;
(xv) the aggregate amount of Realized Losses incurred during the related Due Period;
(xiii) the Available Remittance Amounts Period for the Remittance Date, in the aggregate and by component;
(xiv) the Reimbursable Amounts each Loan Group and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance Date;
(xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateCertificates;
(xvi) the calculation Class Certificate Principal Balance or Class Certificate Notional Balance, as applicable, of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date;
(xvii) the Cumulative Realized LossesInterest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date;
(xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date;
(xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group;
(xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date;
(xxi) the Class Factor for 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 Class determined using the balances in subclause (xv) abovesuch Mortgage Loan;
(xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(e)(i);
(xxiii) [Reserved]current Recoveries allocable to each Loan Group;
(xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Datecumulative Recoveries allocable to each Loan Group;
(xxv) the amount of any Applied Realized Loss AmountBasis Risk Shortfall, Realized Loss Amount if any, and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Daterelated accrued interest thereon;
(xxvi) for each Loan Group, the Accelerated Principal Distribution Amount amount of Deferred Interest and Net Deferred Interest, if any, for such Remittance DateLoan Group;
(xxvii) Reservedpayments made under the Yield Maintenance Agreements, if any;
(xxviii) the amount of Net Deferred Interest, if any, added to be deposited into the FHA Premium Account on Class Certificate Principal Balance or Component Principal Balance of the related Remittance Date Certificates and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i);Principal-Only Components; and
(xxix) the amount of FHA Payments and Related Payments received during the related Due Period;Certificate Insurer Reimbursement Amount, if any; and
(xxx) the Reserve Amount for the related Remittance Date;
(xxxi) claims filed during the Due Period;
(xxxii) claims Deficiency Amount, if any, to be paid during the Due Period;
(xxxiii) claims denied by the FHA during Certificate Insurer. The Trustee will make the Due Period;
Distribution Date Statement (xxxivand, at its option, any additional files containing the same information in an alternative format) claims pending payment available each month to Certificateholders and the other parties to this Agreement via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the FHA during Trustee customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the Due Period; and
(xxxv) Such other information as above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the Noteholders or Certificateholders may reasonably requirecustomer service desk and indicating such. The Trustee shall forward have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to rely upon the telecopyall parties regarding any such change. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to Certificate Insurer and each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime.
(bc) On each Remittance Distribution Date, the Trustee shall forward supply an electronic tape to the Owner TrusteeBloomberg Financial Markets, for distribution Inc. in a format acceptable to the Holder of the GP InterestBloomberg Financial Markets, Inc. on a copy of the report forwarded monthly basis, and shall supply an electronic tape to the Noteholder Loan Performance and Intex Solutions in respect of such Remittance Date a format acceptable to Loan Performance and Intex Solutions on 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 appropriatemonthly basis.
(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: Pooling and Servicing Agreement (Greenwich Capital Acceptance Inc)
Statements. Each month, not (a) No later than 12:00 12 noon New York time (California time) on the Determination each Remittance Date, the Servicer shall deliver to the Trustee, by telecopy, for distribution to the Noteholders, Indenture Trustee and the Owner Trustee for distribution to the CertificateholdersInitial Noteholder by facsimile, the receipt and legibility of which shall be confirmed telephonicallyby telephone, and with hard copy thereof and to be delivered no later than one (1) Business Day after such Remittance Date, 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 Business Day following the Determination DateRemittance Report, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating 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 numberdesignation 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 Servicer shall deliver to the Indenture Trustee and the following:
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 Available Remittance Amounts for the related Remittance Date;
Loan Originator's internal loan identifying number; (ii) the Class Principal Balances for each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Dateif such Loan is an ARM, the Original Principal Balance for each Class of Class A, Class M and Class B Notes;
current Loan Interest Rate; (iii) the Principal Distribution Amounts for the related Remittance Date, in the aggregate and listed separately for the portions relating Balance with respect to each Class of Class A, Class M and Class B Notes;
such Loan; (iv) the Interest Shortfall Carryforward Amounts date of the last Monthly Payment paid in full; and Realized Loss Amounts for the related Remittance Date (by Class and in the aggregate);
(v) such other information as may be reasonably requested by the Available Maximum Subordination Amount for Initial Noteholder and the related 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 "Payment Statement"),
(vi1) the number and Principal Balances aggregate amount of all collections in respect of principal of the Loans which were received by the subject of Principal Prepayments Servicer during the Due preceding Remittance Period;
(vii2) the aggregate amount of all Curtailments which were collections in respect of interest on the Loans received by the Servicer during the Due preceding Remittance Period;
(viii3) 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 Excess Payments and Servicing Advances, set forth separately, made by the amounts of Monthly Payments in respect of principal received Servicer during the Due preceding Remittance Period;
(ix7) the amount aggregate of interest received on all amounts deposited into the LoansCollection Account in respect of the repurchase of Unqualified Loans and the repurchase of Loans pursuant to Section 2.05 hereof during the preceding Remittance Period;
(x8) the aggregate Principal Balance of 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 Monthly Advances to be made on preceding Remittance Period;
(11) the Determination Date, aggregate amount of all withdrawals from the portion of the Monthly Advances to be deposited in the Note Distribution Collection Account pursuant to Section 7.01(a)(ii), and 5.01(c)(1)(i) hereof during the Compensating Interest payment 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 be made on the Determination Payment Date;
(xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit L;
(xii) 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, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Date;
(xvi) the calculation of the Trigger Event, including the various components thereof;
(xvii) the Cumulative Realized Losses, with respect to the Remittance Date;
(xviii) 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 and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f);
(xxi) the Class Factor for each Class determined using the balances in subclause (xv) above;
(xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period;
(xxiii14) [Reserved];
(xxiv15) [Reserved];
(16) the Spread Amount aggregate amount of Liquidated Loan Losses incurred (i) during the preceding Remittance Period, and (ii) during the Specified Subordinated Amount for such preceding three Remittance Periods;
(17) the aggregate of the Principal Balances of all Loans in the Loan Pool as of the end of the related Remittance Period;
(18) the aggregate amount of 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;
(xxv19) if the Servicer is not Advanta Corp. or an Affiliate thereof, the aggregate amount of any Applied Realized Loss Amountdistributions in respect of Servicing Compensation to the Servicer, Realized Loss Amount and Unpaid Realized Loss Amount unpaid Servicing Compensation from prior Payment Dates for each Class as of the close of such Remittance related Payment Date;
(xxvi20) the Accelerated Principal Distribution Amount aggregate amount of distributions in respect of Indenture Trustee Fees and unpaid Indenture Trustee Fees from prior Payment Dates for such Remittance the related Payment Date;
(xxvii21) Reservedthe aggregate amount of distributions in respect of the Custodian Fee and unpaid Custodian Fees from prior Payment Dates for the related Payment Date;
(xxviii22) the Unfunded Transfer Obligation and Overcollateralization Shortfall 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 be deposited into the FHA Premium Servicer, if Advanta Corp. or an Affiliate thereof is the Servicer, for the related Payment Date;
(24) the aggregate amount of distributions to the Transfer Obligation Account on 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 for the related Payment Date;
(27) the Note Principal Balance of the Notes as of the last day of the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i);Period (without taking into account any additional Note
(xxix28) the amount Pool Principal Balance as of FHA Payments and Related Payments received during the related Due end of the preceding Remittance Period;
(xxx29) the Reserve Amount for the related Remittance whether a Rapid Amortization Trigger shall exist with respect to such Payment Date;
(xxxi30) claims filed during the Due aggregate Principal Balance of all HELOC Mortgage Loans as of the end of the related Remittance Period;
(xxxii31) claims paid the aggregate Principal Balance of all Draw Amounts during the Due preceding Remittance Period;
(xxxiii32) claims denied by the FHA during aggregate Principal Balance of Credit Limits on the Due Period;
(xxxiv) claims pending payment by HELOC Mortgage Loans as of the FHA during end of the Due related Remittance Period; and
(xxxv33) the Unfunded Draw Reimbursement Amounts as of the end of the related Remittance Period. Such other information as the Noteholders or Certificateholders may reasonably require. The Trustee Payment Statement shall forward such report to the Noteholders and the Owner Trustee also be provided on the Remittance Date, together with a separate report indicating Date to the amount of funds deposited Initial Noteholder and Indenture Trustee in the Note Distribution Account pursuant form of a magnetic tape or computer disk in a form mutually agreed to Section 7.01(a)(iv); by and between the Initial Noteholder, the Indenture Trustee and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator)Servicer. To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the The Indenture Trustee shall be entitled have no duty to rely upon monitor the telecopy. In occurrence of a Performance Trigger, Rapid Amortization Trigger, Collateral Value Excess or any events resulting in withdrawals from the case of information furnished pursuant to subclauses (ii), (viii) and (xiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per $1,000 original dollar amount as of the Cut-Off DateTransfer Obligation Account.
(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.
(bc) On each Remittance Payment Date, the Indenture Trustee shall forward to the Owner Trustee, for distribution to the Holder holders of the GP Interest, Securities a copy of the report forwarded to the Noteholder Payment Statement in respect of such Remittance Date and a statement setting forth the amounts actually distributed to the Holder of the GP InterestPayment Date, on such Remittance Date together with such other information as the Servicer provides and Indenture Trustee 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
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, based, as applicable, on information provided to it by the Servicer Master Servicer, the Trustee shall deliver prepare and make available to each Holder of the Regular Certificates, the Master Servicer, the Certificate Insurer, the Interest Rate Swap Provider and the Rating Agencies, a statement as to the 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 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 distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of the Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) 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 Notesreserved;
(iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Master Servicer with respect to the related Remittance Date Period (by Class separately identifying Servicing Fees and in other servicing compensation) and such other customary information as the aggregate)Trustee reasonably deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DatePeriod;
(vi) the number and Principal Balances Pool Balance at the Close of all Loans which were Business at the subject end of Principal Prepayments during the Due related Remittance Period;
(vii) the amount number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of all Curtailments which were received during the Due PeriodMortgage Loans as of the related Determination Date;
(viii) the number and aggregate amount unpaid Stated Principal Balance of all Excess Payments 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 amounts Close of Monthly Payments in respect Business on the last day of principal received during the Due Periodcalendar month preceding such Distribution Date, and (b) the related Mortgaged Properties of which are REO Properties;
(ix) the amount total number and cumulative Stated Principal Balance of interest received on all REO Properties as of the LoansClose of Business of the last day of the preceding Prepayment Period;
(x) the aggregate amount of Principal Prepayments made during 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 Daterelated Prepayment Period;
(xi) the delinquency aggregate amount of Realized Losses incurred during the related Prepayment Period and foreclosure information set forth in the form attached hereto as Exhibit Lcumulative amount of Realized Losses;
(xii) the aggregate amount of any Realized Losses incurred Subsequent Recoveries received during the related Due Period;Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date
(xiii) the Available Remittance Amounts for aggregate Certificate Principal Balance of each Class of Regular Certificates after giving effect to the Remittance Datedistributions, and allocations of Realized Losses, made on such Distribution Date separately identifying any reduction thereof due to allocations of Realized Losses (in the aggregate case of the Subordinated Certificates and by componentthe Class C Certificates);
(xiv) the Reimbursable Amounts and Certificate Factor for each Class of the GP Remittance Amount payable with respect Regular Certificates applicable to the Remittance such Distribution Date;
(xv) the Accrued Certificate Interest for the Class Principal Balance for each Class of Class AA Certificates, Class M and Class B Notes the Subordinated Certificates and the Pool Balance after giving effect Class C Certificates for such Distribution Date and Unpaid Interest Shortfall Amount, if any, with respect to the distribution to be made on Class A Certificates and the Remittance Date and after allocation of the Applied Realized Loss Amount made on Subordinated Certificates for such Remittance Distribution Date;
(xvi) the calculation aggregate amount of the Trigger Event, including the various components thereofany Net Prepayment Interest Shortfalls for such Distribution Date;
(xvii) the Cumulative Realized Losses, with respect to the Remittance aggregate amount of any Relief Act Interest Shortfalls for such Distribution Date;
(xviii) the amount, if any, by which Overcollateralized Amount and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Excess Overcollateralization Amount for such Remittance Distribution Date;
(xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium AccountCredit Enhancement Percentage for such Distribution Date;
(xx) the Net WAC Rate Carryover Amount for the Class A Certificates and the Subordinated Certificates, if any, for such Distribution Date and the amount of all remaining unpaid after payments and reimbursements to from the Servicer Excess Reserve Fund Account are made pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f4.01(e);
(xxi) when the Class Factor for each Class determined using the balances Stepdown Date has occurred and when a Trigger Event is in subclause (xv) aboveeffect;
(xxii) the weighted average Loan Interest Rate deposits to and withdrawals from the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Excess Reserve Fund Account on such Distribution Date, and the weighted average Loan Interest Rate for the prior three month period;
(xxiii) [Reserved]the Available Funds for such Distribution Date;
(xxiv) the Spread Amount respective Pass-Through Rates applicable to the Class A Certificates, the Subordinated Certificates and the Specified Subordinated Amount Class C Certificates for such Remittance Distribution Date and the respective Pass-Through Rates applicable to the Class A Certificates and the Subordinated Certificates for the immediately succeeding Distribution Date;
(xxv) the amount of any Applied Realized Loss Amount, Realized Loss aggregate Notional Amount and Unpaid Realized Loss Amount for each Class as of the close of Class C Certificates, in each case after giving effect the reductions thereof to occur on such Remittance Distribution Date;
(xxvi) the Accelerated Principal Distribution amount of the Reimbursement Amount for such Remittance Distribution Date and the amount received by the Certificate Insurer in respect thereof on such Distribution Date;
(xxvii) Reserved;amount of the Fixed Swap Payment, the amount paid by the Interest Rate Swap Provider under the Interest Rate Swap Agreement and any Interest Rate Swap Reimbursement Amount; and
(xxviii) the amount of any Net Swap Payments or Swap Termination Payments. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to be deposited into Certificateholders, the FHA Premium Account on Master Servicer, the related Remittance Date Trustee, the Certificate Insurer and the amount reimbursable Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall initially be located at h▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/▇▇▇▇. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at 1-▇▇▇-▇▇▇-▇▇▇▇. Parties that are unable to use the Servicer from above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the FHA Premium Account pursuant to Section 7.03(b)(i);
(xxix) the amount of FHA Payments customer service desk 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 requireindicating such. The Trustee shall forward 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 Noteholders above parties 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to rely upon the telecopyall above parties regarding any such changes. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per $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.
(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: Pooling and Servicing Agreement (Indymac Residential Mortgage-Backed Trust, Series 2005-L2)
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopyeach Certificateholder, for distribution the Certificate Insurer, the Seller, any NIMS Insurer, the Master Servicer and each Rating Agency, a statement based, as applicable, on loan-level information obtained from the Master Servicer and the Servicer (the “Distribution Date Statement”) as to the Noteholdersdistributions to be made or made, and as applicable, on such Distribution Date. The Distribution Date Statement shall include the Owner Trustee for distribution to the Certificateholdersfollowing information, the receipt and legibility of which shall be confirmed telephonicallyin each case, with 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) respect to be delivered on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) 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[Reserved];
(iv) the Interest Shortfall Carryforward Amounts aggregate amount of Servicing Fees, Master Servicing Fees and Realized Loss Amounts Credit Risk Manager’s Fees for the related Remittance Date (by Class and in the aggregate)Due Period;
(v) the Available Maximum Subordination Amount amount of Advances for each Loan Group and the aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances;
(vi) the number Loan Group Balance for each Loan Group and Principal Balances the Net WAC for each Loan Group at the Close of all Loans which were Business at the subject end of Principal Prepayments during the related Due Period;
(vii) the amount of all Curtailments which were received during Pool Collateral Balance and the Due PeriodLoan Group Collateral Balance for such Distribution Date;
(viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments and the amounts MTA Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period;
(ix) for each Loan Group, the amount of interest received on fees, expenses or indemnification amounts paid by the LoansTrust Fund with an identification of the general purpose of such amounts and the party receiving such amounts;
(x) for each Loan Group, the amount number, weighted average remaining term to maturity, weighted average life and weighted average Loan Rate of the Monthly Advances to be made on the Determination Date, the portion related Mortgage Loans as 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 related Due Date;
(xi) for each Loan Group, the delinquency number and aggregate unpaid principal balance of the related Mortgage Loans, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure information set forth proceedings have been commenced and (e) in bankruptcy, in each case as of the form attached hereto as Exhibit Lclose of business on the last day of the preceding calendar month, using the MBA method;
(xii) for each Loan Group, the book value (if available) of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period;
(xiii) for each Loan Group, the aggregate amount of any Principal Prepayments with respect to each Loan Group made during the related Prepayment Period;
(xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the related Due Period;
(xiii) the Available Remittance Amounts Period for the Remittance Date, in the aggregate and by component;
(xiv) the Reimbursable Amounts each Loan Group and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance each Class of Certificates after giving effect to any distributions made thereon, on such Distribution Date;
(xv) the Class Principal Balance for of each Class of Class A, Class M and Class B Notes Certificates and the Pool Balance Apportioned Principal Balances of the Subordinate Certificates after giving effect to the distribution to be any distributions made on the Remittance Date and after allocation of the Applied Realized Loss Amount made thereon, on such Remittance Distribution Date;
(xvi) for each Loan Group, the calculation Monthly Interest Distributable Amount and the Interest Distributable Amount in respect of each related Class of Certificates, for such Distribution Date and the Trigger Eventrespective portions thereof, including if any, remaining unpaid following the various components thereofdistributions made in respect of such Certificates on such Distribution Date;
(xvii) for each Loan Group, the Cumulative Realized Lossesaggregate amount of any Net Interest Shortfalls and the Unpaid Interest Shortfall Amount for such Distribution Date after giving effect to any distributions made thereon, with respect to the Remittance on such Distribution Date;
(xviii) for each Loan Group, the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Daterelated Available Funds;
(xix) the Servicing Feesfor each Loan Group, the Contingency Fees Pass-Through Rate and amounts to be deposited to the Expense Account and the FHA Premium Accountrelated Adjusted Cap Rate for each Class of Certificates for such Distribution Date;
(xx) for each Loan Group, the amount aggregate Principal Balance of all payments Mortgage Loans purchased hereunder by the Seller during the related Due Period, and reimbursements to indicating the Servicer pursuant to relevant section of the Mortgage Loan Purchase Agreement, or the Section 4.04(b)of this Agreement, (c)as applicable, (d)(ii), (e) and (f)requiring or allowing the purchase of each such Mortgage Loan;
(xxi) the Class Factor for each Class determined using Loan Group, the balances in subclause (xv) aboveamount of any Principal Deficiency Amounts or Accrued Interest Amounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(f)(i);
(xxii) the weighted average Loan Interest Rate amount of any Basis Risk Shortfall and the weighted average Unpaid Basis Risk Shortfall, if any, for each Class Adjusted Loan Remittance Ratesafter giving effect to any distributions made thereon, in each case for the related Remittance on such Distribution Date, and the weighted average Loan Interest Rate for the prior three month period;
(xxiii) [Reserved]for each Loan Group, the amount of Deferred Interest and Net Deferred Interest, if any, for such Loan Group;
(xxiv) the Spread Amount and amount of the Specified Subordinated Amount for such Remittance DateCertificate Insurer Reimbursement Amount, if any;
(xxv) the amount of any Applied Realized Loss Deficiency Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of if any, to be paid by the close of such Remittance DateCertificate Insurer;
(xxvi) the Accelerated amount of Net Deferred Interest, if any, added to the Class Principal Distribution Amount for such Remittance Date;Balance of the Certificates
(xxvii) Reservedthe amount of any Unpaid Interest Shortfall Amount;
(xxviii) the amount to be of any Final Maturity Reserve Amount deposited into in the FHA Premium Account Final Maturity Reserve Account, and, on the related Remittance earlier of (i) the Distribution Date in September 2026 and (ii) the termination of the Trust, the amount reimbursable to the Servicer distributed from the FHA Premium Final Maturity Reserve Account pursuant to Section 7.03(b)(i)each Class of Certificates;
(xxix) the amount of FHA Payments and Related Payments received during the related Due PeriodOvercollateralized Amount for that Distribution Date;
(xxx) the Reserve Overcollateralization Target Amount for the related Remittance that Distribution Date;
(xxxi) claims filed during the Due Period;amount of any Class P Distributable Amount; and
(xxxii) claims paid the amount on deposit in the Prefunding Account in the aggregate and for each Loan Group (including a breakdown of amounts released during the Due prior calendar month in respect of Aggregate Subsequent Transfer Amounts or amounts included in Available Funds on the Distribution Date in the month following the end of the Prefunding Period;
(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 Securities Administrator shall forward 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 the other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, 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 Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Initial Cut-Off off Date. In addition to the information listed above, such Distribution Date Statement or the report on Form 10-D for such Distribution Date shall also include any other information required by Item 1121 (§ 229.1121) of Regulation AB.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to any NIMS Insurer, the Trustee for distribution to Certificate Insurer and each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person or any NIMS Insurer, such information as is reasonably necessary to provide to such Person or any NIMS Insurer a statement containing the information set forth in subclauses (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person or any NIMS Insurer was a NoteholderCertificateholder and such other customary information which a Certificateholder reasonably requests to prepare its tax returns. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force 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 appropriatetime.
(c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a 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 forcemonthly basis.
(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
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, based, as applicable, on information provided to it by the Servicer Master Servicer, the Trustee shall deliver prepare and make available to each Holder of the Regular Certificates, the Master Servicer, the Certificate Insurer and the Rating Agency, a statement as to the 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 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 distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of the Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) 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 Notesreserved;
(iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Master Servicer with respect to the related Remittance Date Period (by Class separately identifying Servicing Fees and in other servicing compensation) and such other customary information as the aggregate)Trustee reasonably deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DatePeriod;
(vi) the number and Principal Balances Pool Balance at the Close of all Loans which were Business at the subject end of Principal Prepayments during the Due related Remittance Period;
(vii) the amount number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of all Curtailments which were received during the Due PeriodMortgage Loans as of the related Determination Date;
(viii) the number and aggregate amount unpaid Stated Principal Balance of all Excess Payments Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the amounts Close of Monthly Payments in respect Business on the last day of principal received during the Due Periodcalendar month preceding such Distribution Date and (D) REO Properties;
(ix) the amount of interest received on deposit in the LoansPre-Funding Account;
(x) the amount total number and cumulative Stated Principal Balance of all REO Properties as of the Monthly Advances to be made on the Determination Date, the portion Close of Business of the Monthly Advances to be deposited in last day of the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Datepreceding Prepayment Period;
(xi) the delinquency and foreclosure information set forth in aggregate amount of Principal Prepayments made during the form attached hereto as Exhibit Lrelated Prepayment Period;
(xii) the aggregate amount of any Realized Losses incurred during the related Due PeriodPrepayment Period and the cumulative amount of Realized Losses;
(xiii) the Available Remittance Amounts for aggregate amount of Subsequent Recoveries received during the Remittance related Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date, in the aggregate and by component;
(xiv) the Reimbursable Amounts aggregate Certificate Principal Balance of each Class of the 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 GP Remittance Amount payable with respect to the Remittance DateClass C Certificates);
(xv) the Class Principal Balance Certificate Factor for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect Regular Certificates applicable to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Distribution Date;
(xvi) the calculation of Accrued Certificate Interest for the Trigger EventClass A Certificates, including the various components thereofSubordinated 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 Subordinated Certificates for such Distribution Date;
(xvii) the Cumulative Realized Losses, with respect to the Remittance aggregate amount of any Net Prepayment Interest Shortfalls for such Distribution Date;
(xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount aggregate amount of any Relief Act Interest Shortfalls for such Remittance Distribution Date;
(xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account Overcollateralized Amount and the FHA Premium AccountExcess Overcollateralization Amount for such Distribution Date;
(xx) the amount of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Credit Enhancement Percentage for such Distribution Date;
(xxi) the Net WAC Rate Carryover Amount for the Class Factor A Certificates and the Mezzanine Certificates, if any, for each Class determined using such Distribution Date and the balances in subclause (xv) aboveamount remaining unpaid after payments from the Excess Reserve Fund Account are made pursuant to Section 4.01(e);
(xxii) when the weighted average Loan Interest Rate Stepdown Date has occurred and the weighted average Class Adjusted Loan Remittance Rates, when a Trigger Event is in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodeffect;
(xxiii) [Reserved]the deposits to and withdrawals from the Excess Reserve Fund Account on such Distribution Date;
(xxiv) the Spread Amount and the Specified Subordinated Amount Available Funds for such Remittance Distribution Date;
(xxv) the amount of any Applied Realized Loss Amountrespective Pass-Through Rates applicable to the Class A Certificates, Realized Loss Amount the Subordinated Certificates and Unpaid Realized Loss Amount the Class C Certificates for each such Distribution Date and the respective Pass-Through Rates applicable to the Class as of A Certificates and the close of such Remittance Subordinated Certificates for the immediately succeeding Distribution Date;
(xxvi) the Accelerated Principal aggregate Notional Amount of the Class C Certificates, in each case after giving effect the reductions thereof to occur on such Distribution Amount for such Remittance Date;
(xxvii) Reserved;the amount of the Reimbursement Amount for such Distribution Date and the amount received by the Certificate Insurer in respect thereof on such Distribution Date; and
(xxviii) for the amount to be deposited into the FHA Premium Account distribution occurring on the related Remittance 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 and the amount reimbursable that is being distributed to the Servicer from the 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 Certificateholders on such Distribution 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 will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the Master Servicer, the Trustee, the Certificate Insurer and the Rating Agency via the Trustee’s internet website. The Trustee’s internet website shall forward initially be located at https://www.tss.db.com/invr and assistance in using the website can be obtained by calling the Trustee’s customer service desk at 1-800-735-7777. Parties that are unable to use the above distribution options ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇ ▇ paper copy mailed to them via first class mail by calling the customer service desk and indicating such. T▇▇ ▇▇▇▇▇▇▇ ▇▇▇ll 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 Noteholders above parties 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to rely upon the telecopyall above parties regarding any such changes. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per $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.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in force.
(b) time. On each Remittance Distribution Date, the Trustee shall forward make available to the Owner Trustee, for distribution to the Holder of the GP Interest, Class R Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution 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 Trustee deems necessary or appropriate.
(c) . Within a reasonable period of time after the end of each calendar year, the Servicer Trustee shall furnish to the Trustee, with a copy to the Owner Trustee for distribution deliver to each Person who at any time during the calendar year was a Holder of the GP Interest 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 Holder of the GP InterestClass R Certificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Certificateholders by the Servicer Trustee pursuant to any requirements of the Code as from time to time in force.
(d) Upon reasonable advance notice in writing. 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 Servicer will provide to each Class ATrustee as a prospective transferee of a Certificate, Class M and Class B Noteholder which is a savings and loan association, bank originals 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 copies of the Office of Thrift Supervision following items: (i) the private placement memorandum or other regulatory authorities with respect disclosure document relating to investment 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 Apursuant 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 M 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 Class B Notes(D) any and all Officers’ Certificates delivered to the Trustee by the Master Servicer since the Closing Date to evidence the Master 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 1 contract
Sources: Pooling and Servicing Agreement (Indymac Residential Mortgage-Backed Trust, Series 2005-L1)
Statements. Each month(a) On each Distribution Date, not later than 12:00 noon New York time based, as applicable, on information provided to it by the Determination DateServicer, the Certificate Administrator shall prepare and make available to each Holder of the Regular Certificates, the Servicer shall deliver and the Rating Agencies, a statement as to the 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 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 distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class AP Certificates) allocable to interest, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesseparately identified;
(iii) the Principal Distribution Amounts for Pool Balance at the Close of Business at the end of 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 NotesDue Period;
(iv) the Interest Shortfall Carryforward Amounts number, aggregate principal balance, and Realized Loss Amounts for weighted average Mortgage Rate of the Mortgage Loans as of the related Remittance Determination Date (by Class and in the aggregate)number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment Period;
(v) the Available Maximum Subordination Amount for the related Remittance Datenumber 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 (C) REO Properties;
(vi) the number and Principal Balances of all Loans which were the subject aggregate amount of Principal Prepayments made during the Due related Prepayment Period;
(vii) the aggregate amount of all Curtailments which were received Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses;
(viii) the aggregate amount Certificate Principal Balance of all Excess Payments the Class A-1 Certificates, the Mezzanine Certificates and the amounts of Monthly Payments in respect of principal received during Class O Certificates, after giving effect to the Due Perioddistributions made on such Distribution Date;
(ix) the amount of interest received on Unpaid Interest Shortfall Amount, if any, with respect to the LoansClass A-1 Certificates, the Mezzanine Certificates and the Class AIO Certificates for such Distribution Date;
(x) the aggregate amount of the Monthly Advances to be made on the Determination any Prepayment Interest Shortfalls for such Distribution Date, to the portion of extent not covered by payments by the Monthly Advances to be deposited in the Note Distribution Account Servicer pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date3.25;
(xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit LCredit Enhancement Percentage for such Distribution Date;
(xii) the Available Funds Cap Carryforward Amount for the Class A-1 Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount of any Realized Losses incurred during the related Due Periodremaining unpaid after reimbursements therefor on such Distribution Date;
(xiii) the Available Remittance Amounts respective REMIC Pass-Through Rates applicable to the Class A-1 Certificates, the Mezzanine Certificates and the Class AIO Certificates for such Distribution Date and the REMIC Pass-Through Rate applicable to the Class A-1 Certificates and the Mezzanine Certificates for the Remittance immediately succeeding Distribution 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 Supplemental Interest Payment for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Distribution Date;
(xvi) the calculation of the Trigger Event, including the various components thereof;
(xvii) the Cumulative Realized Losses, with respect to the Remittance Date;
(xviii) 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 and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f);
(xxi) the Class Factor for each Class determined using the balances in subclause (xv) above;
(xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, 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 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per 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.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Certificate Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Certificate Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Certificate Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime.
(bc) On each Remittance Distribution Date, the Trustee Certificate Administrator shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, Residual Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution 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 Certificate Administrator deems necessary or appropriate.
(cd) Within a reasonable period of time after the end of each calendar year, the Servicer Certificate Administrator shall furnish to the Trustee, with a copy to the Owner Trustee for distribution deliver to each Person who at any time during the calendar year was a Holder of the GP Interest 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 Holder of the GP InterestResidual Certificateholder. Such obligation of the Servicer Certificate Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Certificateholders by the Servicer Certificate Administrator pursuant to any requirements of the Code as from time to time in force.
(de) Upon reasonable advance notice in writingNo later than noon on the Business Day prior to each Distribution Date, the Servicer will provide 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 Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access Certificateholder the statement prepared pursuant to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations paragraph (a) of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notesthis Section 4.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Residential Asset Funding Corp)
Statements. Each month, not later than 12:00 noon New York time on the Determination Date, the Servicer shall deliver to the Trustee, by telecopy, for (a) Concurrently with each distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which Securities Administrator shall be confirmed telephonicallymake available to each Certificateholder, with hard copy thereof the Seller, the Master Servicer, the Trustee and the Servicer's Monthly Computer Tape in Rating Agencies, a statement based, as applicable, on loan-level information provided to it by the form attached hereto Master Servicer and the Servicers (the “Distribution Date Statement”) as Exhibit M (both in hard copy and in computer tape form) to the distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and . The Distribution Date Statement shall include the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution 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 aggregate amount of servicing compensation received by each Servicer during the related Remittance Date (by Class and in the aggregate)Due Period;
(v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances as reported by each Servicer;
(vi) the number Loan Group Balance and Principal Balances related Net WAC for each Loan Group at the Close of all Loans which were Business at the subject end of Principal Prepayments during the related Due Period;
(vii) the amount aggregate Principal Balance of all Curtailments which were received during the One-Year CMT Indexed Mortgage Loans at the Close of Business at the end of the related Due Period;
(viii) the aggregate amount Principal Balance of all Excess Payments the Six-Month LIBOR Indexed, One-Month LIBOR Indexed and One-Year LIBOR Indexed Mortgage Loans at the amounts Close of Monthly Payments in respect Business at the end of principal received during the related Due Period;
(ix) the amount of interest received on the LoansMaster Servicer Fees paid to or retained by the Master Servicer;
(x) the aggregate amount of Servicing Fees paid to or retained by 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 DateServicers;
(xi) to the delinquency extent that such amounts are paid out of the Distribution Account, the amount of fees, expenses or indemnification amounts paid by the Trust with an identification of the general purpose of such amounts and foreclosure information set forth in the form attached hereto as Exhibit Lparty receiving such amounts;
(xii) for each Loan Group, the amount number, weighted average remaining term to maturity, weighted average life and weighted average Loan Rate of any Realized Losses incurred during the related Mortgage Loans as of the related Due PeriodDate;
(xiii) the Available Remittance Amounts for the Remittance Datenumber and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and by componentfor each Loan Group, using the “MBA” method (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month;
(xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect to the Remittance rolling six-month delinquency rate for that Distribution Date;
(xv) the Class Principal Balance for total number and cumulative principal balance of all REO Properties in each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation Loan Group as of the Applied Realized Loss Amount made on such Remittance DateClose of Business of the last day of the preceding Due Period;
(xvi) the calculation aggregate amount of Principal Prepayments and Prepayment Penalty Amounts with respect to each Loan Group made during the Trigger Event, including the various components thereofrelated Prepayment Period;
(xvii) the Cumulative aggregate amount of Realized Losses, with respect to Losses for each Loan Group and Recoveries incurred during the Remittance related Due Period and the cumulative amount of Realized Losses and Recoveries as of such Distribution Date;
(xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount cumulative amount of Realized Losses for such Remittance Dateeach Loan Group;
(xix) the Servicing FeesRealized Losses and Recoveries, if any, allocated to each Class of Certificates on the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Accountrelated Distribution Date;
(xx) the amount Class Certificate Principal Balance of all payments each Class of Certificates and reimbursements the Apportioned Principal Balances of the Subordinate Certificates after giving effect to the Servicer pursuant to Section 4.04(b)any distributions made thereon, (c), (d)(ii), (e) and (f)on such Distribution Date;
(xxi) the Class Factor for Interest Distributable Amount in respect of each Class determined using of Certificates, for such Distribution Date and the balances respective portions thereof, if any, remaining unpaid following the distributions made in subclause (xv) aboverespect of such Certificates on such Distribution Date;
(xxii) the weighted average Loan aggregate amount of any Net Interest Rate Shortfalls and the weighted average Class Adjusted Loan Remittance Rates, in each case Unpaid Interest Shortfall Amount for the related Remittance such Distribution Date, and the weighted average Loan Interest Rate for the prior three month period;
(xxiii) [Reserved]the Available Funds with respect to each Loan Group;
(xxiv) the Spread Amount Pass-Through Rate for each Class of Certificates for such Distribution Date and the Specified Subordinated Amount for such Remittance Datelevel of LIBOR used to determine the applicable Pass-Through Rate;
(xxv) the amount aggregate Principal Balance of any Applied Realized Loss AmountMortgage Loans purchased hereunder by the Seller during the related Due Period, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as indicating the relevant section of the close related Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each such Remittance DateMortgage Loan;
(xxvi) the Accelerated amount of any Principal Distribution Amount for such Remittance DateDeficiency Amounts or Accrued Interest Amounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(f)(i);
(xxvii) Reserved;the total number of Mortgage Loans in the aggregate and the aggregate Stated Principal Balance for the Group 1 Mortgage Loans (also separately stating such information for the Adjustable Rate Mortgage Loans, the Three-Year Hybrid Mortgage Loans and the Five-Year Hybrid Mortgage Loans), the Group 2 Mortgage Loans and the Group 3 Mortgage Loans, in each case at the close of business at the end of the related Due Period; and
(xxviii) the amount of any Class ES Distributable Amount. The Securities Administrator will make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to be deposited into the FHA Premium Account on the related Remittance Date Certificateholders and the amount reimbursable other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 1-866-846-4526. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such reports are distributed in order to make such distribution more convenient and/or more accessible to the Servicer from the 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 parties, 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 Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ixi), (xiii), (xixii) and (xxxv), iv) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder and such other customary information which a Certificateholder reasonably requests to prepare its tax returns. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force 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 appropriatetime.
(c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a 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 forcemonthly basis.
(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: Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2007-4)
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) Two Business Days prior to each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopy, for and concurrently with each distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which Securities Administrator shall be confirmed telephonicallymake available to each Certificateholder, with hard copy thereof the Seller, the Master Servicer, the Trustee and the Rating Agency, a statement based, as applicable, on loan-level information provided to it by the Master Servicer's Monthly Computer Tape in , (the form attached hereto “Distribution Date Statement”) as Exhibit M (both in hard copy and in computer tape form) to the distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution 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 aggregate amount of servicing compensation received by each Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances;
(vi) the number Special Hazard Loss Coverage Amount, the Fraud Loss Coverage Amount and Principal Balances the Bankruptcy Loss Coverage Amount, each as of all Loans which were the subject of Principal Prepayments during the Due Periodrelated Determination Date;
(vii) the amount Loan Group Balance and related Net WAC for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period;
(viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments and the amounts One-Year CMT Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period;
(ix) for each Loan Group, the amount aggregate Principal Balance of interest received on the LoansSix-Month LIBOR Indexed, One-Month LIBOR Indexed and One-Year LIBOR Indexed Mortgage Loans at the Close of Business at the end of the related Due Period;
(x) 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;[reserved]
(xi) for each Loan Group, the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date;
(xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month;
(xiii) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period;
(xiv) the aggregate amount of any Principal Prepayments and Prepayment Penalty Amounts with respect to each Loan Group made during the related Prepayment Period;
(xv) the aggregate amount of 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 Period and the GP Remittance Amount payable with respect to the Remittance Date;
(xv) the Class Principal Balance for each Class cumulative amount of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateLosses;
(xvi) the calculation Class Certificate Principal Balance of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date;
(xvii) the Cumulative Realized LossesInterest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date;
(xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date;
(xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group;
(xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date;
(xxi) the Class Factor for aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, and indicating the relevant section of the related Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each Class determined using the balances in subclause (xv) above;such Mortgage Loan; and
(xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate Amounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(f)(i). The Securities Administrator will make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the weighted average Class Adjusted Loan Remittance Rates, other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in each case for using the related Remittance Datewebsite can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such reports are distributed in order to make such distribution more convenient and/or more accessible to the parties, and the weighted average Loan Interest Rate for the prior three month period;
(xxiii) [Reserved];
(xxiv) the Spread Amount Securities Administrator shall provide timely and the Specified Subordinated Amount for adequate notification to all parties regarding any 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 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), i) through (xiii), (xixiii) and (xxxv), xxi) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force 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 appropriatetime.
(c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a 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 forcemonthly basis.
(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: Pooling and Servicing Agreement (Greenwich Capital Acceptance Inc Thorn Mort Sec Tr 2003-1)
Statements. Each month(a) On each Distribution Date, not later than 12:00 noon New York time based, as applicable, on information provided to it by the Determination DateServicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Swap Counterparties, the Servicer shall deliver and the Rating Agencies, a statement as to the 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 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 distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class AP Certificates) allocable to interest, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesseparately identified;
(iii) the Principal Distribution Amounts for Pool Balance of the Group I Mortgage Loans and the Group II Mortgage Loans at the Close of Business at the end of 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 NotesDue Period;
(iv) the Interest Shortfall Carryforward Amounts number, aggregate principal balance, and Realized Loss Amounts for weighted average Mortgage Rate of the Mortgage Loans as of the related Remittance Determination Date (by Class and in the aggregate)number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment Period;
(v) the Available Maximum Subordination Amount for the related Remittance Datenumber 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 (C) REO Properties;
(vi) the number and Principal Balances of all Loans which were the subject aggregate amount of Principal Prepayments made during the Due related Prepayment Period;
(vii) the aggregate amount of all Curtailments which were received Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses;
(viii) the aggregate amount Certificate Principal Balance of all Excess Payments each class of the Class A Certificates, each class of the Mezzanine Certificates and the amounts of Monthly Payments in respect of principal received during Class O Certificates, after giving effect to the Due Perioddistributions made on such Distribution Date;
(ix) the amount Unpaid Interest Shortfall Amount, if any, with respect to each class of interest received on the LoansClass A Certificates, each class of the Mezzanine Certificates and the Class AIO Certificates for such Distribution Date;
(x) the aggregate amount of the Monthly Advances to be made on the Determination any Prepayment Interest Shortfalls for such Distribution Date, to the portion of extent not covered by payments by the Monthly Advances to be deposited in the Note Distribution Account Servicer pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date3.25;
(xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit LCredit Enhancement Percentage for such Distribution Date;
(xii) the Available Funds Cap Carryforward Amount for each class of the Class A Certificates and each class of the Mezzanine Certificates, if any, for such Distribution Date and the amount of any Realized Losses incurred during the related Due Periodremaining unpaid after reimbursements therefor on such Distribution Date;
(xiii) the Available Remittance Amounts respective REMIC Pass-Through Rates applicable to each class of the Class A Certificates, each class of the Mezzanine Certificates and the 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 Remittance immediately succeeding Distribution Date, in the aggregate and by component;
(xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect to the Remittance Supplemental Interest Payment for each Class on such Distribution Date;
(xv) the Class difference between the Swap Notional Amount and the Underwritten Certificates Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Distribution Date;
(xvi) the calculation of the Trigger Event, including the various components thereof;Required Overcollateralization Amount for such Distribution Date; and
(xvii) the Cumulative Realized Losses, with respect to the Remittance Date;
(xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount Excess Cashflow for such Remittance Distribution 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 and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f);
(xxi) the Class Factor for each Class determined using the balances in subclause (xv) above;
(xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, 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 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Closing 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.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime.
(bc) On each Remittance Distribution Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, Residual Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution 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 Trustee deems necessary or appropriate.
(cd) Within a reasonable period of time after the end of each calendar year, the Servicer Trustee shall furnish to the Trustee, with a copy to the Owner Trustee for distribution deliver to each Person who at any time during the calendar year was a Holder of the GP Interest 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 Holder of the GP InterestResidual Certificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Certificateholders by the Servicer Trustee pursuant to any requirements of the Code as from time to time in force.
(de) Upon reasonable advance 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 ▇-▇▇▇-▇▇▇-▇▇▇▇. 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 writingthe 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 Servicer 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 provide to each Class Ahave no obligation to, Class M and Class B Noteholder which is a savings and loan associationnor interest in, 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 Trust with respect to investment 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 Class A, Class M and Class B NotesTrustee 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. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Trustee shall deliver make available to each Certificateholder, the TrusteeCertificate Insurer, by telecopy, for distribution to the NoteholdersSeller, and the Owner Trustee for distribution Rating Agency, a statement based, as applicable, on loan-level information obtained from and the Servicer (the “Distribution Date Statement”) as 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 M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution 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 aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances;
(vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due Period[reserved];
(vii) the amount Loan Group Balance and related Net WAC and applicable Net WAC Cap for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period;
(viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments and the amounts One-Month MTA Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period;
(ix) the amount of interest received on the LoansReserved;
(x) 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 DateReserved;
(xi) for each Loan Group, the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date;
(xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month;
(xiii) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period;
(xiv) the aggregate amount of any Principal Prepayments with respect to each Loan Group made during the related Prepayment Period;
(xv) the aggregate amount of 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 Period and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance Date;
(xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateCertificates or Principal-Only Components;
(xvi) the calculation Class Certificate Principal Balance or Class Certificate Notional Balance, as applicable, of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date;
(xvii) the Cumulative Realized LossesInterest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date;
(xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date;
(xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group;
(xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date;
(xxi) the Class Factor for 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 Class determined using the balances in subclause (xv) abovesuch Mortgage Loan;
(xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(e)(i);
(xxiii) [Reserved]current Recoveries allocable to each Loan Group;
(xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Datecumulative Recoveries allocable to each Loan Group;
(xxv) the amount of any Applied Realized Loss AmountBasis Risk Shortfall, Realized Loss Amount if any, and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Daterelated accrued interest thereon;
(xxvi) for each Loan Group, the Accelerated Principal Distribution Amount amount of Deferred Interest and Net Deferred Interest, if any, for such Remittance DateLoan Group;
(xxvii) Reservedpayments made under the Yield Maintenance Agreements, if any;
(xxviii) the amount of Net Deferred Interest, if any, added to be deposited into the FHA Premium Account on Class Certificate Principal Balance or Component Principal Balance of the related Remittance Date Certificates and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i);Principal-Only Components; and
(xxix) the amount of FHA Payments and Related Payments received during the related Due Period;Certificate Insurer Reimbursement Amount, if any; and
(xxx) the Reserve Amount for the related Remittance Date;
(xxxi) claims filed during the Due Period;
(xxxii) claims Deficiency Amount, if any, to be paid during the Due Period;
(xxxiii) claims denied by the FHA during Certificate Insurer. The Trustee will make the Due Period;
Distribution Date Statement (xxxivand, at its option, any additional files containing the same information in an alternative format) claims pending payment available each month to Certificateholders and the other parties to this Agreement via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the FHA during Trustee customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the Due Period; and
(xxxv) Such other information as above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the Noteholders or Certificateholders may reasonably requirecustomer service desk and indicating such. The Trustee shall forward have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to rely upon the telecopyall parties regarding any such change. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to Certificate Insurer and each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime.
(bc) On each Remittance Distribution Date, the Trustee shall forward supply an electronic tape to the Owner TrusteeBloomberg Financial Markets, for distribution Inc. in a format acceptable to the Holder of the GP InterestBloomberg Financial Markets, Inc. on a copy of the report forwarded monthly basis, and shall supply an electronic tape to the Noteholder Loan Performance and Intex Solutions in respect of such Remittance Date a format acceptable to Loan Performance and Intex Solutions on 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 appropriatemonthly basis.
(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: Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2005-2)
Statements. Each month(a) On each Distribution Date, not later than 12:00 noon New York time based, as applicable, on information provided to it by the Determination DateServicer, the Certificate Administrator shall prepare and make available to each Holder of the Regular Certificates, the Servicer shall deliver and the Rating Agencies, a statement as to the 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 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 distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class AP Certificates) allocable to interest, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesseparately identified;
(iii) the Principal Distribution Amounts for Pool Balance at the Close of Business at the end of 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 NotesDue Period;
(iv) the Interest Shortfall Carryforward Amounts number, aggregate principal balance, and Realized Loss Amounts for weighted average Mortgage Rate of the Mortgage Loans as of the related Remittance Determination Date (by Class and in the aggregate)number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment Period;
(v) the Available Maximum Subordination Amount for the related Remittance Datenumber 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 (C) REO Properties;
(vi) the number and Principal Balances of all Loans which were the subject aggregate amount of Principal Prepayments made during the Due related Prepayment Period;
(vii) the aggregate amount of all Curtailments which were received Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses;
(viii) the aggregate amount Certificate Principal Balance of all Excess Payments the Class A-1 Certificates, the Mezzanine Certificates and the amounts of Monthly Payments in respect of principal received during Class O Certificates, after giving effect to the Due Perioddistributions made on such Distribution Date;
(ix) the amount of interest received on Unpaid Interest Shortfall Amount, if any, with respect to the LoansClass A-1 Certificates, the Mezzanine Certificates and the Class AIO Certificates for such Distribution Date;
(x) the aggregate amount of the Monthly Advances to be made on the Determination any Prepayment Interest Shortfalls for such Distribution Date, to the portion of extent not covered by payments by the Monthly Advances to be deposited in the Note Distribution Account Servicer pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date3.25;
(xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit LCredit Enhancement Percentage for such Distribution Date;
(xii) the Available Funds Cap Carryforward Amount for the Class A-1 Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount of any Realized Losses incurred during the related Due Periodremaining unpaid after reimbursements therefor on such Distribution Date;
(xiii) the Available Remittance Amounts respective REMIC Pass-Through Rates applicable to the Class A-1 Certificates, the Mezzanine Certificates and the Class AIO Certificates for such Distribution Date and the REMIC Pass-Through Rate applicable to the Class A-1 Certificates and the Mezzanine Certificates for the Remittance immediately succeeding Distribution 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 Supplemental Interest Payment for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Distribution Date;
(xvi) the calculation of the Trigger Event, including the various components thereof;
(xvii) the Cumulative Realized Losses, with respect to the Remittance Date;
(xviii) 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 and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f);
(xxi) the Class Factor for each Class determined using the balances in subclause (xv) above;
(xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, 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 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per 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 Date▇▇▇▇. 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.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Certificate Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Certificate Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Certificate Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime.
(bc) On each Remittance Distribution Date, the Trustee Certificate Administrator shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, Residual Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution 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 Certificate Administrator deems necessary or appropriate.
(cd) Within a reasonable period of time after the end of each calendar year, the Servicer Certificate Administrator shall furnish to the Trustee, with a copy to the Owner Trustee for distribution deliver to each Person who at any time during the calendar year was a Holder of the GP Interest 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 Holder of the GP InterestResidual Certificateholder. Such obligation of the Servicer Certificate Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Certificateholders by the Servicer Certificate Administrator pursuant to any requirements of the Code as from time to time in force.
(de) Upon reasonable advance notice in writingIn the event that the Certificate Administrator is not the Trustee, no later than noon on the Business Day prior to each Distribution Date, the Servicer will provide 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 Class ADistribution Date, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access to the Trustee shall make available the 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 contained in the Class ADistribution Date statement available to Certificateholders and other parties to the Agreement, Class M and Class B Notesin 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. Each month, not (a) Not later than 12:00 noon noon, New York time time, on the each Determination Date, the Master Servicer shall deliver to the TrusteeTrustee a monthly report (the "Monthly Report") in a form and format mutually agreeable to the Master Servicer and the Trustee containing the information set forth in Exhibit D hereto as to each Home Equity Loan as of 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). Each Monthly Report shall be accompanied by an Officer's Certificate of the Master Servicer. On the Business Day preceding the Distribution Date, the Trustee shall deliver to the Certificate Insurer and the Depositor, 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 Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating copy of the date (day, month and year), Monthly Report containing the Series number, the date of this Agreement, and the followinginformation set forth below with respect to such Distribution Date:
(i) The Available Funds and the Available Remittance Amounts amount of the Insured Payment, if any, for the related Remittance Distribution Date;
(ii) the The Class Principal Balances for Balance of each Class of Class AClass, Class M and Class B Notes the Pool Principal Balance as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, Monthly Report or, in the case of the first Determination Date, the Original Class Principal Balance for of each Class of Class A, Class M and Class B Notesthe Cut-Off Date Pool Principal Balance;
(iii) The aggregate amount of collections received on the Principal Distribution Amounts for Home Equity Loans on or prior to such Determination Date in respect of the related Remittance Datepreceding Collection Period, separately stating the amounts received in the aggregate respect of principal and listed separately for the portions relating to each Class of Class A, Class M and Class B Notesinterest;
(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 The number and Principal Balances of all Home Equity Loans which that were the subject of Principal Prepayments Prepayment In Full during the Due related Collection Period;
(v) The amount of all Curtailments that were received during the Collection Period;
(vi) The principal portion of all Monthly Payments received during the Collection Period;
(vii) the amount The interest portion of all Curtailments which were Monthly Payments received on the Home Equity Loans during the Due Collection Period;
(viii) The amount required to be paid by the aggregate amount of all Excess Payments and Seller or the amounts of Monthly Payments in respect of principal received during the Due PeriodMaster Servicer (reported separately) pursuant to Sections 2.02, 2.05, 2.06 or 3.01(j);
(ix) the amount of interest received on the Loans;
(x) 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 with respect to such Distribution Date;
(x) The Formula Principal Distribution Amount for the related Distribution Date, the portion thereof to be distributed on the Determination Dateeach Class of Certificates then entitled to distributions of principal;
(xi) The Class Interest Distribution for the delinquency and foreclosure information set forth in the form attached hereto as Exhibit Lrelated Distribution Date to be distributed on each Class of Certificates;
(xii) The amount to be distributed to the amount of any Realized Losses incurred during Class R Certificateholders for the related Due PeriodDistribution Date;
(xiii) The Certificate Principal Balance (after giving effect to any distributions of principal to be made on the Available Remittance Amounts for Class A Certificates on the Remittance related Distribution Date, in the aggregate and by component);
(xiv) The weighted average remaining term to maturity of the Reimbursable Amounts Home Equity Loans and the GP Remittance Amount payable with respect to the Remittance Dateweighted average Loan Rate;
(xva) The Master Servicing Fee to be retained by the Master Servicer and (b) the Class Principal Balance for each Class of Class Aamounts paid to the Certificate Insurer, Class M and Class B Notes separately stated, and the Pool Balance after giving effect Reimbursement Amount to be paid to the distribution Certificate Insurer pursuant to Section 5.01(a)(v) and other amounts due and owing to the Certificate Insurer under the Insurance Agreement and to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Datepaid pursuant to Section 5.01(a)(ix);
(xvi) the calculation of the Trigger Event, including the various components thereof;
(xvii) the Cumulative Realized Losses, with respect to the Remittance Date;
(xviii) 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 The amount of all payments and or reimbursements to the Master Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)3.03;
(xxi) the Class Factor for each Class determined using the balances in subclause (xv) above;
(xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, 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 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (ii), (viii) and (xiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount 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: Pooling and Servicing Agreement (Morgan Stanley Capital I Inc Home Eq Ln as Bk Cer Ser 1999-2)
Statements. Each month(a) On each Distribution Date, not later than 12:00 noon New York time based, as applicable, on information provided to it by the Determination DateServicer, the Trustee shall make available to each Holder of the Regular Certificates, the Servicer shall deliver and the Rating Agencies, a statement (the "Distribution Date Statement") as to the 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 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 distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates (and each Component in the case of the Classes of Subordinate Certificates) allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) the Principal Distribution Amounts Pro Rata Senior Percentage, Senior Percentage, Senior Prepayment Percentage and Subordinate Percentage with respect to each Loan Group for the related Remittance following Distribution 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 aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances;
(vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due Period[reserved];
(vii) the amount Special Hazard Loss Coverage Amount, the Fraud Loss Coverage Amount and the Bankruptcy Loss Coverage Amount, each as of all Curtailments which were received during the Due Periodrelated Determination Date;
(viii) the aggregate amount Loan Group Balance for each Loan Group at the Close of all Excess Payments and Business at the amounts end of Monthly Payments in respect of principal received during the related Due Period;
(ix) the amount number, weighted average remaining term to maturity and weighted average Mortgage Rate of interest received on the LoansMortgage Loans in each Loan Group as of the related Due Date;
(x) separately stated for each Loan Group, the amount number and aggregate unpaid principal balance of Mortgage Loans (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the Monthly Advances to be made Close of Business on the Determination Date, the portion last day of the Monthly Advances to be deposited in the Note calendar month preceding such Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date;
(xi) the delinquency 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 foreclosure information set forth cumulative principal balance of all REO Properties in each Loan Group as of the form attached hereto as Exhibit LClose of Business of the last day of the preceding Due Period;
(xii) the aggregate amount of any Principal Prepayments with respect to each Loan Group made during the related Prepayment Period;
(xiii) the aggregate Deferred Interest Amount accrued on the Group II Mortgage Loans and added to the Principal Balances thereof for the related Due Period;
(xiv) the aggregate amount of 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 Period and the GP Remittance Amount payable with respect to the Remittance Datecumulative amount of Realized Losses;
(xv) the Class Certificate Principal Balance for of each Class of Certificates (other than the Class AX Certificate), Class M and Class B Notes the Component Balance of each Component and the Pool Class X Notional Balance after giving effect to the distribution to be any distributions made on the Remittance Date thereon, and after allocation of the Applied Realized Loss Amount made any Deferred Interest Amounts allocated thereto, on such Remittance Distribution Date;
(xvi) the calculation Interest Distributable Amount in respect of each Class of the Trigger EventCertificates, including for such Distribution Date and the various components respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date;
(xvii) the Cumulative Realized Lossesaggregate amount of any Prepayment Interest Shortfalls and the Unpaid Interest Shortfall Amount for such Distribution Date, with respect to the Remittance Dateextent not covered by payments by the Servicer pursuant to Section 3.24 hereof in each case by Loan Group;
(xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance DateLoan Group Available Funds with respect to each Loan Group;
(xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Account;Pass-Through Rate for each Class of Certificates for such Distribution Date; and
(xx) the amount aggregate Principal Balance of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f);
(xxi) the Class Factor for each Class determined using the balances in subclause (xv) above;
(xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, 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 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee Mortgage Loans purchased by the Servicer or the Claims Administrator)Seller during the related Due Period with respect to each Loan Group, and indicating the Section of this Agreement requiring or allowing the purchase of each such Mortgage Loan. To The Trustee will make the extent that there are inconsistencies between Distribution Date Statement (and, at its option, any additional files containing the telecopy of the Servicer's Certificate same information in an alternative format) available each month to Certificateholders and the hard other parties to this Agreement via the Trustee's internet website and its fax-on-demand service and will forward the Distribution Date Statement to each Rating Agency. The Trustee's fax-on-demand service may be accessed by calling (301) 815-6610. The Trustee's internet website shall initially be located at "www.ctslink.com". Assistance in usi▇▇ ▇▇▇ ▇▇▇▇▇▇▇ or the fax-on-demand service can be obtained by calling the Trustee's customer service desk at (301) 815-6600. Parties that are un▇▇▇▇ ▇▇ ▇▇▇ ▇▇e above distribution options are entitled to have a paper copy thereof, mailed to them via first class mail by calling the customer service desk and requesting same. 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 be entitled provide timely and adequate notification to all the above parties regarding any such changes. The Trustee's obligations pursuant to this Section 4.04 are limited to the extent of its receipt of all necessary information from the Servicer. The Trustee may fully rely upon and shall have no liability with respect to information provided by the telecopyServicer. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), i) through (xiii), (xixiii) and (xxxv), above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime.
(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: Pooling and Servicing Agreement (Greenwich Capital Acceptance Inc)
Statements. Each monthOn each Payment Date, not later than 12:00 noon New York time based solely on information provided to it by the Servicer in its Determination DateDate Report, the Indenture Trustee shall prepare and make available to each Noteholder, the Swap Counterparties, the Cap Counterparties, the Servicer shall deliver and the Rating Agencies, a statement (the “Indenture Trustee Remittance Report”) as to the 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 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 payments made on the Business Day following the Determination such Payment Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datepayment made on such Payment Date to the Holders of each Class of Notes, separately identified, allocable to principal and the amount of the payment made to the Holders of the Class C Certificates allocable to Prepayment Charges;
(ii) the Class Principal Balances for amount of the payment made on such Payment Date to the Holders of each Class of Class ANotes allocable to interest, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesseparately identified;
(iii) the Principal Distribution Amounts for payments made to 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;Certificateholders
(iv) the Interest Shortfall Carryforward Amounts Pool Balance of the Group I Mortgage Loans and Realized Loss Amounts for the Group II Mortgage Loans at the Close of Business at the end of the related Remittance Date (by Class and in the aggregate)Due Period;
(v) the Available Maximum Subordination Amount for number, aggregate principal balance, and weighted average Mortgage Rate of the Mortgage Loans as of the related Remittance Determination Date;
(vi) the number and Principal Balances aggregate unpaid principal balance of all 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 were the 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 of Principal Prepayments during the Due Periodto 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 case on a contractual and bankruptcy legal basis;
(vii) the aggregate amount of all Curtailments which were received Principal Prepayments made during the Due related Prepayment Period;
(viii) the aggregate amount of all Excess Payments Realized Losses incurred during the related Prepayment Period and the amounts cumulative amount of Monthly Payments in respect of principal received during the Due PeriodRealized Losses;
(ix) the amount Class Note Balance of interest received each class of the Class A Notes and each class of the Class M Notes, after giving effect to the payments made on the Loanssuch Payment Date;
(x) the amount Unpaid Interest Shortfall Amount, if any, with respect to each class of the Monthly Advances to be made on the Determination Date, the portion Class A Notes and each class 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 Class M Notes for such Payment Date;
(xi) the delinquency aggregate amount of any Prepayment Interest Shortfalls for such Payment Date, to the extent not covered by payments by the Servicer pursuant to Section 5.27 of the Sale and foreclosure information set forth in the form attached hereto as Exhibit LServicing Agreement;
(xii) the Credit Enhancement Percentage for such Payment Date;
(xiii) the Available Funds Cap Shortfall amount for each class of the Class A 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 any Realized Losses incurred 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;
(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, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Date;
(xvi) the calculation of the Trigger Event, including the various components thereof;
(xvii) the Cumulative Realized Losses, with respect to the Remittance Date;
(xviii) the amount, if any, by aggregate amount of Principal Prepayments made during the related Due Period in which the applicable Formula Distribution Amount exceeds related Mortgagor paid the applicable Class Distribution Amount for such Remittance Daterelated Mortgage Loan in full;
(xix) the Servicing Fees, aggregate amount of Principal Prepayments in part made during the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Accountrelated Prepayment Period;
(xx) the amount number and the aggregate principal balance of all payments and reimbursements to Liquidated Mortgage Loans for the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)related Prepayment Period;
(xxi) the Class Factor for each Class determined using aggregate amount of Net Liquidation Proceeds received during the balances in subclause (xv) above;related Prepayment Period; and
(xxii) the weighted average Loan Interest Rate and dollar amount of claims made, amounts paid by the weighted average Class Adjusted Loan Remittance Rates, MI Insurer in each case for the related Remittance Daterespect of claims made, and premiums due and paid under 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 AmountMI Policy, 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 solely to the Servicer from the 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 extent provided 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Closing Date.
(a) . 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 Servicer shall Indenture Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ANoteholder, Class M and Class B 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 (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a Noteholder. Such obligation of the Servicer Indenture Trustee shall be have been previously deemed to have been satisfied to the extent that substantially comparable information shall be provided made available by the Servicer pursuant Indenture Trustee to any requirements of the Code as from time to time are in force.
(b) Noteholders. On each Remittance Payment Date, the Indenture Trustee shall forward make available to the Owner Trustee, for distribution to the Holder of the GP Interest, Certificateholders a copy of the report forwarded reports made available to the Noteholder Noteholders in respect of such Remittance Payment 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 Indenture Trustee deems necessary or appropriate.
(c) . Within a reasonable period of time after the end of each calendar year, the Servicer Indenture Trustee shall furnish to the Trustee, with a copy to the Owner Trustee for distribution deliver to each Person who at any time during the calendar year was a Holder of the GP Interest Certificateholder, if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement 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 InterestCertificateholder. Such obligation of the Servicer Indenture Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided have been previously made available to Certificateholders by the Servicer pursuant to any requirements of the Code as from time to time in forceIndenture Trustee.
(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: Indenture (NovaStar Mortgage Funding Trust, Series 2006-1)
Statements. Each month(a) On each Distribution Date, not later than 12:00 noon New York time based, as applicable, on information provided to it by the Determination DateServicer, the Certificate Administrator shall prepare and make available to each Holder of the Regular Certificates, the Servicer shall deliver and the Rating Agencies, a statement as to the 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 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 distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class AP Certificates) allocable to interest, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesseparately identified;
(iii) the Principal Distribution Amounts for Pool Balance at the Close of Business at the end of 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 NotesDue Period;
(iv) the Interest Shortfall Carryforward Amounts number, aggregate principal balance, and Realized Loss Amounts for weighted average Mortgage Rate of the Mortgage Loans as of the related Remittance Determination Date (by Class and in the aggregate)number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment Period;
(v) the Available Maximum Subordination Amount for the related Remittance Datenumber 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 (C) REO Properties;
(vi) the number and Principal Balances of all Loans which were the subject aggregate amount of Principal Prepayments made during the Due related Prepayment Period;
(vii) the aggregate amount of all Curtailments which were received Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses;
(viii) the aggregate amount Certificate Principal Balance of all Excess Payments each class of the Class A Certificates, each class of the Mezzanine Certificates and the amounts of Monthly Payments in respect of principal received during Class O Certificates, after giving effect to the Due Perioddistributions made on such Distribution Date;
(ix) the amount Unpaid Interest Shortfall Amount, if any, with respect to each class of interest received on the LoansClass A Certificates, each class of the Mezzanine Certificates and the Class AIO Certificates for such Distribution Date;
(x) the aggregate amount of the Monthly Advances to be made on the Determination any Prepayment Interest Shortfalls for such Distribution Date, to the portion of extent not covered by payments by the Monthly Advances to be deposited in the Note Distribution Account Servicer pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date3.25;
(xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit LCredit Enhancement Percentage for such Distribution Date;
(xii) the Available Funds Cap Carryforward Amount for each class of the Class A Certificates and each class of the Mezzanine Certificates, if any, for such Distribution Date and the amount of any Realized Losses incurred during the related Due Periodremaining unpaid after reimbursements therefor on such Distribution Date;
(xiii) the Available Remittance Amounts respective REMIC Pass-Through Rates applicable to each class of the Class A Certificates, each class of the Mezzanine Certificates and the 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 Remittance immediately succeeding Distribution 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 Supplemental Interest Payment for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Distribution Date;
(xvi) the calculation of the Trigger Event, including the various components thereof;
(xvii) the Cumulative Realized Losses, with respect to the Remittance Date;
(xviii) 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 and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f);
(xxi) the Class Factor for each Class determined using the balances in subclause (xv) above;
(xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, 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 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per 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.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Certificate Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Certificate Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Certificate Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime.
(bc) On each Remittance Distribution Date, the Trustee Certificate Administrator shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, Residual Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution 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 Certificate Administrator deems necessary or appropriate.
(cd) Within a reasonable period of time after the end of each calendar year, the Servicer Certificate Administrator shall furnish to the Trustee, with a copy to the Owner Trustee for distribution deliver to each Person who at any time during the calendar year was a Holder of the GP Interest 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 Holder of the GP InterestResidual Certificateholder. Such obligation of the Servicer Certificate Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Certificateholders by the Servicer Certificate Administrator pursuant to any requirements of the Code as from time to time in force.
(de) Upon reasonable advance notice in writingNo later than noon on the Business Day prior to each Distribution Date, the Servicer will provide 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 Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access Certificateholder the statement prepared pursuant to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations paragraph (a) of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notesthis Section 4.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Novastar Mortgage Funding Corp)
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopyeach Certificateholder, for distribution the Certificate Insurer, the Seller, the Master Servicer and the Rating Agency, a statement based, as applicable, on the Remittance Report obtained from the Master Servicer (the “Distribution Date Statement”) as to the Noteholders, and the Owner Trustee 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 M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution 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 Loans which were the subject of Principal Prepayments during the Due Period;
(vii) the amount of all Curtailments which were servicing compensation received during by the Due Period;
(viii) the aggregate amount of all Excess Payments and the amounts of Monthly Payments in respect of principal received during the Due Period;
(ix) the amount of interest received on the Loans;
(x) 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;
(xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit L;
(xii) the amount of any Realized Losses incurred Servicer during the related Due Period;
(xiiiv) the Available Remittance Amounts aggregate amount of Advances for the Remittance related Due Period and the amount of unreimbursed Advances;
(vi) [Reserved];
(vii) the Loan Group Balance and related Net WAC for each Loan Group at the Close of Business at the end of the related Due Period;
(viii) [Reserved];
(ix) for each Loan Group, the aggregate Principal Balance of the One-Month LIBOR Indexed Mortgage Loans at the Close of Business at the end of the related Due Period;
(x) for each Loan Group, the aggregate Principal Balance of the 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;
(xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and by componentfor 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 Reimbursable Amounts and the GP Remittance Amount payable aggregate amount of Principal Prepayments with respect to each Loan Group made during the Remittance Daterelated Prepayment Period;
(xv) the Class Principal Balance for each Class aggregate amount of Class A, Class M and Class B Notes Realized Losses incurred during the related Due Period and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation cumulative amount of the Applied Realized Loss Amount made on such Remittance DateLosses;
(xvi) the calculation Class Certificate Principal Balance of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date;
(xvii) the Cumulative Realized LossesInterest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date;
(xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date;
(xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group;
(xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date;
(xxi) the Class Factor for 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 Class determined using the balances in subclause (xv) abovesuch Mortgage Loan;
(xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(f)(i);
(xxiii) [Reserved]the amount of any Basis Risk Shortfall, if any, and the related accrued interest thereon, with respect to the LIBOR Certificates;
(xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Date[reserved];
(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[reserved];
(xxvi) the Accelerated Principal Distribution Amount for such Remittance Date[reserved];
(xxvii) Reservedfor each Loan Group, the amount of Deferred Interest and Net Deferred Interest, if any, for such Loan Group;
(xxviii) the amount of Net Deferred Interest, if any, added to be deposited into the FHA Premium Account on Certificate Principal Balance or Component Principal Balance of the related Remittance Date Certificates and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i)Principal-Only Components;
(xxix) the amount of FHA Payments and Related Payments received during the related Due Periodcurrent Recoveries allocable to each Loan Group;
(xxx) the Reserve Amount for the related Remittance Datecumulative Recoveries allocable to each Loan Group;
(xxxi) claims filed during the Due Period;amount of the Certificate Insurer Reimbursement Amount, if any; and
(xxxii) claims the Deficiency Amount, if any, to be 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 requireCertificate Insurer. The Trustee Securities Administrator will make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall forward initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, 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 Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to Certificate Insurer and each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), i) through (xiii), (xixiii) and (xxxv), xxi) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force 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 appropriatetime.
(c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a 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 forcemonthly basis.
(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: Pooling and Servicing Agreement (Dsla Mortgage Loan Trust 2005-Ar5)
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Trustee shall make available to each Certificateholder, the Seller and each Rating Agency, a statement based, as applicable, on loan-level information obtained from the Servicer shall deliver (the “Distribution Date Statement”) as to the 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 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) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage for the related Remittance following Distribution 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 amount of servicing compensation received by the Servicer during the related Remittance Date (by Class and in the aggregate);Due Period
(v) any customary information as the Available Maximum Subordination Amount for the related Remittance DateTrustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(vi) the number aggregate amount of Advances for the related Due Period and Principal Balances the amount of all Loans which were the subject of Principal Prepayments during the Due Periodunreimbursed Advances;
(vii) the amount Pool Balance and Net WAC at the Close of all Curtailments which were received during Business at the end of the related Due Period;
(viii) the aggregate amount number, weighted average remaining term to maturity and weighted average Loan Rate of all Excess Payments and the amounts Mortgage Loans as of Monthly Payments in respect of principal received during the related Due PeriodDate;
(ix) the amount number and aggregate unpaid principal balance of interest received Mortgage Loans, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the Loanslast day of the preceding calendar month;
(x) the amount book value of any REO Property as of the Monthly Advances to be made Close of Business on the Determination last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the portion total number and cumulative principal balance of all REO Properties as of the Monthly Advances to be deposited in Close of Business of the Note Distribution Account pursuant to Section 7.01(a)(ii), and last day of the Compensating Interest payment to be made on the Determination Datepreceding Due Period;
(xi) the delinquency and foreclosure information set forth in aggregate amount of Principal Prepayments made during the form attached hereto as Exhibit Lrelated Prepayment Period;
(xii) the aggregate amount of any Realized Losses incurred during the related Due PeriodPeriod and the cumulative amount of Realized Losses;
(xiii) the Available Remittance Amounts for the Remittance Class Certificate Principal Balance or Class Certificate Notional Amount, as applicable, of each Class of Certificates after giving effect to any distributions made thereon, on such Distribution Date, in the aggregate and by component;
(xiv) the Reimbursable Amounts Interest Distributable Amount in respect of each Class of Certificates, for such Distribution Date and the GP Remittance Amount payable with respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date;
(xv) the Class Principal Balance for each Class aggregate amount of Class A, Class M and Class B Notes any Net Interest Shortfalls and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Unpaid Interest Shortfall Amount made on for such Remittance Distribution Date;
(xvi) the calculation of the Trigger Event, including the various components thereofAvailable Funds;
(xvii) the Cumulative Realized Losses, with respect to the Remittance Pass-Through Rate for each Class of Certificates for such Distribution Date;; and
(xviii) the amount, if any, aggregate Principal Balance of Mortgage Loans purchased hereunder 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 and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f);
(xxi) the Class Factor for each Class determined using the balances in subclause (xv) above;
(xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, 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 FHA Premium Account pursuant to Section 7.03(b)(i);
(xxix) the amount of FHA Payments and Related Payments received 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. The Trustee will make the Distribution Date Statement (xxxand, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the Reserve Amount for other parties to this Agreement via the related Remittance Date;
(xxxi) claims filed during Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇.” Parties that are unable to use the Due Period;
(xxxii) claims paid during above distribution option are entitled to have a paper copy mailed to them via first class mail by calling 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 requirecustomer service desk at ▇-▇▇▇-▇▇▇-▇▇▇▇ and indicating such. The Trustee shall forward have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to rely upon the telecopyall parties regarding any such change. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime.
(bc) On each Remittance Distribution Date, the Trustee shall forward supply an electronic tape to the Owner TrusteeBloomberg Financial Markets, for distribution Inc. in a format acceptable to the Holder of the GP InterestBloomberg Financial Markets, Inc. on a copy of the report forwarded monthly basis, and shall supply an electronic tape to the Noteholder Loan Performance and Intex Solutions in respect of such Remittance Date a format acceptable to Loan Performance and Intex Solutions on 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 appropriatemonthly basis.
(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: Pooling and Servicing Agreement (Greenpoint Mortgage Loan Trust 2004-1)
Statements. Each month, not later than 12:00 noon New York time on the Determination Date, the Servicer shall deliver to the Trustee, by telecopy, for (a) Concurrently with each distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which Securities Administrator shall be confirmed telephonicallymake available to each Certificateholder, with hard copy thereof the Seller, the Master Servicer, the Trustee and the Servicer's Monthly Computer Tape in Rating Agencies, a statement based, as applicable, on loan-level information provided to it by the form attached hereto Master Servicer and the Servicers (the “Distribution Date Statement”) as Exhibit M (both in hard copy and in computer tape form) to the distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and . The Distribution Date Statement shall include the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to Loan Group 1, Loan Group 2 and Loan Group 3 for the related Remittance following Distribution 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 Group 4 Senior Percentage, the Group 4 Senior Prepayment Percentage, the Group 4 Subordinate Percentage and Realized Loss Amounts the Group 4 Subordinate Prepayment Percentage with respect to Loan Group 4 for the related Remittance Date (by Class and in the aggregate)following Distribution Date;
(v) the Available Maximum Subordination Amount for aggregate amount of servicing compensation received by each Servicer during the related Remittance DateDue Period;
(vi) the number aggregate amount of Advances for the related Due Period and Principal Balances the amount of all Loans which were the subject of Principal Prepayments during the Due Periodunreimbursed Advances as reported by each Servicer;
(vii) the amount Loan Group Balance and related Net WAC for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period;
(viii) the aggregate amount of all Excess Payments and the amounts of Monthly Payments in respect of principal received during the Due Period;[reserved].
(ix) the amount aggregate Principal Balance of interest received on the LoansOne-Month LIBOR Indexed, Six-Month LIBOR Indexed, One-Year LIBOR Indexed and One-Year MTA Indexed Mortgage Loans at the Close of Business at the end of the related Due Period (for Loan Groups 1 through 3 in the aggregate and for Loan Group 4 separately);
(x) the amount of the Monthly Advances Master Servicer Fees paid to be made on or retained by 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 DateMaster Servicer;
(xi) the delinquency and foreclosure information set forth in aggregate amount of Servicing Fees paid to or retained by the form attached hereto as Exhibit LServicers;
(xii) to the extent that such amounts are paid out of the Distribution Account, the amount of any fees, expenses or indemnification amounts paid by the Trust with an identification of the general purpose of such amounts and the party receiving such amounts;
(xiii) for each Loan Group, the number, weighted average remaining term to maturity, weighted average life and weighted average Loan Rate of the related Mortgage Loans as of the related Due Date;
(xiv) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, using the “MBA” method (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month;
(xv) the rolling six-month delinquency rate for that Distribution Date;
(xvi) 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;
(xvii) the aggregate amount of Principal Prepayments and Prepayment Penalty Amounts with respect to each Loan Group made during the related Prepayment Period;
(xviii) the aggregate amount of Realized Losses for each Loan Group and Recoveries incurred during the related Due Period and the cumulative amount of Realized Losses and Recoveries as of such Distribution Date;
(xix) the cumulative amount of Realized Losses for each Loan Group;
(xx) the Realized Losses and Recoveries, if any, allocated to each Class of Certificates on the related Distribution Date;
(xxi) the Class Certificate Principal Balance of each Class of Certificates and the Apportioned Principal Balances of the Subordinate Certificates after giving effect to any distributions made thereon, on such Distribution Date;
(xxii) the Interest Distributable Amount in respect of each Class of Certificates, for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date;
(xxiii) the aggregate amount of any Net Interest Shortfalls and the Unpaid Interest Shortfall Amount for such Distribution Date;
(xxiv) the Available Funds with respect to each of Loan Groups 1, 2 and 3 and the Group 4 Available Funds with respect to Loan Group 4;
(xxv) the Pass-Through Rate and Adjusted Pass-Through Rate (in the case of the Group 4 Certificates other than the Class 4-AX Certificates) for each Class of Certificates for such Distribution Date
(xxvi) the aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller 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, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Date;
(xvi) the calculation of the Trigger Event, including the various components thereof;
(xvii) the Cumulative Realized Losses, with respect to the Remittance Date;
(xviii) 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 and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f);
(xxi) the Class Factor for each Class determined using the balances in subclause (xv) above;
(xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, 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;
(xxvxxvii) the amount of any Applied Realized Loss AmountPrincipal Deficiency Amounts or Accrued Interest Amounts paid to an Undercollateralized Group with respect to Loan Groups 1, Realized Loss Amount 2 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) Reserved3 or amounts paid pursuant to Section 5.01(f)(i);
(xxviii) the amount to be deposited into total number of Mortgage Loans in the FHA Premium Account on the related Remittance Date aggregate and the amount reimbursable to aggregate Stated Principal Balance for the Servicer from Group 1 Mortgage Loans (also separately stating such information for the FHA Premium Account pursuant to Section 7.03(b)(iAdjustable Rate Mortgage Loans, the Three-Year Hybrid Mortgage Loans and the Five-Year Hybrid Mortgage Loans);
, the Group 2 Mortgage Loans, the Group 3 Mortgage Loans and Group 4 Mortgage Loans (xxix) also stating separately such information for Negative Amortization Loans), in each case at the amount close of FHA Payments and Related Payments received during business at the end of the related Due Period;
(xxix) with respect to Group 4 Mortgage Loans, the amount of any Deferred Interest and Net Deferred Interest, if any, and the amount of any Net Deferred Interest, if any, added to the Class Principal Balance of the Group 4 Certificates; and
(xxx) the Reserve Amount for with respect to Mortgage Loans serviced by Cenlar, but only if such Mortgage Loans were subject to a modification of terms made during the related Remittance Date;Due Period as part of a loss mitigation strategy, the following items:
(xxxia) claims filed during the percentage (by outstanding Principal Balance) and the number of Mortgage Loans that were modified in the related Due Period;
(xxxiib) claims paid during the cumulative percentage (by Cut-Off Date Principal Balance) of modified mortgage loans;
(c) the amount of principal forgiven with respect to modified Mortgage Loans for the related Due Period;
(xxxiiid) claims denied by the FHA during cumulative amount of principal forgiven with respect to modified Mortgage Loans from the Due PeriodClosing Date;
(xxxive) claims pending the percentage (by outstanding Principal Balance) of modified Mortgage Loans that are included in the delinquency trigger calculation for purposes of the Step Down Conditions, the Two Times Test, the Group 4 Step Down Conditions and the Group 4 Two Times Test;
(f) the delinquency status of the modified Mortgage Loans both pre- and post- modification;
(g) the number of times the Mortgage Loan has been subject to modification;
(h) the effective date of the modification;
(i) the number of modifications made to Mortgage Loans in the last twelve months;
(j) the percentage (by outstanding Principal Balance) of modified Mortgage Loans that are current or delinquent in payment by and the FHA during delinquency status of the Due Periodmodified Mortgage Loans from the Closing Date; and
(xxxvk) Such other information as the Noteholders or Certificateholders may reasonably requireLoan Rate of the modified Mortgage Loans pre- and post- modification. The Trustee Securities Administrator will make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall forward initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 1-866-846-4526. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, 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 Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date.
(al) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ixi), (xiii), (xixii) and (xxxv), iv) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder and such other customary information which a Certificateholder reasonably requests to prepare its tax returns. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime.
(bm) On each Remittance Distribution Date, the Trustee Securities Administrator shall forward supply an electronic tape to the Owner TrusteeBloomberg Financial Markets, for distribution Inc. in a format acceptable to the Holder of the GP InterestBloomberg Financial Markets, Inc. on a copy of the report forwarded monthly basis, and shall supply an electronic tape to the Noteholder Loan Performance and Intex Solutions in respect of such Remittance Date a format acceptable to Loan Performance and Intex Solutions on 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 appropriatemonthly basis.
(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: Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2007-5)
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to each Certificateholder, the Sponsor, and each Rating Agency, a statement based, as applicable, on loan-level information obtained from the Servicers (the “Distribution Date Statement”) as to the 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 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) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage for the related Remittance following Distribution 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 aggregate amount of servicing compensation received by the Servicers and Realized Loss Amounts for the Master Servicer during the related Remittance Date (by Class and in the aggregate)Due Period;
(v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances;
(vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due PeriodPool Balance for such Distribution Date;
(vii) the amount Net Maximum Rate Cap, the Net WAC and the applicable Net WAC Cap at the Close of all Curtailments which were received during Business at the end of the related Due Period;
(viii) the aggregate amount Principal Balance of all Excess Payments and the amounts One-Month MTA Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period;
(ix) the amount aggregate Principal Balance of interest received on the LoansOne-Month LIBOR Indexed Mortgage Loans at the Close of Business at the end of the related Due Period;
(x) 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[Reserved];
(xi) the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date;
(xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate, (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, in each case, using the MBA method;
(xiii) the book value (if available) of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties as of the Close of Business of the last day of the preceding Due Period;
(xiv) the aggregate amount of Principal Prepayments made during the related Prepayment Period;
(xv) the aggregate amount of Realized Losses incurred during the related Due Period and the cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to each Class of Certificates;
(xvi) the Class Principal Balance or Class Notional Balance, as applicable, of each Class of Certificates after giving effect to any distributions made thereon, on such Distribution Date;
(xvii) the Monthly Interest Distributable Amount and the Interest Distributable Amount in respect of each Class of Certificates, for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date;
(xviii) the aggregate amount of any Realized Losses incurred Net Interest Shortfalls and the Unpaid Interest Shortfall Amount for such Distribution Date;
(xix) the Available Funds;
(xx) the Pass-Through Rate and Adjusted Cap Rate for each Class of Certificates for such Distribution Date;
(xxi) the aggregate Principal Balance of Mortgage Loans purchased hereunder by the Sponsor or an Originator, as applicable, during the related Due Period;
(xiiixxii) 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 current Recoveries allocable to the Remittance Date;
(xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Date;
(xvi) the calculation of the Trigger Event, including the various components thereof;
(xvii) the Cumulative Realized Losses, with respect to the Remittance Date;
(xviii) 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 and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f);
(xxi) the Class Factor for each Class determined using the balances in subclause (xv) above;
(xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodMortgage Loans;
(xxiii) [Reserved]cumulative Recoveries allocable to the Mortgage Loans;
(xxiv) the Spread Amount amount of any Basis Risk Shortfall, if any, and the Specified Subordinated Amount for such Remittance Daterelated accrued interest thereon;
(xxv) the amount of any Applied Realized Loss AmountDeferred Interest and Net Deferred Interest, Realized Loss Amount and Unpaid Realized Loss Amount if any, for each Class as of the close of such Remittance DateMortgage Loans;
(xxvi) the Accelerated amount of Net Deferred Interest, if any, added to the Class Principal Distribution Amount for such Remittance Date;Balance of the related Certificates; and
(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 FHA Premium Account pursuant to Section 7.03(b)(i);
(xxix) the amount of FHA Payments any Class P Distributable Amount 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 requireClass ES Distributable Amount. The Trustee Securities Administrator shall forward 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 the other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, 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 Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ixi), (xiii), (xixii) and (xxxv), iv) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder and such other customary information which a Certificateholder reasonably requests to prepare its tax returns. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force 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 appropriatetime.
(c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a 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 forcemonthly basis.
(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
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Trustee shall make available to each Certificateholder, the Seller, and each Rating Agency, a statement based, as applicable, on loan-level information obtained from and the Servicer shall deliver (the “Distribution Date Statement”) as to the 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 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) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution 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 aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances;
(vi) the number Pool Collateral Balance and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due PeriodLoan Group Collateral Balance for such Distribution Date;
(vii) the amount Loan Group Balance and related Net WAC for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period;
(viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments the One-Year LIBOR, Six-Month LIBOR and One-Year CMT Indexed Mortgage Loans at the amounts Close of Monthly Payments in respect Business at the end of principal received during the related Due Period;
(ix) the amount of interest received on the Loans[Reserved];
(x) 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[Reserved];
(xi) for each Loan Group, the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date;
(xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month, in each case, using the MBA method;
(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 any Principal Prepayments with respect to each Loan Group made during the related Prepayment Period;
(xv) the aggregate amount of Realized Losses incurred during the related Due Period;
(xiii) the Available Remittance Amounts Period for the Remittance Date, in the aggregate and by component;
(xiv) the Reimbursable Amounts each Loan Group and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance Date;
(xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateCertificates or Principal-Only Components;
(xvi) the calculation Class Principal Balance or Class Notional Balance, as applicable, of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date;
(xvii) the Cumulative Realized LossesMonthly Interest Distributable Amount and the Interest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date;
(xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date;
(xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group;
(xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date;
(xxi) the Class Factor for 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 Class determined using the balances in subclause (xv) abovesuch Mortgage Loan;
(xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(e)(i);
(xxiii) [Reserved];current Recoveries allocable to each Loan Group; and
(xxiv) cumulative Recoveries allocable to each Loan Group; The Trustee shall make the Spread Amount 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 Specified Subordinated Amount for such Remittance Date;
other parties to this Agreement via the Trustee’s Internet website. The Trustee’s Internet website shall initially be located at “▇▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/invr.” Assistance in using the website can be obtained by calling the Trustee customer service desk at (xxv▇▇▇) ▇▇▇-▇▇▇▇ . Parties that are unable to use the amount of any Applied Realized Loss Amount, Realized Loss Amount above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk 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 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 requireindicating such. The Trustee shall forward have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to rely upon the telecopyall parties regarding any such change. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime.
(bc) On each Remittance Distribution Date, the Trustee shall forward supply an electronic tape to the Owner TrusteeBloomberg Financial Markets, for distribution Inc. in a format acceptable to the Holder of the GP InterestBloomberg Financial Markets, Inc. on a copy of the report forwarded monthly basis, and shall supply an electronic tape to the Noteholder Loan Performance and Intex Solutions in respect of such Remittance Date a format acceptable to Loan Performance and Intex Solutions on 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 appropriatemonthly basis.
(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
Statements. Each month, not later than 12:00 noon New York time on the Determination Date, the Servicer shall deliver to the Trustee, by telecopy, for (a) Concurrently with each distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which Securities Administrator shall be confirmed telephonicallymake available to each Certificateholder, with hard copy thereof the Seller, the Master Servicer, the Trustee and the Servicer's Monthly Computer Tape in Rating Agencies, a statement based, as applicable, on loan-level information provided to it by the form attached hereto Master Servicer and the Servicers (the “Distribution Date Statement”) as Exhibit M (both in hard copy and in computer tape form) to the distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and . The Distribution Date Statement shall include the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution 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 aggregate amount of servicing compensation received by each Servicer during the related Remittance Date (by Class and in the aggregate)Due Period;
(v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances as reported by each Servicer;
(vi) the number Loan Group Balance and Principal Balances related Net WAC for each Loan Group at the Close of all Loans which were Business at the subject end of Principal Prepayments during the related Due Period;
(vii) the amount of all Curtailments which were received during the Due Period;[reserved].
(viii) the aggregate amount Principal Balance of all Excess Payments the One-Month LIBOR Indexed, Six-Month LIBOR Indexed, One-Year LIBOR Indexed and One-Year MTA Indexed Mortgage Loans at the amounts Close of Monthly Payments in respect Business at the end of principal received during the related Due Period;
(ix) the amount of interest received on the LoansMaster Servicer Fees paid to or retained by the Master Servicer;
(x) the aggregate amount of Servicing Fees paid to or retained by 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 DateServicers;
(xi) to the delinquency extent that such amounts are paid out of the Distribution Account, the amount of fees, expenses or indemnification amounts paid by the Trust with an identification of the general purpose of such amounts and foreclosure information set forth in the form attached hereto as Exhibit Lparty receiving such amounts;
(xii) for each Loan Group, the number, weighted average remaining term to maturity, weighted average life and weighted average Loan Rate of the related Mortgage Loans as of the related Due Date;
(xiii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, using the “MBA” method (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month;
(xiv) the rolling six-month delinquency rate for that Distribution Date;
(xv) 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;
(xvi) the aggregate amount of Principal Prepayments and Prepayment Penalty Amounts with respect to each Loan Group made during the related Prepayment Period;
(xvii) the aggregate amount of Realized Losses for each Loan Group and Recoveries incurred during the related Due Period and the cumulative amount of Realized Losses and Recoveries as of such Distribution Date;
(xviii) the cumulative amount of Realized Losses for each Loan Group;
(xix) the Realized Losses and Recoveries, if any, allocated to each Class of Certificates on the related Distribution Date;
(xx) the Class Certificate Principal Balance of each Class of Certificates and the Apportioned Principal Balances of the Subordinate Certificates after giving effect to any distributions made thereon, on such Distribution Date;
(xxi) the Interest Distributable Amount in respect of each Class of Certificates, for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date;
(xxii) the aggregate amount of any Realized Losses incurred Net Interest Shortfalls and the Unpaid Interest Shortfall Amount for such Distribution Date;
(xxiii) the Available Funds with respect to each Loan Group;
(xxiv) the Pass-Through Rate for each Class of Certificates for such Distribution Date
(xxv) the aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller 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, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Date;
(xvi) the calculation of the Trigger Event, including the various components thereof;
(xvii) the Cumulative Realized Losses, with respect to the Remittance Date;
(xviii) 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 and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f);
(xxi) the Class Factor for each Class determined using the balances in subclause (xv) above;
(xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, 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;
(xxvxxvi) 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 DateDeficiency Amounts or Accrued Interest Amounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(f)(i);
(xxvii) Reserved;the total number of Mortgage Loans in the aggregate and the aggregate Stated Principal Balance for the Group 1 Mortgage Loans (also separately stating such information for the Adjustable Rate Mortgage Loans, the Three-Year Hybrid Mortgage Loans and the Five-Year Hybrid Mortgage Loans), the Group 2 Mortgage Loans, the Group 3 Mortgage Loans and Group 4 Mortgage Loans, in each case at the close of business at the end of the related Due Period; and
(xxviii) with respect to the amount Mortgage Loans, but only if such Mortgage Loans were subject to be deposited into the FHA Premium Account on a modification of terms made during the related Remittance Date Due Period as part of a loss mitigation strategy, the following items:
(a) the percentage (by outstanding Principal Balance) and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i);
(xxix) the amount number of FHA Payments and Related Payments received during Mortgage Loans that were modified in the related Due Period;
(xxxb) the Reserve Amount cumulative percentage (by Cut-Off Date Principal Balance) of modified mortgage loans;
(c) the amount of principal and interest forgiven with respect to modified Mortgage Loans for the related Remittance Date;
(xxxi) claims filed during the Due Period;
(xxxiid) claims paid during the Due Periodcumulative amount of principal and interest forgiven with respect to modified Mortgage Loans from the Closing Date;
(xxxiiie) claims denied the percentage (by outstanding Principal Balance) of modified Mortgage Loans that are included in the FHA during delinquency trigger calculation for purposes of the Due PeriodStep Down Conditions and the Two Times Test;
(xxxivf) claims pending the delinquency status of the modified Mortgage Loans both pre- and post- modification;
(g) the number of times the Mortgage Loan has been subject to modification;
(h) the effective date of the modification;
(i) the number of modifications made to Mortgage Loans in the last twelve months;
(j) the percentage (by outstanding Principal Balance) of modified Mortgage Loans that are current or delinquent in payment by and the FHA during delinquency status of the Due Periodmodified Mortgage Loans from the Closing Date; and
(xxxvk) Such other information as the Noteholders or Certificateholders may reasonably requireLoan Rate of the modified Mortgage Loans pre- and post- modification. The Trustee Securities Administrator will make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall forward initially be located at “w▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 1-866-846-4526. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, 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 Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date.
(al) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ixi), (xiii), (xixii) and (xxxv), iv) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder and such other customary information which a Certificateholder reasonably requests to prepare its tax returns. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime.
(bm) On each Remittance Distribution Date, the Trustee Securities Administrator shall forward supply an electronic tape to the Owner TrusteeBloomberg Financial Markets, for distribution Inc. in a format acceptable to the Holder of the GP InterestBloomberg Financial Markets, Inc. on a copy of the report forwarded monthly basis, and shall supply an electronic tape to the Noteholder Loan Performance and Intex Solutions in respect of such Remittance Date a format acceptable to Loan Performance and Intex Solutions on 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 appropriatemonthly basis.
(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: Pooling and Servicing Agreement (Thornburg Mortgage Securities Trust 2008-1)
Statements. Each month(a) On each Distribution Date, not later than 12:00 noon New York time based, as applicable, on information provided to it by the Determination DateServicer, the Trustee shall prepare and make available to each Holder of the Regular Certificates, the Swap Counterparties, the Servicer shall deliver and the Rating Agencies, a statement as to the 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 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 distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class AP Certificates) allocable to interest, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesseparately identified;
(iii) the Principal Distribution Amounts for Pool Balance of the Group I Mortgage Loans and the Group II Mortgage Loans at the Close of Business at the end of 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 NotesDue Period;
(iv) the Interest Shortfall Carryforward Amounts number, aggregate principal balance, and Realized Loss Amounts for weighted average Mortgage Rate of the Mortgage Loans as of the related Remittance Determination Date (by Class and in the aggregate)number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment Period;
(v) the Available Maximum Subordination Amount for the related Remittance Datenumber 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 (C) REO Properties;
(vi) the number and Principal Balances of all Loans which were the subject aggregate amount of Principal Prepayments made during the Due related Prepayment Period;
(vii) the aggregate amount of all Curtailments which were received Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses;
(viii) the aggregate amount Certificate Principal Balance of all Excess Payments each class of the Class A Certificates, each class of the Mezzanine Certificates, each class of the Class B Certificates and the amounts of Monthly Payments in respect of principal received during Class O Certificates, after giving effect to the Due Perioddistributions made on such Distribution Date;
(ix) the amount Unpaid Interest Shortfall Amount, if any, with respect to each class of interest received on the LoansClass A Certificates, each class of the Mezzanine Certificates and each class of Class B Certificates for such Distribution Date;
(x) the aggregate amount of the Monthly Advances to be made on the Determination any Prepayment Interest Shortfalls for such Distribution Date, to the portion of extent not covered by payments by the Monthly Advances to be deposited in the Note Distribution Account Servicer pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date3.25;
(xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit LCredit Enhancement Percentage for such Distribution Date;
(xii) the Available Funds Cap Carryforward Amount for each class of the Class 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 of any Realized Losses incurred during the related Due Periodremaining unpaid after reimbursements therefor on such Distribution Date;
(xiii) the Available Remittance Amounts respective REMIC Pass-Through Rates applicable to each class of the Class A Certificates, each class of the Mezzanine Certificates and the Class B Certificates for such Distribution Date and the REMIC Pass-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 Remittance immediately succeeding Distribution Date, in the aggregate and by component;
(xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect to the Remittance Supplemental Interest Payment for each Class on such Distribution Date;
(xv) the Class difference between the Swap Notional Amount and the aggregate Certificate Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made Underwritten Certificates on such Remittance Distribution Date;
(xvi) the calculation of the Trigger Event, including the various components thereof;Required Overcollateralization Amount for such Distribution Date; and
(xvii) the Cumulative Realized Losses, with respect to the Remittance Date;
(xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount Excess Cashflow for such Remittance Distribution 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 and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f);
(xxi) the Class Factor for each Class determined using the balances in subclause (xv) above;
(xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, 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 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Closing 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.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime.
(bc) On each Remittance Distribution Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, Residual Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution 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 Trustee deems necessary or appropriate.
(cd) Within a reasonable period of time after the end of each calendar year, the Servicer Trustee shall furnish to the Trustee, with a copy to the Owner Trustee for distribution deliver to each Person who at any time during the calendar year was a Holder of the GP Interest 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 Holder of the GP InterestResidual Certificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided 50 prepared and furnished to Certificateholders by the Servicer Trustee pursuant to any requirements of the Code as from time to time in force.
(de) Upon reasonable advance 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 ▇-▇▇▇-▇▇▇-▇▇▇▇. 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 writingthe 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 Servicer 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 provide to each Class Ahave no obligation to, Class M and Class B Noteholder which is a savings and loan associationnor interest in, 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 Trust with respect to investment 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 Class A, Class M and Class B NotesTrustee 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. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Trustee shall make available to each Certificateholder, the Certificate Insurer, the Yield Maintenance Provider, the Seller, any NIMS Insurer and each Rating Agency, a statement based, as applicable, on loan-level information obtained from the Servicer shall deliver (the “Distribution Date Statement”) as to the Trusteedistributions to be made or made, as applicable, on such Distribution Date. Information in the Distribution Date Statement relating to or based on amounts available in the Yield Maintenance Account shall be based on information provided by telecopy, the Yield Maintenance Provider regarding any Yield Maintenance Distributable Amounts required to be paid by the Yield Maintenance Provider for distribution the related Distribution Date pursuant to the NoteholdersYield Maintenance Agreement. The Distribution Date Statement shall include the following information, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonicallyin each case, with 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) respect to be delivered on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) 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[Reserved];
(iv) the Interest Shortfall Carryforward Amounts aggregate amount of Servicing Fees, Credit Risk Manager Fees and Realized Loss Amounts Custodial Fees for the related Remittance Date (by Class and in the aggregate)Due Period;
(v) the Available Maximum Subordination Amount amount of Advances for each Loan Group and the aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances;
(vi) the number Loan Group Balance for each Loan Group and Principal Balances the Net WAC for each Loan Group at the Close of all Loans which were Business at the subject end of Principal Prepayments during the related Due Period;
(vii) the amount of all Curtailments which were received during Pool Balance and the Due PeriodLoan Group Balance for such Distribution Date;
(viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments and the amounts MTA Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period;
(ix) for each Loan Group, the amount of interest received on fees, expenses or indemnification amounts paid by the LoansTrust Fund with an identification of the general purpose of such amounts and the party receiving such amounts;
(x) for each Loan Group, the amount number, weighted average remaining term to maturity, weighted average life and weighted average Loan Rate of the Monthly Advances to be made on the Determination Date, the portion related Mortgage Loans as 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 related Due Date;
(xi) for each Loan Group, the delinquency number and aggregate unpaid principal balance of the related Mortgage Loans, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure information set forth proceedings have been commenced and (e) in bankruptcy, in each case as of the form attached hereto as Exhibit Lclose of business on the last day of the preceding calendar month, using the OTS method;
(xii) for each Loan Group, the book value (if available) of any REO Property as of the Close of Business on the last 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;
(xiii) for each Loan Group, the aggregate amount of any Principal Prepayments, net Principal Prepayments or other unscheduled recoveries of principal with respect to each Loan Group made during the related Prepayment Period;
(xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the related Due Period;
(xiii) the Available Remittance Amounts Period for the Remittance Date, in the aggregate and by component;
(xiv) the Reimbursable Amounts each Loan Group and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance each Class of Certificates after giving effect to any distributions made thereon, on such Distribution Date;
(xv) the Class Principal Balance for of each Class of Class A, Class M and Class B Notes Certificates and the Pool Balance Apportioned Principal Balances of the Subordinate Certificates after giving effect to the distribution to be any distributions made on the Remittance Date and after allocation of the Applied Realized Loss Amount made thereon, on such Remittance Distribution Date;
(xvi) for each Loan Group, the calculation Monthly Interest Distributable Amount and the Interest Distributable Amount in respect of each related Class of Certificates, for such Distribution Date and the Trigger Eventrespective portions thereof, including if any, remaining unpaid following the various components thereofdistributions made in respect of such Certificates on such Distribution Date;
(xvii) for each Loan Group, the Cumulative Realized Lossesaggregate amount of any Net Interest Shortfalls and the Unpaid Interest Shortfall Amount for such Distribution Date after giving effect to any distributions made thereon, with respect to the Remittance on such Distribution Date;
(xviii) for each Loan Group, the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Daterelated Available Funds;
(xix) the Servicing Feesfor each Loan Group, the Contingency Fees Pass-Through Rate and amounts to be deposited to the Expense Account and the FHA Premium Accountrelated Adjusted Cap Rate for each Class of Certificates for such Distribution Date;
(xx) for each Loan Group, the amount aggregate Principal Balance of all payments Mortgage Loans purchased hereunder by the Seller during the related Due Period, and reimbursements to indicating the Servicer pursuant to relevant section of the Mortgage Loan Purchase Agreement, or the Section 4.04(b)of this Agreement, (c)as applicable, (d)(ii), (e) and (f)requiring or allowing the purchase of each such Mortgage Loan;
(xxi) the Class Factor for each Class determined using Loan Group, the balances in subclause (xv) aboveamount of any Principal Deficiency Amounts or Accrued Interest Amounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(d);
(xxii) the weighted average current Recoveries allocable to each Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodGroup;
(xxiii) [Reserved]cumulative Recoveries allocable to each Loan Group;
(xxiv) the Spread Amount and the Specified Subordinated Amount amount of any Basis Risk Shortfall, if any, for each Class after giving effect to any distributions made thereon, on such Remittance Distribution Date;
(xxv) for each Loan Group, the amount of any Applied Realized Loss AmountDeferred Interest and Net Deferred Interest, Realized Loss Amount and Unpaid Realized Loss Amount if any, for each Class as of the close of such Remittance DateLoan Group;
(xxvi) the Accelerated Principal Distribution Amount for such Remittance Dateamount of the Certificate Insurer Reimbursement Amount, if any;
(xxvii) Reservedthe Deficiency Amount, if any, to be paid by the Certificate Insurer;
(xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable of Net Deferred Interest, if any, added to the Servicer from Class Principal Balance of the FHA Premium Account pursuant to Section 7.03(b)(i);Certificates
(xxix) the amount of FHA Payments and Related Payments received during the related Due Periodany Unpaid Interest Shortfall Amount;
(xxx) the amount of the Group 1 Final Maturity Reserve Amount, the Group 2 Final Maturity Reserve Amount for and the related Remittance Aggregate Final Maturity Reserve Amount deposited in the Final Maturity Reserve Account, and, on the Final Maturity Reserve Termination Date, the amount distributed from the Final Maturity Reserve Account to each Class of Certificates;
(xxxi) claims filed during the Due PeriodOvercollateralized Amount for that Distribution Date;
(xxxii) claims paid during the Due PeriodOvercollateralization Target Amount for that Distribution Date;
(xxxiii) claims denied the amount remitted by the FHA during Administrator to the Due PeriodTrustee pursuant to the Yield Maintenance Allocation Agreement;
(xxxiv) claims pending payment by the FHA during payments, if any, made from the Due PeriodYield Maintenance Account and the amount distributed to the LIBOR Certificates from such payments; and
(xxxv) Such other information as the Noteholders or Certificateholders may reasonably requireamount of any Class P Distributable Amount and the amount of any Class ES Distributable Amount. The Trustee shall forward 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 the other parties to this Agreement via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to rely upon the telecopyall parties regarding any such change. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date. In addition to the information listed above, such Distribution Date Statement or the report on Form 10-D for such Distribution Date shall also include any other information required by Item 1121 (§ 229.1121) of Regulation AB.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to any NIMS Insurer and each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person or any NIMS Insurer, such information as is reasonably necessary to provide to such Person or any NIMS Insurer a statement containing the information set forth in subclauses (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person or any NIMS Insurer was a NoteholderCertificateholder and such other customary information which a Certificateholder reasonably requests to prepare its tax returns. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime.
(bc) On each Remittance Distribution Date, the Trustee shall forward supply an electronic tape to the Owner TrusteeBloomberg Financial Markets, for distribution Inc. in a format acceptable to the Holder of the GP InterestBloomberg Financial Markets, Inc. on a copy of the report forwarded monthly basis, and shall supply an electronic tape to the Noteholder Loan Performance and Intex Solutions in respect of such Remittance Date a format acceptable to Loan Performance and Intex Solutions on 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 appropriatemonthly basis.
(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: Pooling and Servicing Agreement (HarborView 2006-10)
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Securities Administrator shall make available to each Certificateholder, the Seller, the Master Servicer, the Trustee and the Rating Agencies, a statement based, as applicable, on loan-level information provided to it by the Master Servicer shall deliver and the Servicers, (the “Distribution Date Statement”) as to the 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 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) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and . The Distribution Date Statement shall include the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution 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 aggregate amount of Servicing Fees and Realized Loss Amounts Master Servicing Fees for the related Remittance Date (by Class and in the aggregate)Due Period;
(v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances;
(vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due Period[reserved];
(vii) the amount Loan Group Balance and related Net WAC and applicable Net WAC Cap for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period;
(viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments the Six-Month LIBOR Indexed, One-Year LIBOR Indexed, Six-Month COFI Indexed and One-Year CMT Indexed Mortgage Loans at the amounts Close of Monthly Payments in respect Business at the end of principal received during the related Due Period;
(ix) the amount of interest received on the Loans[reserved];
(x) 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[reserved];
(xi) the delinquency number and aggregate unpaid principal balance of Mortgage Loans 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 information set forth proceedings have been commenced and (e) in bankruptcy, in each case as of the form attached hereto as Exhibit Lclose of business on the last day of the preceding calendar month, in each case, using the MBA method;
(xii) the amount book value (if available) of any Realized Losses incurred during REO Property as of the related 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;
(xiii) the Available Remittance Amounts for aggregate amount of Principal Prepayments with respect to each Loan Group made during the Remittance Date, in the aggregate and by componentrelated Prepayment Period;
(xiv) the Reimbursable Amounts aggregate amount of Realized Losses incurred during the related Due Period for each Loan Group and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance Dateeach Class of Certificates;
(xv) the Class Principal Balance for or Class Notional Balance, as applicable, of each Class of Class A, Class M and Class B Notes Certificates and the Pool Balance Apportioned Principal Balances of the Subordinate Certificates after giving effect to the distribution to be any distributions made on the Remittance Date and after allocation of the Applied Realized Loss Amount made thereon, on such Remittance Distribution Date;
(xvi) the calculation Monthly Interest Distributable Amount and the Interest Distributable Amount in respect of each Class of Certificates, for such Distribution Date and the Trigger Eventrespective portions thereof, including if any, remaining unpaid following the various components thereofdistributions made in respect of such Certificates on such Distribution Date;
(xvii) the Cumulative Realized Losses, with respect to aggregate amount of any Net Interest Shortfalls and the Remittance Unpaid Interest Shortfall Amount for such Distribution Date;
(xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance DateAvailable Funds with respect to each Loan Group;
(xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium AccountPass-Through Rate for each Class of Certificates for such Distribution Date;
(xx) the amount aggregate Principal Balance of all payments Mortgage Loans purchased hereunder by the Seller during the related Due Period, and reimbursements to indicating the Servicer pursuant to relevant section of the Servicing Agreement, or the Section 4.04(b)of this Agreement, (c)as applicable, (d)(ii), (e) and (f);requiring or allowing the purchase of each such Mortgage Loan; and
(xxi) the Class Factor for 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). The Securities Administrator will make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each Class determined month to Certificateholders and the other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the balances website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such reports are distributed in subclause (xv) above;
(xxii) order to make such distribution more convenient and/or more accessible to the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Dateparties, and the weighted average Loan Interest Rate for the prior three month period;
(xxiii) [Reserved];
(xxiv) the Spread Amount Securities Administrator shall provide timely and the Specified Subordinated Amount for adequate notification to all parties regarding any 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 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date. In addition to the information listed above, such Distribution Date Statement shall also include the information required by Item 1121 (§ 229.1121) of Regulation AB.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), i) through (xiii), (xixiii) and (xxxv), xxi) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder and such other customary information which a Certificateholder reasonably requests to prepare its tax returns. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force 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 appropriatetime.
(c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a 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 forcemonthly basis.
(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: Pooling and Servicing Agreement (Harborview 2006-6)
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, based, as applicable, on information provided to it by the Servicer Servicer, the Trustee shall deliver prepare and make available to each Holder of the Regular Certificates, the Servicer, the Certificate Insurer and the Rating Agencies, a statement as to the 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 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 distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of the Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) 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 Notesreserved;
(iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Servicer with respect to the related Remittance Date Period (by Class separately identifying Servicing Fees and in other servicing compensation) and such other customary information as the aggregate)Trustee reasonably deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DatePeriod;
(vi) the number and Principal Balances Pool Balance at the Close of all Loans which were Business at the subject end of Principal Prepayments during the Due related Remittance Period;
(vii) the amount number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of all Curtailments which were received during the Due PeriodMortgage Loans as of the related Determination Date;
(viii) the number and aggregate amount unpaid Stated Principal Balance of all Excess Payments 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 amounts Close of Monthly Payments in respect Business on the last day of principal received during the Due Periodcalendar month preceding such Distribution Date, and (b) the related Mortgaged Properties of which are REO Properties;
(ix) the amount total number and cumulative Stated Principal Balance of interest received on all REO Properties as of the LoansClose of Business of the last day of the preceding Prepayment Period;
(x) the aggregate amount of Principal Prepayments made during 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 Daterelated Prepayment Period;
(xi) the delinquency aggregate amount of Realized Losses incurred during the related Prepayment Period and foreclosure information set forth in the form attached hereto as Exhibit Lcumulative amount of Realized Losses;
(xii) the aggregate amount of any Realized Losses incurred Subsequent Recoveries received during the related Due Period;Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date
(xiii) the Available Remittance Amounts for aggregate Certificate Principal Balance of each Class of Regular Certificates after giving effect to the Remittance Datedistributions, and allocations of Realized Losses, made on such Distribution Date separately identifying any reduction thereof due to allocations of Realized Losses (in the aggregate case of the Subordinated Certificates and by componentthe Class C Certificates);
(xiv) the Reimbursable Amounts and Certificate Factor for each Class of the GP Remittance Amount payable with respect Regular Certificates applicable to the Remittance such Distribution Date;
(xv) the Accrued Certificate Interest for the Class Principal Balance for each Class of Class AA Certificates, Class M and Class B Notes the Subordinated Certificates and the Pool Balance after giving effect Class C Certificates for such Distribution Date and Unpaid Interest Shortfall Amount, if any, with respect to the distribution to be made on Class A Certificates and the Remittance Date and after allocation of the Applied Realized Loss Amount made on Subordinated Certificates for such Remittance Distribution Date;
(xvi) the calculation aggregate amount of the Trigger Event, including the various components thereofany Net Prepayment Interest Shortfalls for such Distribution Date;
(xvii) the Cumulative Realized Losses, with respect to the Remittance aggregate amount of any Relief Act Interest Shortfalls for such Distribution Date;
(xviii) the amount, if any, by which Overcollateralized Amount and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Excess Overcollateralization Amount for such Remittance Distribution Date;
(xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium AccountCredit Enhancement Percentage for such Distribution Date;
(xx) the Net WAC Rate Carryover Amount for the Class A Certificates and the Subordinated Certificates, if any, for such Distribution Date and the amount of all remaining unpaid after payments and reimbursements to from the Servicer Excess Reserve Fund Account are made pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f4.01(e);
(xxi) when the Class Factor for each Class determined using the balances Stepdown Date has occurred and when a Trigger Event is in subclause (xv) aboveeffect;
(xxii) the weighted average Loan Interest Rate deposits to and withdrawals from the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Excess Reserve Fund Account on such Distribution Date, and the weighted average Loan Interest Rate for the prior three month period;
(xxiii) [Reserved]the Available Funds for such Distribution Date;
(xxiv) the Spread Amount respective Pass-Through Rates applicable to the Class A Certificates, the Subordinated Certificates and the Specified Subordinated Amount Class C Certificates for such Remittance Distribution Date and the respective Pass-Through Rates applicable to the Class A Certificates and the Subordinated Certificates for the immediately succeeding Distribution Date;
(xxv) the amount of any Applied Realized Loss Amount, Realized Loss aggregate Notional Amount and Unpaid Realized Loss Amount for each Class as of the close of Class C Certificates, in each case after giving effect the reductions thereof to occur on such Remittance Distribution Date;
(xxvi) the Accelerated Principal Distribution amount of the Reimbursement Amount for such Remittance Distribution Date and the amount received by the Certificate Insurer in respect thereof on such Distribution Date;
(xxvii) Reserved;reserved; and
(xxviii) the amount to be deposited into due under the FHA Premium Account on Corridor Agreements and the amounts received under the related Remittance Date Corridor Agreement. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the Servicer, the Trustee, the Certificate Insurer and the amount reimbursable Rating Agencies via the Trustee's internet website. The Trustee's internet website shall initially be located at ▇▇▇▇▇://▇▇▇.▇▇▇.▇▇.▇▇▇/INVR. Assistance in using the website can be obtained by calling the Trustee's customer service desk at ▇-▇▇▇-▇▇▇-▇▇▇▇. Parties that are unable to use the Servicer from above distribution options are entitled to have a paper copy mailed to them via first class mail by calling the FHA Premium Account pursuant to Section 7.03(b)(i);
(xxix) the amount of FHA Payments customer service desk 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 requireindicating such. The Trustee shall forward 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 Noteholders above parties 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to rely upon the telecopyall above parties regarding any such changes. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per $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.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in force.
(b) time. On each Remittance Distribution Date, the Trustee shall forward make available to the Owner Trustee, for distribution to the Holder of the GP Interest, Class R Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution 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 Trustee deems necessary or appropriate.
(c) . Within a reasonable period of time after the end of each calendar year, the Servicer Trustee shall furnish to the Trustee, with a copy to the Owner Trustee for distribution deliver to each Person who at any time during the calendar year was a Holder of the GP Interest 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 Holder of the GP InterestClass R Certificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Certificateholders by the Servicer 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: (di) Upon reasonable advance notice the private placement memorandum or other disclosure document relating to such Certificates, if any, in writingthe 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 will provide since the Closing Date to each Class Aevidence the Servicer's determination that any Advance or Servicing Advance was, Class M or if made, would be a Nonrecoverable Advance or Nonrecoverable Servicing Advance, respectively. Copies and Class B Noteholder which is a savings mailing of any 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 all of the Office foregoing items will be available from the Trustee upon request at the expense of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notesperson requesting the same.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Indymac Residential Mortgage-Backed Trust, Series 2006-L1)
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) Two Business Days prior to each Distribution Date, the Servicer Securities Administrator shall deliver make available to the TrusteeSecurities Administrator, by telecopy, for and concurrently with each distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt Certificate Insurer, the Credit Risk Manager, the Securities Administrator shall make available to each Certificateholder, the Seller, the Master Servicer, the Trustee and legibility of which shall be confirmed telephonicallythe Rating Agencies, with hard copy thereof a statement based, as applicable, on loan-level information provided to it by the Master Servicer and the Servicer's Monthly Computer Tape in , no later than the form attached hereto third Business Day prior to the related Distribution Date, (the “Distribution Date Statement”) as Exhibit M (both in hard copy and in computer tape form) to the distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and . The Distribution Date Statement shall include the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) 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[Reserved];
(iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Securities Administrator deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the Available Maximum Subordination Amount amount of Advances for each Loan Group for the related Remittance DateDue Period and the amount of unreimbursed Advances;
(vi) the number and Principal Balances Loan Group Balance for each Loan Group, the related Net WAC Cap for each Loan Group at the Close of all Loans which were Business at the subject end of Principal Prepayments during the related Due Period;
(vii) the amount of all Curtailments which were received during the Due Period[Reserved];
(viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments and the amounts MTA Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period;
(ix) for each Loan Group, the amount of interest received on fees, expenses or indemnification amounts paid by the LoansTrust Fund with an identification of the general purpose of such amounts and the party receiving such amounts;
(x) for each Loan Group, the amount number, weighted average remaining term to maturity, weighted average life and weighted average Loan Rate of the Monthly Advances to be made on the Determination Date, the portion related Mortgage Loans as 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 related Due Date;
(xi) for each Loan Group, the delinquency number and aggregate unpaid principal balance of the related Mortgage Loans, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure information set forth proceedings have been commenced and (e) in bankruptcy, in each case as of the form attached hereto as Exhibit Lclose of business on the last day of the preceding calendar month;
(xii) for each Loan Group, 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;
(xiii) for each Loan Group, the aggregate amount of any Principal Prepayments with respect to each Loan Group made during the related Prepayment Period;
(xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the related Due Period;
(xiii) the Available Remittance Amounts Period for the Remittance Date, in the aggregate and by component;
(xiv) the Reimbursable Amounts each Loan Group and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance Dateeach Class of Certificates;
(xv) the Class Principal Balance for of each Class of Class A, Class M and Class B Notes Certificates and the Pool Balance Apportioned Principal Balances of the Subordinate Certificates after giving effect to the distribution to be any distributions made on the Remittance Date and after allocation of the Applied Realized Loss Amount made thereon, on such Remittance Distribution Date;
(xvi) for each Loan Group, the calculation Monthly Interest Distributable Amount and the Interest Distributable Amount in respect of each related Class of Certificates, for such Distribution Date and the Trigger Eventrespective portions thereof, including if any, remaining unpaid following the various components thereofdistributions made in respect of such Certificates on such Distribution Date;
(xvii) for each Loan Group, the Cumulative Realized Losses, with respect to aggregate amount of any Net Interest Shortfalls and the Remittance Unpaid Interest Shortfall Amount for such Distribution Date;
(xviii) for each Loan Group, the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Daterelated Available Funds;
(xix) the Servicing Feesfor each Loan Group, the Contingency Fees Pass-Through Rate and amounts to be deposited to the Expense Account and the FHA Premium AccountAdjusted Cap Rate for each Class of Certificates for such Distribution Date;
(xx) for each Loan Group, the amount aggregate Principal Balance of all payments Mortgage Loans purchased hereunder by the Seller during the related Due Period, and reimbursements to indicating the Servicer pursuant to relevant section of the Mortgage Loan Purchase Agreement, or the Section 4.04(b)of this Agreement, (c)as applicable, (d)(ii), (e) and (f)requiring or allowing the purchase of each such Mortgage Loan;
(xxi) the Class Factor for each Class determined using the balances in subclause (xv) above[reserved];
(xxii) the weighted average for each Loan Interest Rate and the weighted average Class Adjusted Loan Remittance RatesGroup, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodcurrent Recoveries allocable thereto;
(xxiii) [Reserved]for each Loan Group, cumulative Recoveries allocable thereto;
(xxiv) for each Loan Group, the Spread Amount amount of any Basis Risk Shortfall, if any, and the Specified Subordinated Amount for such Remittance Daterelated accrued interest thereon;
(xxv) for each Loan Group, the amount of any Applied Realized Loss AmountDeferred Interest and Net Deferred Interest, Realized Loss Amount and Unpaid Realized Loss Amount if any, for each Class as of the close of such Remittance DateLoan Group;
(xxvi) the Accelerated Principal Distribution Amount for such Remittance Dateamount of the Certificate Insurer Reimbursement Amount, if any;
(xxvii) Reservedthe Deficiency Amount, if any, to be paid by the Certificate Insurer;
(xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable of Net Deferred Interest, if any, added to the Servicer from Class Principal Balance of the FHA Premium Account pursuant to Section 7.03(b)(i)Certificates;
(xxix) the amount of FHA Payments and Related Payments received during the related Due PeriodOvercollateralization Amount for that Distribution Date;
(xxx) the Reserve Overcollateralization Target Amount for the related Remittance that Distribution Date;
(xxxi) claims filed during for each Loan Group, the Due Periodaggregate minimum amount of payments required to be made in respect of interest and principal on the Mortgage Loans;
(xxxii) claims paid during the Due Period;number of Mortgage Loans and the aggregate Stated Principal Balance of Mortgage Loans that have negative amortization; and
(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 requireThe amount of any Class P Distributable Amount. The Trustee Securities Administrator shall forward 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 the other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, 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 Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date. In addition to the information listed above, such Distribution Date Statement shall also include the information required by Item 1121 (§ 229.1121) of Regulation AB.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder and such other customary information which a Certificateholder reasonably requests to prepare its tax returns. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force 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 appropriatetime.
(c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a 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 forcemonthly basis.
(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: Pooling and Servicing Agreement (Dsla Mortgage Loan Trust 2006-Ar1)
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopyeach Certificateholder, for distribution the Seller, the Master Servicer and the Rating Agency, a statement based, as applicable, on the Remittance Report obtained from the Master Servicer (the “Distribution Date Statement”) as to the Noteholders, and the Owner Trustee 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 M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution 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 Loans which were the subject of Principal Prepayments during the Due Period;
(vii) the amount of all Curtailments which were servicing compensation received during by the Due Period;
(viii) the aggregate amount of all Excess Payments and the amounts of Monthly Payments in respect of principal received during the Due Period;
(ix) the amount of interest received on the Loans;
(x) 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;
(xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit L;
(xii) the amount of any Realized Losses incurred Servicer during the related Due Period;
(xiiiv) the Available Remittance Amounts aggregate amount of Advances for the Remittance related Due Period and the amount of unreimbursed Advances;
(vi) the Loan Group Balance and the Non-PO Loan Group Balance, and the related Net WAC for each Loan Group at the Close of Business at the end of the related Due Period;
(vii) 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;
(viii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and by componentfor 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 Principal Prepayments with respect to each Loan Group made during the related Prepayment Period;
(xi) the aggregate amount of Realized Losses incurred during the related Due Period and the cumulative amount of Realized 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 any distributions made thereon, on such Distribution Date;
(xiii) the Interest Distributable Amount in respect of each Class of Certificates, for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect of such Certificates on such Distribution Date;
(xiv) the Reimbursable Amounts aggregate amount of any Net Interest Shortfalls and the GP Remittance Unpaid Interest Shortfall Amount payable with respect to the Remittance for such Distribution Date;
(xv) the Class Principal Balance for Available Funds with respect to each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateLoan Group;
(xvi) the calculation Pass-Through Rate for each Class of the Trigger Event, including the various components thereofCertificates for such Distribution Date;
(xvii) the Cumulative Realized Lossesaggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, with respect to and indicating the Remittance Daterelevant 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, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Dateamount of any Principal Deficiency Amounts or Accrued Interest Amounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(e)(i);
(xix) the Servicing Fees, amount of compensation received by the Contingency Fees and amounts to be deposited to Trustee during the Expense Account and the FHA Premium Accountrelated Due Period;
(xx) the amount of all payments and reimbursements to compensation received by the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f);
(xxi) the Class Factor for each Class determined using the balances in subclause (xv) above;
(xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, 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 FHA Premium Account pursuant to Section 7.03(b)(i);
(xxix) the amount of FHA Payments and Related Payments received Custodian during the related Due Period;
(xxxxxi) the Reserve Amount for the related Remittance Datecurrent and cumulative Recoveries;
(xxxixxii) claims filed during the Due Periodcurrent and cumulative PO Recoveries;
(xxxiixxiii) 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 Periodcurrent and cumulative Charged-off Recoveries; and
(xxxvxxiv) Such other information as the Noteholders 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 Certificateholders may reasonably requirethe PO Components. The Trustee Securities Administrator will make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall forward initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, 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 Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), i) through (xiii), (xixiii) and (xxxv), xvii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force 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 appropriatetime.
(c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a 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 forcemonthly basis.
(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: Pooling and Servicing Agreement (Charlie Mac Trust 2004-2)
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Trustee shall deliver make available to each Certificateholder, the Trustee, by telecopy, for distribution to the NoteholdersSeller, and the Owner Trustee for distribution Rating Agency, a statement based, as applicable, on loan-level information obtained from and the Servicer (the “Distribution Date Statement”) as 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 M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution 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 aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances;
(vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due Period[reserved];
(vii) the amount Loan Group Balance and related Net WAC and Net WAC Cap for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period;
(viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments and the amounts One-Month MTA Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period;
(ix) the amount of interest received on the LoansReserved;
(x) 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 DateReserved;
(xi) for each Loan Group, the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date;
(xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month;
(xiii) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period;
(xiv) the aggregate amount of any Principal Prepayments with respect to each Loan Group made during the related Prepayment Period;
(xv) the aggregate amount of 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 Period and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance Date;
(xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateCertificates or Principal-Only Components;
(xvi) the calculation Class Certificate Principal Balance or Class Certificate Notional Amount, as applicable, of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date;
(xvii) the Cumulative Realized LossesInterest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date;
(xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date;
(xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group;
(xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date;
(xxi) the Class Factor for 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 Class determined using the balances in subclause (xv) abovesuch Mortgage Loan;
(xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(e)(i);
(xxiii) [Reserved]current Recoveries allocable to each Loan Group;
(xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Datecumulative Recoveries allocable to each Loan Group;
(xxv) the amount of any Applied Realized Loss AmountBasis Risk Shortfall, Realized Loss Amount if any, and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Daterelated accrued interest thereon;
(xxvi) for each Loan Group, the Accelerated Principal Distribution Amount amount of Deferred Interest and Net Deferred Interest, if any, for such Remittance Date;Loan Group; and
(xxvii) Reserved;payments made under the Yield Maintenance Agreement, if any; and
(xxviii) the amount of Net Deferred Interest, if any, added to be deposited into the FHA Premium Account on Class Certificate Principal Balance or Component Principal Balance of the related Remittance Certificates and Principal-Only Components. 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 the amount reimbursable other parties to this Agreement via the Servicer from Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇.▇▇▇.” Assistance in using the FHA Premium Account pursuant website can be obtained by calling the Trustee customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to Section 7.03(b)(i);
(xxix) use the amount of FHA Payments above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk 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 requireindicating such. The Trustee shall forward have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to rely upon the telecopyall parties regarding any such change. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime.
(bc) On each Remittance Distribution Date, the Trustee shall forward supply an electronic tape to the Owner TrusteeBloomberg Financial Markets, for distribution Inc. in a format acceptable to the Holder of the GP InterestBloomberg Financial Markets, Inc. on a copy of the report forwarded monthly basis, and shall supply an electronic tape to the Noteholder Loan Performance and Intex Solutions in respect of such Remittance Date a format acceptable to Loan Performance and Intex Solutions on 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 appropriatemonthly basis.
(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: Pooling and Servicing Agreement (Greenwich HarborView Mortgage Loan Trust 2005-1)
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Trustee shall make available to each Certificateholder, the Certificate Insurer, the Seller, and each Rating Agency, a statement based, as applicable, on loan-level information obtained from and the Servicer shall deliver (the “Distribution Date Statement”) as to the 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 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) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution 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 aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances;
(vi) the number Pool Collateral Balance and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due PeriodLoan Group Collateral Balance for such Distribution Date;
(vii) the amount Loan Group Balance and related Net WAC and applicable Net WAC Cap for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period;
(viii) for each Loan Group (other than Loan Group 3), the aggregate amount Principal Balance of all Excess Payments and the amounts One-Month MTA Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period, and for Loan Group 3, the aggregate Principal Balance of the COFI Indexed Mortgage Loans;
(ix) the amount of interest received on the Loans[Reserved];
(x) 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[Reserved];
(xi) for each Loan Group, the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date;
(xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month, in each case, using the MBA method;
(xiii) the book value (if available) of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period;
(xiv) the aggregate amount of any Principal Prepayments with respect to each Loan Group made during the related Prepayment Period;
(xv) the aggregate amount of Realized Losses incurred during the related Due Period;
(xiii) the Available Remittance Amounts Period for the Remittance Date, in the aggregate and by component;
(xiv) the Reimbursable Amounts each Loan Group and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance Date;
(xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateCertificates or Principal-Only Components;
(xvi) the calculation Class Principal Balance or Class Notional Balance, as applicable, of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date;
(xvii) the Cumulative Realized LossesMonthly Interest Distributable Amount and the Interest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date;
(xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date;
(xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group;
(xx) the amount Pass-Through Rate and Adjusted Cap Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date;
(xxi) the Class Factor for 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 Class determined using the balances in subclause (xv) abovesuch Mortgage Loan;
(xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(e)(i);
(xxiii) [Reserved]current Recoveries allocable to each Loan Group;
(xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Datecumulative Recoveries allocable to each Loan Group;
(xxv) the amount of any Applied Realized Loss AmountBasis Risk Shortfall, Realized Loss Amount if any, and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Daterelated accrued interest thereon;
(xxvi) for each Loan Group, the Accelerated Principal Distribution Amount amount of Deferred Interest and Net Deferred Interest, if any, for such Remittance DateLoan Group;
(xxvii) Reservedthe amount of Net Deferred Interest, if any, added to the Class Principal Balance of the related Certificates;
(xxviii) the amount to be deposited into of the FHA Premium Account on the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i)Certificate Insurer Reimbursement Amount, if any;
(xxix) the amount of FHA Payments and Related Payments received during Deficiency Amount, if any, to be paid by the related Due PeriodCertificate Insurer;
(xxx) the Reserve Amount for number of mortgage loans and the related Remittance Date;aggregate principal balance of the mortgage loans that have negatively amortized in each Loan Group; and
(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 requireamount of any Class X-1 Distributable Amount, Class X-3A Distributable Amount and Class X-B Distributable Amount. The Trustee shall forward 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 the other parties to this Agreement via the Trustee’s Internet website. The Trustee’s Internet website shall initially be located at “▇▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Trustee customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to rely upon the telecopyall parties regarding any such change. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date. In addition to the information listed above, such Distribution Date Statement shall also include such other information as is required by Form 10-D, including, but not limited to, the information required by Item 1121 (§ 229.1121) of Regulation AB.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to Certificate Insurer and each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime.
(bc) On each Remittance Distribution Date, the Trustee shall forward supply an electronic tape to the Owner TrusteeBloomberg Financial Markets, for distribution Inc. in a format acceptable to the Holder of the GP InterestBloomberg Financial Markets, Inc. on a copy of the report forwarded monthly basis, and shall supply an electronic tape to the Noteholder Loan Performance and Intex Solutions in respect of such Remittance Date a format acceptable to Loan Performance and Intex Solutions on 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 appropriatemonthly basis.
(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
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopyeach Certificateholder, for distribution the Certificate Insurer, the Seller, the Master Servicer and each Rating Agency, a statement based, as applicable, on loan-level information obtained from the Master Servicer and the Servicer (the “Distribution Date Statement”) as to the Noteholders, and the Owner Trustee 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 M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution 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 aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances;
(vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due Period[reserved];
(vii) the amount Loan Group Balance and related Net WAC and applicable Net WAC Cap for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period;
(viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments and the amounts One-Month MTA Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period;
(ix) the amount of interest received on the Loans[reserved];
(x) 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[reserved];
(xi) for each Loan Group, the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date;
(xii) the number and aggregate unpaid principal balance of Mortgage Loans 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 any Principal Prepayments with respect to each Loan Group made during the related Prepayment Period;
(xv) the aggregate amount of Realized Losses incurred during the related Due Period;
(xiii) the Available Remittance Amounts Period for the Remittance Date, in the aggregate and by component;
(xiv) the Reimbursable Amounts each Loan Group and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance Date;
(xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateCertificates;
(xvi) the calculation Class Certificate Principal Balance or Class Certificate Notional Balance, as applicable, of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date;
(xvii) the Cumulative Realized LossesMonthly Interest Distributable Amount and the Interest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date;
(xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date;
(xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group;
(xx) the amount Pass-Through Rate and Adjusted Cap Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date;
(xxi) the Class Factor for 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 Class determined using the balances in subclause (xv) abovesuch Mortgage Loan;
(xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(f)(i);
(xxiii) [Reserved]current Recoveries allocable to each Loan Group;
(xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Datecumulative Recoveries allocable to each Loan Group;
(xxv) the amount of any Applied Realized Loss AmountBasis Risk Shortfall, Realized Loss Amount if any, and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Daterelated accrued interest thereon;
(xxvi) for each Loan Group, the Accelerated Principal Distribution Amount amount of Deferred Interest and Net Deferred Interest, if any, for such Remittance DateLoan Group;
(xxvii) Reservedpayments made under the Yield Maintenance Agreements, if any;
(xxviii) the amount of Net Deferred Interest, if any, added to be deposited into the FHA Premium Account on Class Certificate Principal Balance of the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i)Certificates;
(xxix) the amount of FHA Payments and Related Payments received during the related Due PeriodCertificate Insurer Reimbursement Amount, if any;
(xxx) the Reserve Amount for Deficiency Amount, if any, to be paid by the related Remittance Date;Certificate Insurer; and
(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 requireThe amount of any Class 1-P Distributable Amount, Class 2-P Distributable Amount, Class 3-P Distributable Amount, Class 3-XB Distributable Amount and Class ES Distributable Amount. The Trustee Securities Administrator will make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall forward initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, 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 Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to Certificate Insurer and each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), i) through (xiii), (xixiii) and (xxxv), xxi) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force 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 appropriatetime.
(c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a 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 forcemonthly basis.
(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: Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2005-15)
Statements. Each month(a) On each Distribution Date, not later than 12:00 noon New York time based, as applicable, on information provided to it by the Determination DateServicer, the Certificate Administrator shall prepare and make available to each Holder of the Regular Certificates, the Swap Counterparties, the Servicer shall deliver and the Rating Agencies, a statement as to the 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 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 distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class AP Certificates) allocable to interest, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesseparately identified;
(iii) the Principal Distribution Amounts for Pool Balance at the Close of Business at the end of 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 NotesDue Period;
(iv) the Interest Shortfall Carryforward Amounts number, aggregate principal balance, and Realized Loss Amounts for weighted average Mortgage Rate of the Mortgage Loans as of the related Remittance Determination Date (by Class and in the aggregate)number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment Period;
(v) the Available Maximum Subordination Amount for the related Remittance Datenumber 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 (C) REO Properties;
(vi) the number and Principal Balances of all Loans which were the subject aggregate amount of Principal Prepayments made during the Due related Prepayment Period;
(vii) the aggregate amount of all Curtailments which were received Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses;
(viii) the aggregate amount Certificate Principal Balance of all Excess Payments each class of the Class A Certificates, each class of the Mezzanine Certificates, the Class B Certificates and the amounts of Monthly Payments in respect of principal received during Class O Certificates, after giving effect to the Due Perioddistributions made on such Distribution Date;
(ix) the amount Unpaid Interest Shortfall Amount, if any, with respect to each class of interest received on the LoansClass A Certificates, each class of the Mezzanine Certificates, the Class B Certificates and the Class AIO Certificates for such Distribution Date;
(x) the aggregate amount of the Monthly Advances to be made on the Determination any Prepayment Interest Shortfalls for such Distribution Date, to the portion of extent not covered by payments by the Monthly Advances to be deposited in the Note Distribution Account Servicer pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date3.25;
(xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit LCredit Enhancement Percentage for such Distribution Date;
(xii) the Available Funds Cap Carryforward Amount for each class of the Class A Certificates, each class of the Mezzanine Certificates and the Class B Certificates, if any, for such Distribution Date and the amount of any Realized Losses incurred during the related Due Periodremaining unpaid after reimbursements therefor on such Distribution Date;
(xiii) the Available Remittance Amounts 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 the Class AIO Certificates for such 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 Remittance immediately succeeding Distribution Date, in the aggregate and by component;
(xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect to the Remittance Supplemental Interest Payment for each Class on such Distribution Date;
(xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and difference between the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Date;
(xvi) the calculation of the Trigger Event, including the various components thereof;
(xvii) the Cumulative Realized Losses, with respect to the Remittance Date;
(xviii) 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 and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f);
(xxi) the Class Factor for each Class determined using the balances in subclause (xv) above;
(xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period;
(xxiii) [Reserved];
(xxiv) the Spread Swap Notional Amount and the Specified Subordinated Amount for such Remittance Date;
Underwritten Certificates (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 Class B Certificate if held by an entity unrelated to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i);
(xxixSeller) the amount of FHA Payments and Related Payments received during the related Due Period;
(xxx) the Reserve Amount for the related Remittance Principal Balance on such Distribution 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per 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.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Certificate Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), (xiii), (xixi) and (xxxv), ii) 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.a
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Novastar Mortgage Funding Trust Series 2002-1)
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Trustee shall deliver make available to each Certificateholder, the TrusteeCertificate Insurer, by telecopy, for distribution to the NoteholdersSeller, and the Owner Trustee for distribution Rating Agency, a statement based, as applicable, on loan-level information obtained from and the Servicer (the “Distribution Date Statement”) as 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 M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution 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 aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances;
(vi) the number Pool Balance and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due PeriodLoan Group Balance for such Distribution Date;;
(vii) the amount Loan Group Balance and related Net WAC and applicable Net WAC Cap for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period;
(viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments and the amounts One-Month MTA Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period;
(ix) the amount of interest received on the Loans[reserved];
(x) 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[reserved];
(xi) for each Loan Group, the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date;
(xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month;
(xiii) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period;
(xiv) the aggregate amount of any Principal Prepayments with respect to each Loan Group made during the related Prepayment Period;
(xv) the aggregate amount of 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 Period and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance Date;
(xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateCertificates or Principal-Only Components;
(xvi) the calculation Class Certificate Principal Balance or Class Certificate Notional Balance, as applicable, of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date;
(xvii) the Cumulative Realized LossesInterest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date;
(xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date;
(xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group;
(xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date;
(xxi) the Class Factor for 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 Class determined using the balances in subclause (xv) abovesuch Mortgage Loan;
(xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(e)(i);
(xxiii) [Reserved]current Recoveries allocable to each Loan Group;
(xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Datecumulative Recoveries allocable to each Loan Group;
(xxv) the amount of any Applied Realized Loss AmountBasis Risk Shortfall, Realized Loss Amount if any, and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Daterelated accrued interest thereon;
(xxvi) for each Loan Group, the Accelerated Principal Distribution Amount amount of Deferred Interest and Net Deferred Interest, if any, for such Remittance DateLoan Group;
(xxvii) Reservedpayments made under the Yield Maintenance Agreement, if any;
(xxviii) the amount of Net Deferred Interest, if any, added to be deposited into the FHA Premium Account on Class Certificate Principal Balance or Component Principal Balance of the related Remittance Date Certificates and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i)Principal-Only Components;
(xxix) the amount of FHA Payments and Related Payments received during the related Due PeriodCertificate Insurer Reimbursement Amount, if any;
(xxx) the Reserve Amount for Deficiency Amount, if any, to be paid by the related Remittance Date;Certificate Insurer; and
(xxxi) claims filed during the Due Period;
number of mortgage loans and the aggregate principal balance of the mortgage loans that have negatively amortized in each Loan Group. The Trustee will make the Distribution Date Statement (xxxiiand, at its option, any additional files containing the same information in an alternative format) claims paid during available each month to Certificateholders and the Due Period;
other parties to this Agreement via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Trustee customer service desk at (xxxiii▇▇▇) claims denied ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the 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 requirecustomer service desk and indicating such. The Trustee shall forward have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to rely upon the telecopyall parties regarding any such change. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to Certificate Insurer and each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime.
(bc) On each Remittance Distribution Date, the Trustee shall forward supply an electronic tape to the Owner TrusteeBloomberg Financial Markets, for distribution Inc. in a format acceptable to the Holder of the GP InterestBloomberg Financial Markets, Inc. on a copy of the report forwarded monthly basis, and shall supply an electronic tape to the Noteholder Loan Performance and Intex Solutions in respect of such Remittance Date a format acceptable to Loan Performance and Intex Solutions on 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 appropriatemonthly basis.
(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: Pooling Agreement (Mortgage Loan Pass-Through Certificates Series 2005-12)
Statements. Each month(a) On each Distribution Date, not later than 12:00 noon New York time based, as applicable, on information provided to it by the Determination DateServicer, the Certificate Administrator shall prepare and make available to each Holder of the Regular Certificates, the Servicer shall deliver and the Rating Agencies, a statement as to the 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 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 distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class AP Certificates) allocable to interest, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesseparately identified;
(iii) the Principal Distribution Amounts for Pool Balance at the Close of Business at the end of 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 NotesDue Period;
(iv) the Interest Shortfall Carryforward Amounts number, aggregate principal balance, and Realized Loss Amounts for weighted average Mortgage Rate of the Mortgage Loans as of the related Remittance Determination Date (by Class and in the aggregate)number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment Period;
(v) the Available Maximum Subordination Amount for the related Remittance Datenumber 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 (C) REO Properties;
(vi) the number and Principal Balances of all Loans which were the subject aggregate amount of Principal Prepayments made during the Due related Prepayment Period;
(vii) the aggregate amount of all Curtailments which were received Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses;
(viii) the aggregate amount Certificate Principal Balance of all Excess Payments the Class A-1 Certificates, the Mezzanine Certificates and the amounts of Monthly Payments in respect of principal received during Class O Certificates, after giving effect to the Due Perioddistributions made on such Distribution Date;
(ix) the amount of interest received on Unpaid Interest Shortfall Amount, if any, with respect to the LoansClass A-1 Certificates, the Mezzanine Certificates and the Class AIO Certificates for such Distribution Date;
(x) the aggregate amount of the Monthly Advances to be made on the Determination any Prepayment Interest Shortfalls for such Distribution Date, to the portion of extent not covered by payments by the Monthly Advances to be deposited in the Note Distribution Account Servicer pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date3.25;
(xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit LCredit Enhancement Percentage for such Distribution Date;
(xii) the Available Funds Cap Carryforward Amount for the Class A-1 Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount of any Realized Losses incurred during the related Due Periodremaining unpaid after reimbursements therefor on such Distribution Date;
(xiii) the Available Remittance Amounts respective REMIC Pass-Through Rates applicable to the Class A-1 Certificates, the Mezzanine Certificates and the Class AIO Certificates for such Distribution Date and the REMIC Pass-Through Rate applicable to the Class A-1 Certificates and the Mezzanine Certificates for the Remittance immediately succeeding Distribution 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 Supplemental Interest Payment for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Distribution Date;
(xvi) the calculation of the Trigger Event, including the various components thereof;
(xvii) the Cumulative Realized Losses, with respect to the Remittance Date;
(xviii) 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 and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f);
(xxi) the Class Factor for each Class determined using the balances in subclause (xv) above;
(xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, 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 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per 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.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Certificate Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Certificate Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Certificate Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime.
(bc) On each Remittance Distribution Date, the Trustee Certificate Administrator shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, Residual Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution 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 Certificate Administrator deems necessary or appropriate.
(cd) Within a reasonable period of time after the end of each calendar year, the Servicer Certificate Administrator shall furnish to the Trustee, with a copy to the Owner Trustee for distribution deliver to each Person who at any time during the calendar year was a Holder of the GP Interest 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 Holder of the GP InterestResidual Certificateholder. Such obligation of the Servicer Certificate Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Certificateholders by the Servicer Certificate Administrator pursuant to any requirements of the Code as from time to time in force.
(de) Upon reasonable advance notice in writingNo later than noon on the Business Day prior to each Distribution Date, the Servicer will provide 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 Class ACertificateholder 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, 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 Notesas required pursuant hereto.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Residential Asset Funding Corp)
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, based, as applicable, on information provided to it by the Servicer Master Servicer, the Trustee shall deliver prepare and make available to each Holder of the Regular Certificates, the Master Servicer, the Certificate Insurer and the Rating Agencies, a statement as to the 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 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 distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of the Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) 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 Notesreserved;
(iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Master Servicer with respect to the related Remittance Date Period (by Class separately identifying Servicing Fees and in other servicing compensation) and such other customary information as the aggregate)Trustee reasonably deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DatePeriod;
(vi) the number and Principal Balances Pool Balance at the Close of all Loans which were Business at the subject end of Principal Prepayments during the Due related Remittance Period;
(vii) the amount number, aggregate Stated Principal Balance, weighted average remaining term to maturity and weighted average Mortgage Rate of all Curtailments which were received during the Due PeriodMortgage Loans as of the related Determination Date;
(viii) the number and aggregate amount unpaid Stated Principal Balance of all Excess Payments 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 amounts Close of Monthly Payments in respect Business on the last day of principal received during the Due Periodcalendar month preceding such Distribution Date, and (b) the related Mortgaged Properties of which are REO Properties;
(ix) the amount total number and cumulative Stated Principal Balance of interest received on all REO Properties as of the LoansClose of Business of the last day of the preceding Prepayment Period;
(x) the aggregate amount of Principal Prepayments made during 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 Daterelated Prepayment Period;
(xi) the delinquency aggregate amount of Realized Losses incurred during the related Prepayment Period and foreclosure information set forth in the form attached hereto as Exhibit Lcumulative amount of Realized Losses;
(xii) the aggregate amount of any Realized Losses incurred Subsequent Recoveries received during the related Due Period;Prepayment Period and the cumulative amount of Subsequent Recoveries received since the Closing Date
(xiii) the Available Remittance Amounts for aggregate Certificate Principal Balance of each Class of Regular Certificates after giving effect to the Remittance Datedistributions, and allocations of Realized Losses, made on such Distribution Date separately identifying any reduction thereof due to allocations of Realized Losses (in the aggregate case of the Subordinated Certificates and by componentthe Class C Certificates);
(xiv) the Reimbursable Amounts and Certificate Factor for each Class of the GP Remittance Amount payable with respect Regular Certificates applicable to the Remittance such Distribution Date;
(xv) the Accrued Certificate Interest for the Class Principal Balance for each Class of Class AA Certificates, Class M and Class B Notes the Subordinated Certificates and the Pool Balance after giving effect Class C Certificates for such Distribution Date and Unpaid Interest Shortfall Amount, if any, with respect to the distribution to be made on Class A Certificates and the Remittance Date and after allocation of the Applied Realized Loss Amount made on Subordinated Certificates for such Remittance Distribution Date;
(xvi) the calculation aggregate amount of the Trigger Event, including the various components thereofany Net Prepayment Interest Shortfalls for such Distribution Date;
(xvii) the Cumulative Realized Losses, with respect to the Remittance aggregate amount of any Relief Act Interest Shortfalls for such Distribution Date;
(xviii) the amount, if any, by which Overcollateralized Amount and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Excess Overcollateralization Amount for such Remittance Distribution Date;
(xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium AccountCredit Enhancement Percentage for such Distribution Date;
(xx) the Net WAC Rate Carryover Amount for the Class A Certificates and the Subordinated Certificates, if any, for such Distribution Date and the amount of all remaining unpaid after payments and reimbursements to from the Servicer Excess Reserve Fund Account are made pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f4.01(e);
(xxi) when the Class Factor for each Class determined using the balances Stepdown Date has occurred and when a Trigger Event is in subclause (xv) aboveeffect;
(xxii) the weighted average Loan Interest Rate deposits to and withdrawals from the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Excess Reserve Fund Account on such Distribution Date, and the weighted average Loan Interest Rate for the prior three month period;
(xxiii) [Reserved]the Available Funds for such Distribution Date;
(xxiv) the Spread Amount respective Pass-Through Rates applicable to the Class A Certificates, the Subordinated Certificates and the Specified Subordinated Amount Class C Certificates for such Remittance Distribution Date and the respective Pass-Through Rates applicable to the Class A Certificates and the Subordinated Certificates for the immediately succeeding Distribution Date;
(xxv) the amount of any Applied Realized Loss Amount, Realized Loss aggregate Notional Amount and Unpaid Realized Loss Amount for each Class as of the close of Class C Certificates, in each case after giving effect the reductions thereof to occur on such Remittance Distribution Date;
(xxvi) the Accelerated Principal Distribution amount of the Reimbursement Amount for such Remittance Distribution Date and the amount received by the Certificate Insurer in respect thereof on such Distribution Date;
(xxvii) Reserved;reserved; and
(xxviii) the amount to be deposited into due under the FHA Premium Account on the related Remittance Date Corridor Agreement and the amount reimbursable to amounts received under the Servicer from the 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 requireCorridor Agreement. The Trustee will make such statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the Master Servicer, the Trustee, the Certificate Insurer and the Rating Agencies via the Trustee’s internet website. The Trustee’s internet website shall forward initially be located at https://www.tss.db.com/invr. Assistance in using the website can be obtained by calling the Trustee’s customer service desk at 1-800-735-7777. Parties that are unable to use the above distribution options ar▇ ▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇ ▇ ▇▇▇▇▇ copy mailed to them via first class mail by calling the customer service desk and indicating suc▇. ▇▇▇ ▇▇▇▇▇▇▇ 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 Noteholders above parties 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to rely upon the telecopyall above parties regarding any such changes. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per $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.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in force.
(b) time. On each Remittance Distribution Date, the Trustee shall forward make available to the Owner Trustee, for distribution to the Holder of the GP Interest, Class R Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution 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 Trustee deems necessary or appropriate.
(c) . Within a reasonable period of time after the end of each calendar year, the Servicer Trustee shall furnish to the Trustee, with a copy to the Owner Trustee for distribution deliver to each Person who at any time during the calendar year was a Holder of the GP Interest 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 Holder of the GP InterestClass R Certificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Certificateholders by the Servicer Trustee pursuant to any requirements of the Code as from time to time in force.
(d) Upon reasonable advance notice in writing. 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 Servicer will provide to each Class ATrustee as a prospective transferee of a Certificate, Class M and Class B Noteholder which is a savings and loan association, bank originals 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 copies of the Office of Thrift Supervision following items: (i) the private placement memorandum or other regulatory authorities with respect disclosure document relating to investment 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 Apursuant 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 M 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 Class B Notes(D) any and all Officers’ Certificates delivered to the Trustee by the Master Servicer since the Closing Date to evidence the Master 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 1 contract
Sources: Pooling and Servicing Agreement (Indymac Residential Mortgage-Backed Trust, Series 2005-L3)
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopyeach Certificateholder, for distribution the Seller, the Master Servicer and each Rating Agency, a statement based, as applicable, on loan-level information obtained from the Master Servicer and each Servicer (the “Distribution Date Statement”) as to the Noteholders, and the Owner Trustee 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 M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution 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 aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances;
(vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due Period[reserved];
(vii) the amount Loan Group Balance, the Non-PO Loan Group Balance and related Net WAC for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period;
(viii) the aggregate amount of all Excess Payments and the amounts of Monthly Payments in respect of principal received during the Due Period[reserved];
(ix) the amount of interest received on the Loans[reserved];
(x) 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[reserved];
(xi) for each Loan Group, the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date;
(xii) the number and aggregate unpaid principal balance of Mortgage Loans 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 any Principal Prepayments with respect to each Loan Group made during the related Prepayment Period;
(xv) the aggregate amount of Realized Losses incurred during the related Due Period;
(xiii) the Available Remittance Amounts Period for the Remittance Date, in the aggregate and by component;
(xiv) the Reimbursable Amounts each Loan Group and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance Date;
(xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateCertificates;
(xvi) the calculation Class Certificate Principal Balance or Class Certificate Notional Balance, as applicable, of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date;
(xvii) the Cumulative Realized LossesMonthly Interest Distributable Amount and the Interest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date;
(xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date;
(xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group;
(xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date;
(xxi) the Class Factor for 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 Class determined using the balances in subclause (xv) abovesuch Mortgage Loan;
(xxii) the weighted average current and cumulative PO Recoveries allocable to Loan Interest Rate Group 1 and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodGroup 2;
(xxiii) [Reserved];
current and cumulative Recoveries allocable to each Loan Group. The Securities Administrator will make the Distribution Date Statement (xxivand, at its option, any additional files containing the same information in an alternative format) the Spread Amount available each month to Certificateholders and the Specified Subordinated Amount for other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such Remittance Date;
(xxv) reports are distributed in order to make such distribution more convenient and/or more accessible to the amount of any Applied Realized Loss Amountparties, 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 Securities Administrator shall provide timely and adequate notification to the Servicer from the 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 all parties regarding any 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), i) through (xiii), (xixiii) and (xxxv), xxi) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force 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 appropriatetime.
(c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a 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 forcemonthly basis.
(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: Pooling and Servicing Agreement (Greenwich Capital Acceptance Inc)
Statements. Each month, not later than 12:00 noon New York time on the Determination Date(a) Concurrently with each distribution to Securityholders, the Servicer Trust Administrator shall deliver make available to each Securityholder, the TrusteeSeller, by telecopythe Cap Provider, for distribution to the Noteholders, and the Owner Trustee for distribution and the Rating Agency, a statement based on loan-level information provided to the CertificateholdersMaster Servicer by the Servicer (the “Payment Date Statement”) as to the distributions to be made or made, as applicable, on such Payment Date. Information in the receipt and legibility of which Payment Date Statement relating to or based on amounts available in the Cap Account shall be confirmed telephonically, with hard copy thereof and based on information provided by the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) Cap Provider regarding distributions to be delivered on made for the Business Day following related Payment Date pursuant to the Determination Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Cap Agreement, and . The Payment Date Statement will include the following:
(i) the Available Remittance Amounts for aggregate amount of the related Remittance Datepayment to be made on such Payment Date to the Holders of each Class of Notes, to the extent applicable, allocable to principal;
(ii) the Class Principal Balances for aggregate amount of the payment to be made on such Payment Date to the Holders of each Class of Class A, Class M Notes allocable to interest and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notescalculation thereof;
(iii) the Principal Distribution Amounts for amount, if any, of any distribution to the related Remittance Date, in Holders of the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B NotesTrust Certificate;
(ivA) the Interest Shortfall Carryforward Amounts aggregate amount of any Monthly Advances required to be made by or on behalf of the Servicer (or the Master Servicer) with respect to such Payment Date, (B) the aggregate amount of such Monthly Advances actually made, and Realized Loss Amounts for (C) the related Remittance Date amount, if any, by which (by Class and in the aggregate)A) above exceeds (B) above;
(v) the Available Maximum Subordination Amount for 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 case at the close of business at the end of the related Remittance DateDue Period;
(vi) the number and Class Principal Balances Amount of all Loans which were each Class of Notes, to the subject extent applicable, as of Principal Prepayments during the Due Periodsuch Payment Date after giving effect to payments allocated to principal reported under clause (i) above;
(vii) the amount of all Curtailments which were received during any Realized Losses incurred with respect to the Due PeriodMortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(viii) the aggregate amount of all Excess Payments the Master Servicing Fees and the amounts of Monthly Payments in respect of principal received Servicing Fees paid during the Due PeriodPeriod to which such distribution relates;
(ix) the amount number and aggregate Scheduled Principal Balance of interest received 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 Loanslast Business Day of the calendar month immediately preceding, (e) in bankruptcy and (f) that are REO Properties;
(x) the amount aggregate Scheduled Principal Balance of any Mortgage Loans with respect to which the related Mortgaged Property became a REO Property as of the Monthly Advances to be made close of business on the Determination Date, the portion last Business Day of the Monthly Advances to be deposited calendar month immediately preceding the month in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Datewhich such Payment Date occurs;
(xi) the delinquency and foreclosure information set forth with respect to substitution of Mortgage Loans in the form attached hereto as Exhibit Lpreceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualified Substitute Mortgage Loan;
(xii) the amount of any Realized Losses incurred during the related Due PeriodBasis Risk Shortfall and Unpaid Basis Risk Shortfall, if any, with respect to each Class of Notes, after giving effect to payments made on such Payment Date;
(xiii) the Available Remittance Amounts for the Remittance Date, in the aggregate and by componentNote Interest Rate applicable to such Payment Date with respect to each Class of Notes;
(xiv) the Reimbursable Amounts Interest Remittance Amount and the GP Principal Remittance Amount payable with respect applicable to the Remittance such Payment Date;
(xv) the Class Overcollateralization Amount, the Overcollateralization Deficiency, if any, the Principal Balance for each Class of Class A, Class M and Class B Notes Distribution Amount and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Extra Principal Distribution Amount made on for such Remittance Payment Date;
(xvi) with respect to the calculation of Class M-1 and Class M-2 Certificates, the Trigger EventDeferred Interest and Principal Deficiency Amount, including the various components thereofif any, for each such Class;
(xvii) the Cumulative Realized Losses, with respect to level of LIBOR for the Remittance Accrual Period for the current Payment Date and the level of LIBOR for the Accrual Period for the next Payment Date;; and
(xviii) any Cap Payments made for such period, the amountnotional balance on the Cap Agreement and the Excess Cap Amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Payment 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 and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f);
(xxi) the Class Factor for each Class determined using the balances in subclause (xv) above;
(xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, 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 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (iii), (viiiii) and (xiiivi) above, the amounts shall also be expressed in a separate section of the report as a dollar amount for each Note per $1,000 of original dollar principal amount as of Notes. The Trust Administrator will make the CutPayment Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Securityholders and the other parties to this Agreement via the Trust Administrator’s internet website. The Trust Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Trust Administrator’s customer service desk at (▇▇▇) ▇▇▇-Off Date▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The 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, and the Trust Administrator shall provide timely and adequate notification to all parties regarding any such change.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trust Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ASecurityholder, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing aggregate payment information necessary to enable Holders of the information set forth in subclauses (ix), (xiii), (xix) and (xxxv), above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderSecurities to prepare their tax returns. Such obligation of the Servicer Trust Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trust Administrator to Securityholders pursuant to any requirements of the Code as are in force 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 appropriatetime.
(c) Within a reasonable period of time after the end of On each calendar yearPayment Date, the Servicer Trust Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a 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 forcemonthly basis.
(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 (New York Mortgage Trust 2005-2)
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Trustee shall deliver make available to each Certificateholder, the Trustee, by telecopy, for distribution to the NoteholdersSeller, and the Owner Trustee for distribution Rating Agency, a statement based, as applicable, on loan-level information obtained from and the Servicer (the “Distribution Date Statement”) as 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 M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution 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 aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances;
(vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due Period[reserved];
(vii) the amount Loan Group Balance and related Net WAC and applicable Net WAC Cap for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period;
(viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments and the amounts One-Month MTA Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period;
(ix) the amount of interest received on the LoansReserved;
(x) 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 DateReserved;
(xi) for each Loan Group, the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date;
(xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month;
(xiii) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period;
(xiv) the aggregate amount of any Principal Prepayments with respect to each Loan Group made during the related Prepayment Period;
(xv) the aggregate amount of 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 Period and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance Date;
(xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateCertificates or Principal-Only Components;
(xvi) the calculation Class Certificate Principal Balance or Class Certificate Notional Balance, as applicable, of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date;
(xvii) the Cumulative Realized LossesInterest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date;
(xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date;
(xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group;
(xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date;
(xxi) the Class Factor for 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 Class determined using the balances in subclause (xv) abovesuch Mortgage Loan;
(xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(e)(i);
(xxiii) [Reserved]current Recoveries allocable to each Loan Group;
(xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Datecumulative Recoveries allocable to each Loan Group;
(xxv) the amount of any Applied Realized Loss AmountBasis Risk Shortfall, Realized Loss Amount if any, and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Daterelated accrued interest thereon;
(xxvi) for each Loan Group, the Accelerated Principal Distribution Amount amount of Deferred Interest and Net Deferred Interest, if any, for such Remittance DateLoan Group;
(xxvii) Reserved;payments made under the Yield Maintenance Agreement, if any; and
(xxviii) the amount of Net Deferred Interest, if any, added to be deposited into the FHA Premium Account on Class Certificate Principal Balance or Component Principal Balance of the related Remittance Certificates and Principal-Only Components. 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 the amount reimbursable other parties to this Agreement via the Servicer from Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇.▇▇▇.” Assistance in using the FHA Premium Account pursuant website can be obtained by calling the Trustee customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to Section 7.03(b)(i);
(xxix) use the amount of FHA Payments above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk 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 requireindicating such. The Trustee shall forward have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to rely upon the telecopyall parties regarding any such change. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime.
(bc) On each Remittance Distribution Date, the Trustee shall forward supply an electronic tape to the Owner TrusteeBloomberg Financial Markets, for distribution Inc. in a format acceptable to the Holder of the GP InterestBloomberg Financial Markets, Inc. on a copy of the report forwarded monthly basis, and shall supply an electronic tape to the Noteholder Loan Performance and Intex Solutions in respect of such Remittance Date a format acceptable to Loan Performance and Intex Solutions on 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 appropriatemonthly basis.
(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: Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2005-3)
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopyeach Certificateholder, for distribution the Seller, the Master Servicer and the Rating Agency, a statement based, as applicable, on loan-level information obtained from the Master Servicer and the Servicers (the “Distribution Date Statement”) as to the Noteholders, and the Owner Trustee 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 M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution 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 aggregate amount of servicing compensation received by each Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances;
(vi) the number Special Hazard Loss Coverage Amount, the Fraud Loss Coverage Amount and Principal Balances the Bankruptcy Loss Coverage Amount, each as of all Loans which were the subject of Principal Prepayments during the Due Periodrelated Determination Date;
(vii) the amount Loan Group Balance and related Net WAC for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period;
(viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments and the amounts One-Year CMT Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period;
(ix) for each Loan Group, the amount aggregate Principal Balance of interest received on the LoansOne-Month LIBOR Indexed, Six-Month LIBOR Indexed and One-Year LIBOR Indexed Mortgage Loans at the Close of Business at the end of the related Due Period;
(x) 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[reserved];
(xi) for each Loan Group, the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date;
(xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month;
(xiii) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period;
(xiv) the aggregate amount of any Principal Prepayments and Prepayment Penalty Amounts with respect to each Loan Group made during the related Prepayment Period;
(xv) the aggregate amount of 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 Period and the GP Remittance Amount payable with respect to the Remittance Date;
(xv) the Class Principal Balance for each Class cumulative amount of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateLosses;
(xvi) the calculation Class Certificate Principal Balance of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date;
(xvii) the Cumulative Realized LossesInterest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date;
(xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date;
(xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group;
(xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date;
(xxi) the Class Factor for aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, and indicating the relevant section of the related Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each Class determined using the balances in subclause (xv) abovesuch Mortgage Loan;
(xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(f)(i);
(xxiii) [Reserved];current Recoveries allocable to each Loan Group; and
(xxiv) cumulative Recoveries allocable to each Loan Group. The Securities Administrator will make the Spread Amount 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 Specified Subordinated Amount for other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such Remittance Date;
(xxv) reports are distributed in order to make such distribution more convenient and/or more accessible to the amount of any Applied Realized Loss Amountparties, 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 Securities Administrator shall provide timely and adequate notification to the Servicer from the 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 all parties regarding any 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), i) through (xiii), (xixiii) and (xxxv), xxi) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force 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 appropriatetime.
(c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a 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 forcemonthly basis.
(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: Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2004-5)
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) Two Business Days prior to each Distribution Date, the Servicer Securities Administrator shall deliver make available to the TrusteeSecurities Administrator, by telecopy, for and concurrently with each distribution to the Noteholders, and the Owner Trustee for distribution to the Certificateholders, the receipt Certificate Insurer, the Credit Risk Manager, the Securities Administrator shall make available to each Certificateholder, the Seller, the Master Servicer, the Trustee and legibility of which shall be confirmed telephonicallythe Rating Agencies, with hard copy thereof a statement based, as applicable, on loan-level information provided to it by the Master Servicer and the Servicer's Monthly Computer Tape in , no later than the form attached hereto third Business Day prior to the related Distribution Date, (the “Distribution Date Statement”) as Exhibit M (both in hard copy and in computer tape form) to the distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and . The Distribution Date Statement shall include the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) 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[Reserved];
(iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Securities Administrator deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the Available Maximum Subordination Amount amount of Advances for each Loan Group for the related Remittance DateDue Period and the amount of unreimbursed Advances;
(vi) the number and Principal Balances Loan Group Balance for each Loan Group, the related Net WAC Cap for each Loan Group at the Close of all Loans which were Business at the subject end of Principal Prepayments during the related Due Period;
(vii) the amount of all Curtailments which were received during the Due Period[Reserved];
(viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments and the amounts MTA Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period;
(ix) for each Loan Group, the amount of interest received on fees, expenses or indemnification amounts paid by the LoansTrust Fund with an identification of the general purpose of such amounts and the party receiving such amounts;
(x) for each Loan Group, the amount number, weighted average remaining term to maturity, weighted average life and weighted average Loan Rate of the Monthly Advances to be made on the Determination Date, the portion related Mortgage Loans as 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 related Due Date;
(xi) for each Loan Group, the delinquency number and aggregate unpaid principal balance of the related Mortgage Loans, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure information set forth proceedings have been commenced and (e) in bankruptcy, in each case as of the form attached hereto as Exhibit Lclose of business on the last day of the preceding calendar month;
(xii) for each Loan Group, 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;
(xiii) for each Loan Group, the aggregate amount of any Principal Prepayments with respect to each Loan Group made during the related Prepayment Period;
(xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the related Due Period;
(xiii) the Available Remittance Amounts Period for the Remittance Date, in the aggregate and by component;
(xiv) the Reimbursable Amounts each Loan Group and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance Dateeach Class of Certificates;
(xv) the Class Principal Balance for of each Class of Class A, Class M and Class B Notes Certificates and the Pool Balance Apportioned Principal Balances of the Subordinate Certificates after giving effect to the distribution to be any distributions made on the Remittance Date and after allocation of the Applied Realized Loss Amount made thereon, on such Remittance Distribution Date;
(xvi) for each Loan Group, the calculation Monthly Interest Distributable Amount and the Interest Distributable Amount in respect of each related Class of Certificates, for such Distribution Date and the Trigger Eventrespective portions thereof, including if any, remaining unpaid following the various components thereofdistributions made in respect of such Certificates on such Distribution Date;
(xvii) for each Loan Group, the Cumulative Realized Losses, with respect to aggregate amount of any Net Interest Shortfalls and the Remittance Unpaid Interest Shortfall Amount for such Distribution Date;
(xviii) for each Loan Group, the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Daterelated Available Funds;
(xix) the Servicing Feesfor each Loan Group, the Contingency Fees Pass-Through Rate and amounts to be deposited to the Expense Account and the FHA Premium AccountAdjusted Cap Rate for each Class of Certificates for such Distribution Date;
(xx) for each Loan Group, the amount aggregate Principal Balance of all payments Mortgage Loans purchased hereunder by the Seller during the related Due Period, and reimbursements to indicating the Servicer pursuant to relevant section of the Mortgage Loan Purchase Agreement, or the Section 4.04(b)of this Agreement, (c)as applicable, (d)(ii), (e) and (f)requiring or allowing the purchase of each such Mortgage Loan;
(xxi) the Class Factor for each Class determined using the balances in subclause (xv) above[reserved];
(xxii) the weighted average for each Loan Interest Rate and the weighted average Class Adjusted Loan Remittance RatesGroup, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodcurrent Recoveries allocable thereto;
(xxiii) [Reserved]for each Loan Group, cumulative Recoveries allocable thereto;
(xxiv) for each Loan Group, the Spread Amount amount of any Basis Risk Shortfall, if any, and the Specified Subordinated Amount for such Remittance Daterelated accrued interest thereon;
(xxv) for each Loan Group, the amount of any Applied Realized Loss AmountDeferred Interest and Net Deferred Interest, Realized Loss Amount and Unpaid Realized Loss Amount if any, for each Class as of the close of such Remittance DateLoan Group;
(xxvi) the Accelerated Principal Distribution Amount for such Remittance Dateamount of the Certificate Insurer Reimbursement Amount, if any;
(xxvii) Reservedthe Deficiency Amount, if any, to be paid by the Certificate Insurer;
(xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable of Net Deferred Interest, if any, added to the Servicer from Class Principal Balance of the FHA Premium Account pursuant to Section 7.03(b)(i)Certificates;
(xxix) the amount of FHA Payments and Related Payments received during the related Due PeriodOvercollateralization Amount for that Distribution Date;
(xxx) the Reserve Overcollateralization Target Amount for the related Remittance that Distribution Date;
(xxxi) claims filed during for each Loan Group, the Due Periodaggregate minimum amount of payments required to be made in respect of interest and principal on the Mortgage Loans;
(xxxii) claims paid during the Due Period;number of Mortgage Loans and the aggregate Stated Principal Balance of Mortgage Loans that have negative amortization; and
(xxxiii) claims denied by The amount of any Class P Distributable Amount and 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 requireClass ES Distributable Amount. The Trustee Securities Administrator shall forward 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 the other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, 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 Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date. In addition to the information listed above, such Distribution Date Statement shall also include the information required by Item 1121 (§ 229.1121) of Regulation AB.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder and such other customary information which a Certificateholder reasonably requests to prepare its tax returns. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force 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 appropriatetime.
(c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a 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 forcemonthly basis.
(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: Pooling and Servicing Agreement (Dsla Mortgage Loan Trust 2006-Ar1)
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Trustee shall deliver make available to each Certificateholder, the TrusteeCertificate Insurer, by telecopy, for distribution to the NoteholdersSeller, and the Owner Trustee for distribution Rating Agency, a statement based, as applicable, on loan-level information obtained from and the Servicer (the “Distribution Date Statement”) as 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 M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution 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 aggregate amount of servicing compensation received by the Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances;
(vi) the number Pool Collateral Balance and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due PeriodLoan Group Collateral Balance for such Distribution Date;;
(vii) the amount Loan Group Balance and related Net WAC and applicable Net WAC Cap for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period;
(viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments and the amounts One-Month MTA Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period;
(ix) the amount on deposit in the Prefunding Account in the aggregate and for each Loan Group (including a breakdown of interest received amounts released during the prior calendar month in respect of Aggregate Subsequent Transfer Amounts or amounts included in Available Funds on the LoansDistribution Date in the month following the end of the Prefunding Period);
(x) 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[reserved];
(xi) for each Loan Group, the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date;
(xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and for each Loan Group, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month;
(xiii) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period;
(xiv) the aggregate amount of any Principal Prepayments with respect to each Loan Group made during the related Prepayment Period;
(xv) the aggregate amount of 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 Period and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance Date;
(xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateCertificates or Principal-Only Components;
(xvi) the calculation Class Certificate Principal Balance or Class Certificate Notional Balance, as applicable, of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date;
(xvii) the Cumulative Realized LossesInterest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date;
(xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date;
(xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group;
(xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date;
(xxi) the Class Factor for 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 Class determined using the balances in subclause (xv) abovesuch Mortgage Loan;
(xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(e)(i);
(xxiii) [Reserved]current Recoveries allocable to each Loan Group;
(xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Datecumulative Recoveries allocable to each Loan Group;
(xxv) the amount of any Applied Realized Loss AmountBasis Risk Shortfall, Realized Loss Amount if any, and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Daterelated accrued interest thereon;
(xxvi) for each Loan Group, the Accelerated Principal Distribution Amount amount of Deferred Interest and Net Deferred Interest, if any, for such Remittance DateLoan Group;
(xxvii) Reservedpayments made under the Yield Maintenance Agreements, if any;
(xxviii) the amount of Net Deferred Interest, if any, added to be deposited into the FHA Premium Account on Class Certificate Principal Balance or Component Principal Balance of the related Remittance Date Certificates and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i)Principal-Only Components;
(xxix) the amount of FHA Payments and Related Payments received during the related Due PeriodCertificate Insurer Reimbursement Amount, if any;
(xxx) the Reserve Amount for Deficiency Amount, if any, to be paid by the related Remittance Date;Certificate Insurer; and
(xxxi) claims filed during the Due Period;
number of mortgage loans and the aggregate principal balance of the mortgage loans that have negatively amortized in each Loan Group. The Trustee will make the Distribution Date Statement (xxxiiand, at its option, any additional files containing the same information in an alternative format) claims paid during available each month to Certificateholders and the Due Period;
other parties to this Agreement via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇▇▇://▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Trustee customer service desk at (xxxiii▇▇▇) claims denied ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the 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 requirecustomer service desk and indicating such. The Trustee shall forward have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to rely upon the telecopyall parties regarding any such change. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to Certificate Insurer and each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime.
(bc) On each Remittance Distribution Date, the Trustee shall forward supply an electronic tape to the Owner TrusteeBloomberg Financial Markets, for distribution Inc. in a format acceptable to the Holder of the GP InterestBloomberg Financial Markets, Inc. on a copy of the report forwarded monthly basis, and shall supply an electronic tape to the Noteholder Loan Performance and Intex Solutions in respect of such Remittance Date a format acceptable to Loan Performance and Intex Solutions on 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 appropriatemonthly basis.
(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: Pooling Agreement (HarborView Mortgage Loan Trust 2005-10)
Statements. Each month, not later than 12:00 noon New York time on the Determination Date(a) Concurrently with each distribution to Securityholders, the Servicer Trust Administrator shall deliver make available to each Securityholder, the TrusteeSeller, by telecopythe Cap Provider, for distribution to the Noteholders, and the Owner Trustee for distribution and the Rating Agency, a statement based on loan-level information provided to the CertificateholdersMaster Servicer by the Servicers (the “Payment Date Statement”) as to the distributions to be made or made, as applicable, on such Payment Date. Information in the receipt and legibility of which Payment Date Statement relating to or based on amounts available in the Cap Account shall be confirmed telephonically, with hard copy thereof and based on information provided by the Servicer's Monthly Computer Tape in the form attached hereto as Exhibit M (both in hard copy and in computer tape form) Cap Provider regarding distributions to be delivered on made for the Business Day following related Payment Date pursuant to the Determination Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Cap Agreement, and . The Payment Date Statement will include the following:
(i) the Available Remittance Amounts for aggregate amount of the related Remittance Datepayment to be made on such Payment Date to the Holders of each Class of Notes, to the extent applicable, allocable to principal;
(ii) the Class Principal Balances for aggregate amount of the payment to be made on such Payment Date to the Holders of each Class of Class A, Class M Notes allocable to interest and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notescalculation thereof;
(iii) the Principal Distribution Amounts for amount, if any, of any distribution to the related Remittance Date, in Holders of the aggregate and listed separately for the portions relating to each Class of Class A, Class M and Class B NotesTrust Certificate;
(ivA) the Interest Shortfall Carryforward Amounts 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 Realized Loss Amounts for (C) the related Remittance Date amount, if any, by which (by Class and in the aggregate)A) above exceeds (B) above;
(v) the Available Maximum Subordination Amount for 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 case at the close of business at the end of the related Remittance DateDue Period;
(vi) the number and Class Principal Balances Amount of all Loans which were each Class of Notes, to the subject extent applicable, as of Principal Prepayments during the Due Periodsuch Payment Date after giving effect to payments allocated to principal reported under clause (i) above;
(vii) the amount of all Curtailments which were received during any Realized Losses incurred with respect to the Due PeriodMortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(viii) the aggregate amount of all Excess Payments the Master Servicing Fees, Servicing Fees and the amounts of Monthly Payments in respect of principal received Wachovia Additional Servicing Fees, if any, paid during the Due PeriodPeriod to which such distribution relates;
(ix) the amount number and aggregate Scheduled Principal Balance of interest received 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 Loanslast Business Day of the calendar month immediately preceding, (e) in bankruptcy and (f) that are REO Properties;
(x) the amount aggregate Scheduled Principal Balance of any Mortgage Loans with respect to which the related Mortgaged Property became a REO Property as of the Monthly Advances to be made close of business on the Determination Date, the portion last Business Day of the Monthly Advances to be deposited calendar month immediately preceding the month in the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Datewhich such Payment Date occurs;
(xi) the delinquency and foreclosure information set forth with respect to substitution of Mortgage Loans in the form attached hereto as Exhibit Lpreceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualified Substitute Mortgage Loan;
(xii) the amount of any Realized Losses incurred during the related Due PeriodBasis Risk Shortfall and Unpaid Basis Risk Shortfall, if any, with respect to each Class of Notes, after giving effect to payments made on such Payment Date;
(xiii) the Available Remittance Amounts for the Remittance Date, in the aggregate and by componentNote Interest Rate applicable to such Payment Date with respect to each Class of Notes;
(xiv) the Reimbursable Amounts Interest Remittance Amount and the GP Principal Remittance Amount payable with respect applicable to the Remittance such Payment Date;
(xv) the Class Overcollateralization Amount, the Overcollateralization Deficiency, if any, the Principal Balance for each Class of Class A, Class M and Class B Notes Distribution Amount and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Extra Principal Distribution Amount made on for such Remittance Payment Date;
(xvi) with respect to the calculation of Class M-1 and Class M-2 Certificates, the Trigger EventDeferred Interest and Principal Deficiency Amount, including the various components thereofif any, for each such Class;
(xvii) the Cumulative Realized Losses, with respect to level of LIBOR for the Remittance Accrual Period for the current Payment Date and the level of LIBOR for the Accrual Period for the next Payment Date;; and
(xviii) any Cap Payments made for such period, the amountnotional balance on the Cap Agreement and the Excess Cap Amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Payment 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 and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f);
(xxi) the Class Factor for each Class determined using the balances in subclause (xv) above;
(xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, 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 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (iii), (viiiii) and (xiiivi) above, the amounts shall also be expressed in a separate section of the report as a dollar amount for each Note per $1,000 of original dollar principal amount as of Notes. The Trust Administrator will make the CutPayment Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Securityholders and the other parties to this Agreement via the Trust Administrator’s internet website. The Trust Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Trust Administrator’s customer service desk at (▇▇▇) ▇▇▇-Off Date▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The 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, and the Trust Administrator shall provide timely and adequate notification to all parties regarding any such change.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trust Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ASecurityholder, Class M and Class B Noteholder if requested in writing by such Person, such information as is reasonably necessary to provide to such Person a statement containing aggregate payment information necessary to enable Holders of the information set forth in subclauses (ix), (xiii), (xix) and (xxxv), above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderSecurities to prepare their tax returns. Such obligation of the Servicer Trust Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trust Administrator to Securityholders pursuant to any requirements of the Code as are in force 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 appropriatetime.
(c) Within a reasonable period of time after the end of On each calendar yearPayment Date, the Servicer Trust Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a 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 forcemonthly basis.
(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 (Greenwich Capital Acceptance, Inc New York Mortgage Trust 2005-1)
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopyeach Certificateholder, for distribution each Seller, the Master Servicer and the Rating Agencies, a statement based, as applicable, on loan-level information obtained from the Servicer pursuant to the Noteholders, and provision by the Owner Trustee for distribution Servicer of its Remittance Report (the “Distribution Date Statement”) as 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 M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution 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 aggregate amount of servicing compensation received by the Servicer during the related Remittance Date Due Period (by Class without taking into account any reduction thereof in respect of Compensating Interest) and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances;
(vi) the number Special Hazard Loss Coverage Amount, the Fraud Loss Coverage Amount and Principal Balances the Bankruptcy Loss Coverage Amount, each as of all Loans which were the subject of Principal Prepayments during the Due Periodrelated Determination Date;
(vii) the amount Loan Group Balance and related Net WAC for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period;
(viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments and the amounts One-Year CMT Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period;
(ix) for each Loan Group, the amount aggregate Principal Balance of interest received on the LoansOne-Year LIBOR Indexed Mortgage Loans at the Close of Business at the end of the related Due Period;
(x) for each Loan Group, the amount aggregate Principal Balance of the Monthly Advances to be made on Six-Month LIBOR Indexed Mortgage Loans at the Determination Date, Close of Business at the portion end 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 Daterelated Due Period;
(xi) for each Loan Group the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date;
(xii) the number and aggregate unpaid principal balance of Mortgage Loans in the aggregate and for each Loan Group (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy, in each case as of the close of business on the last day of the preceding calendar month;
(xiii) the book value of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and cumulative principal balance of all REO Properties in each Loan Group as of the Close of Business of the last day of the preceding Due Period;
(xiv) the aggregate amount of any Principal Prepayments and the Net Realized Losses for each Class of Certificates on such Distribution Date, with respect to each Loan Group made during the related Prepayment Period;
(xv) the aggregate amount of 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 Period and the GP Remittance Amount payable with respect to the Remittance Date;
(xv) the Class Principal Balance for each Class cumulative amount of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateLosses;
(xvi) the calculation Class Certificate Principal Balance of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date;
(xvii) the Cumulative Realized LossesInterest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date;
(xviii) the amountaggregate amount of any Net Interest Shortfalls, if anythe Unpaid Interest Shortfall Amount, by which and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount Interest Shortfall for such Remittance Distribution Date;
(xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group;
(xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date;
(xxi) the Class Factor for aggregate Principal Balance of Mortgage Loans purchased hereunder by each Class determined using Seller during the balances in subclause (xv) aboverelated Due Period, and indicating the relevant Section of this Agreement, as applicable, requiring or allowing the purchase of each such Mortgage Loan;
(xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(f)(i);
(xxiii) [Reserved];current Recoveries allocable to each Loan Group; and
(xxiv) cumulative Recoveries allocable to each Loan Group. The Securities Administrator will make the Spread Amount 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 Specified Subordinated Amount for other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such Remittance Date;
(xxv) reports are distributed in order to make such distribution more convenient and/or more accessible to the amount of any Applied Realized Loss Amountparties, 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 Securities Administrator shall provide timely and adequate notification to all parties regarding any such change. The Securities Administrator’s obligations pursuant to this Section 5.04 are limited to the Servicer extent of its receipt of all necessary information from the 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 requireServicer. The Trustee shall forward such report to the Noteholders and the Owner Trustee on the Remittance Date, together Securities Administrator may fully rely upon and shall have no liability with a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant respect to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared information provided by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force 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 appropriatetime.
(c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a 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 forcemonthly basis.
(d) Upon reasonable advance notice in writingOn or before January 31st of each year, the Servicer will provide to each Class AServicer, 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 on behalf of the Office of Thrift Supervision or other regulatory authorities Trust, shall provide the Securities Administrator with written notice listing all Distribution Date statements with respect to investment Distribution Dates occurring in the Class Aprior calendar year that were included in a Form 8-K filing pursuant to Section 3.28, Class M and Class B Notesprovided however, that if no Form 10-K is required to be filed for such prior calendar year, no written notice shall be required. No later than March 15th of each year in which such written notice is provided by the Servicer to the Securities Administrator, the Securities Administrator shall sign a certification (in the form attached hereto as Exhibit P), for the benefit of the Person(s) signing the Form 10-K Certification, regarding certain aspects of the Form 10-K Certification.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Greenwich Capital Acceptance Inc)
Statements. Each month(a) On each Distribution Date, not later than 12:00 noon New York time based, as applicable, on the Determination DateMortgage Loan information contained in the Remittance Report, the Servicer Trustee shall deliver prepare and post on its website at ▇▇▇▇▇▇▇▇.▇▇▇, a statement as to the 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 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 distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution 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 Class Principal Balances for each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case amount of the first Determination 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, the Original Principal Balance for each Class of Class A, Class M and Class B Notes;
(iii) if the Principal Distribution Amounts for distribution to the related Remittance Date, in the aggregate and listed separately for the portions relating to each holders of such Class of Class ACertificates is less than the full amount that would be distributable to such holders if there were sufficient funds available therefor, Class M the amount of the shortfall and Class B Notesthe allocation of the shortfall as between principal and interest;
(iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for Certificate Principal Balance of each Class of Certificates after giving effect to the related Remittance Date (by Class and in the aggregate)distribution of principal on such Distribution Date;
(v) the Available Maximum Subordination Amount aggregate stated Principal Balance of the Mortgage Loans for the related Remittance following Distribution Date;
(vi) the number amount of the expenses and Principal Balances 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 all Loans which were the subject of Principal Prepayments during the Due Periodsuch fees;
(vii) the amount Pass-Through Rate for each such Class of all Curtailments which were received during the Due PeriodCertificates with respect to such Distribution Date;
(viii) the amount of Advances included in the distribution on such Distribution Date and the aggregate amount of all Excess Payments Advances reported by the Servicer (and the amounts Trustee as successor Servicer and any other successor Servicer, if applicable) as outstanding as of Monthly Payments in respect the close of principal received during business on the Due PeriodDetermination Date immediately preceding such distribution date;
(ix) the amount number and aggregate outstanding Principal Balances of interest received 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 Loanslast 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 amount total number and principal balance of any REO properties (and market value, if available) as of the Monthly Advances to be made close of business on the Determination Date preceding such Distribution 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 Dateaggregate;
(xi) whether a Trigger Event has occurred and is continuing (including the delinquency calculation demonstrating the existence of the Trigger Event and foreclosure information set forth in the form attached hereto as Exhibit Laggregate 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 any Applied Realized Losses Loss Amounts incurred during the related Due Periodpreceding 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 Available Remittance Amounts for amount of any net monthly excess cashflow on such Distribution Date and the Remittance Date, in allocation of it to the aggregate and by componentcertificateholders with respect to unpaid interest amounts;
(xiv) the Reimbursable Amounts Overcollateralization Amount and the GP Remittance Amount payable with respect to the Remittance DateTargeted Overcollateralization Amount;
(xv) prepayment premiums or charges collected by the Class Principal Balance for each Class of Class AServicer, Class M and Class B Notes and in the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Dateaggregate;
(xvi) the calculation amount of any Net Swap Payments or Swap Termination Payments paid or received by the Trigger Event, including Supplemental Interest Trust pursuant to the various components thereofSwap Agreement and the amount of any Defaulted Swap Termination Payments paid by the Supplemental Interest Trust;
(xvii) the Cumulative Realized Losses, with respect percentage equal to the Remittance aggregate Realized Losses divided by the aggregate stated Principal Balance of the Mortgage Loans as of the Cut-off Date;
(xviii) the amountamount distributed on the Class CE-1, if anyClass CE-2, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance DateP, Class R and Class R-X Certificates;
(xix) the Servicing Fees, the Contingency Fees and amounts to be deposited to the Expense Account and the FHA Premium Accountamount of any Subsequent Recoveries for such Distribution Date;
(xx) the amount of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Record Date for such Distribution Date;
(xxi) the Class Factor for each Class determined using the balances in subclause (xv) aboveupdated 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 weighted average Loan Interest Rate and Trustee or the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period;Servicer has actual knowledge or has received written notice; and
(xxiii) [Reserved];
(xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Date;
(xxv) the amount material breaches of any Applied Realized Loss Amount, Realized Loss Amount covenants under the Pooling and Unpaid Realized Loss Amount for each Class as Servicing Agreement of which 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 Trustee or the Servicer from has received written notice. Parties that are unable to use or access the FHA Premium Account pursuant Trustee's website are entitled to Section 7.03(b)(i);
have a paper copy mailed to them via first class mail by calling the Trustee at (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 requireindicating such. The Trustee shall forward 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 Noteholders above parties 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to all above parties regarding any such changes. The Trustee may fully rely upon and shall have no liability with respect to information with respect to the telecopyMortgage Loans provided by the Servicer. In the case of information furnished pursuant to subclauses (iii), (viiiiii) and (xiiiiv) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per 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.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer Trustee shall furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ixi), (xiiiiii), (xixxvii) and (xxxv), xxii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime.
(bc) On each Remittance Distribution Date, the Trustee shall forward make available to the Owner Trustee, for distribution to the Holder of the GP Interest, Residual Certificateholders a copy of the report forwarded reports made available to the Noteholder Regular Certificateholders in respect of such Remittance Distribution 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 Trustee 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 Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Residual Certificateholders by the Servicer Trustee 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: Pooling and Servicing Agreement (C-Bass Mortgage Loan Asset Backed Certificates, Series 2007-Cb4)
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Trustee shall make available to each Certificateholder, the Certificate Insurer, the Yield Maintenance Provider, the Seller, any NIMS Insurer and each Rating Agency, a statement based, as applicable, on loan-level information obtained from the Servicer shall deliver (the “Distribution Date Statement”) as to the Trusteedistributions to be made or made, as applicable, on such Distribution Date. Information in the Distribution Date Statement relating to or based on amounts available in the Yield Maintenance Account, the Class ▇▇-▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ Account and the Class ▇▇-▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ Account shall be based on information provided by telecopythe Yield Maintenance Provider regarding any Yield Maintenance Distributable Amounts, Class 2A-1A2 Yield Maintenance Distributable Amounts and Class 2A-1A3 Yield Maintenance Distributable Amounts required to be paid by the Yield Maintenance Provider for distribution the related Distribution Date pursuant to the Noteholders, and the Owner Trustee for distribution to the CertificateholdersYield Maintenance Agreement, the receipt and legibility of which Class ▇▇-▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ Agreement or the Class ▇▇-▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ Agreement, as applicable. The Distribution Date Statement shall be confirmed telephonicallyinclude the following information, in each case, with 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) respect to be delivered on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) 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[Reserved];
(iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts aggregate amount of Servicing Fees for the related Remittance Date (by Class and in the aggregate)Due Period;
(v) the Available Maximum Subordination Amount amount of Advances for each Loan Group and the aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances;
(vi) the number Loan Group Balance for each Loan Group and Principal Balances the Net WAC for each Loan Group at the Close of all Loans which were Business at the subject end of Principal Prepayments during the related Due Period;
(vii) the amount of all Curtailments which were received during Pool Balance, Pool Collateral Balance and the Due PeriodLoan Group Balance for such Distribution Date;
(viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments and the amounts MTA Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period;
(ix) for each Loan Group, the amount of interest received on fees, expenses or indemnification amounts paid by the LoansTrust Fund with an identification of the general purpose of such amounts and the party receiving such amounts;
(x) for each Loan Group, the amount number, weighted average remaining term to maturity, weighted average life and weighted average Loan Rate of the Monthly Advances to be made on the Determination Date, the portion related Mortgage Loans as 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 related Due Date;
(xi) for each Loan Group, the delinquency number and aggregate unpaid principal balance of the related Mortgage Loans, (a) 30 to 59 days Delinquent, (b) 60 to 89 days Delinquent, (c) 90 or more days Delinquent, (d) as to which foreclosure information set forth proceedings have been commenced and (e) in bankruptcy, in each case as of the form attached hereto as Exhibit Lclose of business on the last day of the preceding calendar month, using the OTS method;
(xii) for each Loan Group, the book value (if available) of any REO Property as of the Close of Business on the last 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;
(xiii) for each Loan Group, the aggregate amount of any Principal Prepayments, net Principal Prepayments or other unscheduled recoveries of principal with respect to each Loan Group made during the related Prepayment Period;
(xiv) for each Loan Group, the aggregate amount of Realized Losses incurred during the related Due Period;
(xiii) the Available Remittance Amounts Period for the Remittance Date, in the aggregate and by component;
(xiv) the Reimbursable Amounts each Loan Group and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance each Class of Certificates after giving effect to any distributions made thereon, on such Distribution Date;
(xv) the Class Principal Balance for of each Class of Class A, Class M and Class B Notes Certificates and the Pool Balance Apportioned Principal Balances of the Subordinate Certificates after giving effect to the distribution to be any distributions made on the Remittance Date and after allocation of the Applied Realized Loss Amount made thereon, on such Remittance Distribution Date;
(xvi) for each Loan Group, the calculation Monthly Interest Distributable Amount and the Interest Distributable Amount in respect of each related Class of Certificates, for such Distribution Date and the Trigger Eventrespective portions thereof, including if any, remaining unpaid following the various components thereofdistributions made in respect of such Certificates on such Distribution Date;
(xvii) for each Loan Group, the Cumulative Realized Lossesaggregate amount of any Net Interest Shortfalls and the Unpaid Interest Shortfall Amount for such Distribution Date after giving effect to any distributions made thereon, with respect to the Remittance on such Distribution Date;
(xviii) for each Loan Group, the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Daterelated Available Funds;
(xix) the Servicing Feesfor each Loan Group, the Contingency Fees Pass-Through Rate and amounts to be deposited to the Expense Account and the FHA Premium Accountrelated Adjusted Cap Rate for each Class of Certificates for such Distribution Date;
(xx) for each Loan Group, the amount aggregate Principal Balance of all payments Mortgage Loans purchased hereunder by the Seller during the related Due Period, and reimbursements to indicating the Servicer pursuant to relevant section of the Mortgage Loan Purchase Agreement, or the Section 4.04(b)of this Agreement, (c)as applicable, (d)(ii), (e) and (f)requiring or allowing the purchase of each such Mortgage Loan;
(xxi) the Class Factor for each Class determined using Loan Group, the balances in subclause (xv) aboveamount of any Principal Deficiency Amounts or Accrued Interest Amounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(d);
(xxii) the weighted average current Recoveries allocable to each Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodGroup;
(xxiii) [Reserved]cumulative Recoveries allocable to each Loan Group;
(xxiv) the Spread Amount and the Specified Subordinated Amount amount of any Basis Risk Shortfall, if any, for each Class after giving effect to any distributions made thereon, on such Remittance Distribution Date;
(xxv) for each Loan Group, the amount of any Applied Realized Loss AmountDeferred Interest and Net Deferred Interest, Realized Loss Amount and Unpaid Realized Loss Amount if any, for each Class as of the close of such Remittance DateLoan Group;
(xxvi) the Accelerated Principal Distribution Amount for such Remittance Dateamount of the Certificate Insurer Reimbursement Amount, if any;
(xxvii) Reservedthe Deficiency Amount, if any, to be paid by the Certificate Insurer;
(xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable of Net Deferred Interest, if any, added to the Servicer from Class Principal Balance of the FHA Premium Account pursuant to Section 7.03(b)(i);Certificates
(xxix) the amount of FHA Payments and Related Payments received during the related Due Periodany Unpaid Interest Shortfall Amount;
(xxx) the amount of the Group 1 Final Maturity Reserve Amount, the Group 2 Final Maturity Reserve Amount for and the related Remittance Aggregate Final Maturity Reserve Amount deposited in the Final Maturity Reserve Account, and, on the Final Maturity Reserve Termination Date, the amount distributed from the Final Maturity Reserve Account to each Class of Certificates;
(xxxi) claims filed during the Due PeriodOvercollateralized Amount for that Distribution Date;
(xxxii) claims paid during the Due PeriodOvercollateralization Target Amount for that Distribution Date;
(xxxiii) claims denied the amount remitted by the FHA during Administrator to the Due PeriodTrustee pursuant to the Yield Maintenance Allocation Agreement;
(xxxiv) claims pending payment by the FHA payments, if any, made from the Yield Maintenance Account and the amount distributed to the LIBOR Certificates from such payments;
(xxxv) the amount on deposit in the Prefunding Account in the aggregate and for each Loan Group (including a breakdown of amounts released during the Due prior calendar month in respect of Aggregate Subsequent Transfer Amounts or amounts included in Available Funds on the Distribution Date in the month following the end of the Prefunding Period) and the amount of funds remaining in the Capitalized Interest Account (after giving effect to distributions on such Distribution Date); and
(xxxvxxxvi) Such other information as the Noteholders or Certificateholders may reasonably requireaggregate Principal Balance and number of Subsequent Mortgage Loans purchased in the Prefunding Period. The Trustee shall forward 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 the other parties to this Agreement via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Trustee’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Trustee shall have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to rely upon the telecopyall parties regarding any such change. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date. In addition to the information listed above, such Distribution Date Statement or the report on Form 10-D for such Distribution Date shall also include any other information required by Item 1121 (§ 229.1121) of Regulation AB.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to any NIMS Insurer and each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person or any NIMS Insurer, such information as is reasonably necessary to provide to such Person or any NIMS Insurer a statement containing the information set forth in subclauses (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person or any NIMS Insurer was a NoteholderCertificateholder and such other customary information which a Certificateholder reasonably requests to prepare its tax returns. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime.
(bc) On each Remittance Distribution Date, the Trustee shall forward supply an electronic tape to the Owner TrusteeBloomberg Financial Markets, for distribution Inc. in a format acceptable to the Holder of the GP InterestBloomberg Financial Markets, Inc. on a copy of the report forwarded monthly basis, and shall supply an electronic tape to the Noteholder Loan Performance and Intex Solutions in respect of such Remittance Date a format acceptable to Loan Performance and Intex Solutions on 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 appropriatemonthly basis.
(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: Pooling and Servicing Agreement (HarborView 2006-12)
Statements. Each month(a) On each Distribution Date, not later than 12:00 noon New York time based, as applicable, on information provided to it by the Determination DateServicer, the Certificate Administrator shall prepare and make available to each Holder of the Regular Certificates, the Swap Counterparties, the Servicer shall deliver and the Rating Agencies, a statement as to the 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 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 distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class AP Certificates) allocable to interest, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesseparately identified;
(iii) the Principal Distribution Amounts for Pool Balance of the Group I Mortgage Loans and the Group II Mortgage Loans at the Close of Business at the end of 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 NotesDue Period;
(iv) the Interest Shortfall Carryforward Amounts number, aggregate principal balance, and Realized Loss Amounts for weighted average Mortgage Rate of the Mortgage Loans as of the related Remittance Determination Date (by Class and in the aggregate)number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment Period;
(v) the Available Maximum Subordination Amount for the related Remittance Datenumber 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 (C) REO Properties;
(vi) the number and Principal Balances of all Loans which were the subject aggregate amount of Principal Prepayments made during the Due related Prepayment Period;
(vii) the aggregate amount of all Curtailments which were received Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses;
(viii) the aggregate amount Certificate Principal Balance of all Excess Payments each class of the Class A Certificates, each class of the Mezzanine Certificates, the Class B Certificates and the amounts of Monthly Payments in respect of principal received during Class O Certificates, after giving effect to the Due Perioddistributions made on such Distribution Date;
(ix) the amount Unpaid Interest Shortfall Amount, if any, with respect to each class of interest received on the LoansClass A Certificates, each class of the Mezzanine Certificates, the Class B Certificates and the Class AIO Certificates for such Distribution Date;
(x) the aggregate amount of the Monthly Advances to be made on the Determination any Prepayment Interest Shortfalls for such Distribution Date, to the portion of extent not covered by payments by the Monthly Advances to be deposited in the Note Distribution Account Servicer pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date3.25;
(xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit LCredit Enhancement Percentage for such Distribution Date;
(xii) the Available Funds Cap Carryforward Amount for each class of the Class A Certificates, each class of the Mezzanine Certificates and the Class B Certificates, if any, for such Distribution Date and the amount of any Realized Losses incurred during the related Due Periodremaining unpaid after reimbursements therefor on such Distribution Date;
(xiii) the Available Remittance Amounts 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 the Class AIO Certificates for such 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 Remittance immediately succeeding Distribution Date, in the aggregate and by component;
(xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect to the Remittance Supplemental Interest Payment for each Class on such Distribution Date;
(xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and difference between the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Date;
(xvi) the calculation of the Trigger Event, including the various components thereof;
(xvii) the Cumulative Realized Losses, with respect to the Remittance Date;
(xviii) 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 and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f);
(xxi) the Class Factor for each Class determined using the balances in subclause (xv) above;
(xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period;
(xxiii) [Reserved];
(xxiv) the Spread Swap Notional Amount and the Specified Subordinated Amount for such Remittance Date;
Underwritten Certificates (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 Class B Certificate if held by an entity unrelated to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i);
(xxixSeller) the amount of FHA Payments and Related Payments received during the related Due Period;
(xxx) the Reserve Amount for the related Remittance Principal Balance on such Distribution 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per 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.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Certificate Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Certificate Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Certificate Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime.
(bc) On each Remittance Distribution Date, the Trustee Certificate Administrator shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, Residual Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution 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 Certificate Administrator deems necessary or appropriate.
(cd) Within a reasonable period of time after the end of each calendar year, the Servicer Certificate Administrator shall furnish to the Trustee, with a copy to the Owner Trustee for distribution deliver to each Person who at any time during the calendar year was a Holder of the GP Interest 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 Holder of the GP InterestResidual Certificateholder. Such obligation of the Servicer Certificate Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Certificateholders by the Servicer Certificate Administrator pursuant to any requirements of the Code as from time to time in force.
(de) Upon reasonable advance notice in writingNo later than noon on the Business Day prior to each Distribution Date, the Servicer will provide 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 Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access Certificateholder the statement prepared pursuant to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations paragraph (a) of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notesthis Section 4.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Novastar Mortgage Funding Corp Trust Series 2002-3)
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, based, as applicable, on information provided to it by the Servicer Master Servicer, the Trustee shall deliver prepare and forward by mail to each Holder of the Regular Certificates, the Master Servicer, the Certificate Insurer and the Rating Agencies, a statement as to the 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 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 distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Date;distribution made on such Distribution Date to the Holders of each Class of Class A Certificates,
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class AA Certificates allocable to principal and interest, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesseparately identified;
(iii) the Principal Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Amounts Date for the related Remittance Date, in the aggregate and listed separately for the portions relating to each Class of Class A, Class M A Certificates and Class B Notesthe General Excess Available Amount for each related Loan Group for such Distribution Date;
(iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Master Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns and, separately identified, the amount of compensation paid to the Special Servicer;
(v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DatePrepayment Period;
(vi) the number Pool Principal Balance and Principal Balances the Loan Group Balance for each Loan Group at the Close of all Loans which were Business at the subject end of Principal Prepayments during the Due related Prepayment Period;
(vii) the amount number, weighted average remaining term to maturity and weighted average Mortgage Rate of all Curtailments which were received during the Mortgage Loans as of the related Due PeriodDate;
(viii) separately stated for each Loan Group, the number and aggregate amount unpaid principal balance of all Excess Payments Mortgage Loans (a) 30 to 59 days past due on a contractual basis, (b) 60 to 89 days past due on a contractual basis, (c) 90 or more days past due on a contractual basis, (d) as to which foreclosure proceedings have been commenced and (e) in bankruptcy as of the amounts Close of Monthly Payments in respect Business on the last day of principal received during the Due Periodcalendar month preceding such Distribution Date;
(ix) with respect to any Mortgage Loan as to which the amount related Mortgaged Property became an REO Property during the preceding calendar month, the loan number of interest received such Mortgage Loan, the Principal Balance of such Mortgage Loan as of the Close of Business on the Loanslast day of the related Prepayment Period, and the date on which it became an REO Property;
(x) the amount book value of any REO Property as of the Monthly Advances to be made Close of Business on the Determination last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the portion total number and cumulative principal balance of all REO Properties as of the Monthly Advances to be deposited in Close of Business of the Note Distribution Account pursuant to Section 7.01(a)(ii), and last day of the Compensating Interest payment to be made on the Determination Datepreceding due period;
(xi) the delinquency and foreclosure information set forth in aggregate amount of Principal Prepayments made during the form attached hereto as Exhibit Lrelated Prepayment Period;
(xii) the aggregate amount of any Realized Losses incurred during the related Due PeriodPeriod and the cumulative amount of Realized Losses;
(xiii) the Available Remittance Amounts aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for the Remittance such Distribution Date, in the aggregate and by component;
(xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect Class Certificate Principal Balance of each Class of Class A Certificates, after giving effect to the Remittance distributions made on such Distribution Date;
(xv) the Class Principal Balance for Interest Distributable Amount in respect of each Class of Class A, Class M and Class B Notes A Certificates for such Distribution Date and the Pool Balance after giving effect to respective portions thereof, if any, remaining unpaid following the distribution to be distributions made on the Remittance Date and after allocation in respect of the Applied Realized Loss Amount made such Certificates on such Remittance Distribution Date;
(xvi) the calculation aggregate amount of any Prepayment Interest Shortfalls and the Trigger EventUnpaid Interest Shortfall Amount for such Distribution Date, including to the various components thereofextent not covered by payments by the Master Servicer pursuant to Section 3.26;
(xvii) the Cumulative Realized Losses, with respect amount of premium to be paid to the Remittance Certificate Insurer and the Trustee Fee for such Distribution Date, stated separately;
(xviii) the amountGroup I Interest Carryover and the Group II Interest Carryover, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Distribution Date and the amount remaining unpaid on each Interest Carryover after reimbursements therefor on such Distribution Date;
(xix) the Servicing Fees, the Contingency Fees and amounts to be deposited any Overcollateralization Deficiency Amount after giving effect to the Expense Account and the FHA Premium Accountdistribution of principal on such Distribution Date;
(xx) whether the amount Step Down Cumulative Loss Test, Step Down Rolling Delinquency Test, Step Down Rolling Loss Test, Step Up Cumulative Loss Test, Step Up Rolling Delinquency Test, Step Up Rolling Loss Test and/or Step Up Spread Squeeze Test have been met, the cumulative realized losses with respect to each Loan Group, as a percentage of all payments the original Loan Group Balance, the Delinquency Percentage and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Annual Loss Percentage;
(xxi) the Class Factor for Available Funds with respect to each Class determined using the balances in subclause (xv) aboveLoan Group;
(xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Pass-Through Rate for the prior three month periodClass A-1 and Class A-2 Certificates for such Distribution Date;
(xxiii) [Reserved]the Liquidation Report for such Distribution Date;
(xxiv) the Spread Amount aggregate Principal Balance of Mortgage Loans purchased by the Master Servicer, Special Servicer or Seller during the related Due Period and indicating the Specified Subordinated Amount for Section of this Agreement requiring or allowing the purchase of each such Remittance DateMortgage Loan;
(xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as of premium to be paid to the close of such Remittance DatePMI Insurer;
(xxvi) the Accelerated Principal aggregate amount representing collections of Prepayment Premiums during the related Prepayment Period included in Group I Available Funds and Group II Available Funds, on such Distribution Amount for such Remittance Date;
(xxvii) Reserved;the Class X Group I IO Component Distributable Amount and the Class X Group II IO Component Distributable Amount for such Distribution Date and (a) the portion thereof distributed on the current Distribution Date and the portion thereof remaining unpaid on such Distribution Date, (b) any such amount for any prior Distribution Date distributed on the current Distribution Date and (c) any such amount for any prior Distribution Date remaining unpaid after giving effect to the distributions on the current Distribution Date, separately stated; and
(xxviii) the amount to be deposited into on deposit in each of the FHA Premium Account on the related Remittance Date Pre-Funding Accounts and the amount reimbursable to the Servicer from the 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 requireCapitalized Interest Accounts, if any, stated separately. The Trustee shall forward such report concurrently with each distribution to the Noteholders Certificateholders, the Certificate Insurer (at ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇, Attention: Surveillance Department) and the Owner Trustee Rating Agencies on the Remittance related Distribution Date, together with a separate report indicating . The Trustee may also make such reports available each month to each party referred to in this paragraph via the amount of funds deposited in the Note Distribution Account Trustee's website. The Trustee's website can be accessed at ▇▇▇▇://▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/invr. The Trustee's obligations pursuant to this Section 7.01(a)(iv); and the amounts which 4.03 are reimbursable limited to the Servicer or extent of its receipt of all necessary information from the Representative, as appropriate, pursuant Master Servicer. The Trustee may fully rely upon and shall have no liability with respect to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared information provided by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Master Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime.
(bc) On each Remittance Distribution Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, Class R Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution 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 Trustee deems necessary or appropriate.
(cd) Within a reasonable period of time after the end of each calendar year, the Servicer Trustee shall furnish to the Trustee, with a copy to the Owner Trustee for distribution deliver to each Person who at any time during the calendar year was a Holder of the GP Interest 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 Holder of the GP InterestClass R Certificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Certificateholders by the Servicer Trustee 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: Pooling and Servicing Agreement (Asset Backed Funding Corp)
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopyeach Certificateholder, for distribution the Seller, the Master Servicer and the Rating Agency, a statement based, as applicable, on loan-level information obtained from the Master Servicer and the Servicers (the “Distribution Date Statement”) as to the Noteholders, and the Owner Trustee 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 M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) the Principal Distribution Amounts Senior Percentage, Senior Prepayment Percentage, Group 1 Subordinate Percentage, Group 2 Subordinate Percentage and Subordinate Prepayment Percentage with respect to each Loan Group for the related Remittance following Distribution 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 aggregate amount of servicing compensation received by each Servicer during the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances;
(vi) the number and Principal Balances of all Loans which were the subject of Principal Prepayments during the Due Period[reserved];
(vii) the amount Loan Group Balance and related Net WAC and applicable Net WAC Cap for each Loan Group at the Close of all Curtailments which were received during Business at the end of the related Due Period;
(viii) for each Loan Group, the aggregate amount Principal Balance of all Excess Payments the One-Month LIBOR Indexed Mortgage Loans and the amounts COFI Indexed Mortgage Loans at the Close of Monthly Payments in respect Business at the end of principal received during the related Due Period;
(ix) the amount of interest received on the LoansReserved;
(x) 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 DateReserved;
(xi) for each Loan Group, the delinquency number, weighted average remaining term to maturity and foreclosure information set forth in weighted average Loan Rate of the form attached hereto related Mortgage Loans as Exhibit Lof the related Due Date;
(xii) the number and aggregate unpaid principal balance of Mortgage Loans 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 any Principal Prepayments with respect to each Loan Group made during the related Prepayment Period;
(xv) the aggregate amount of Realized Losses incurred during the related Due Period;
(xiii) the Available Remittance Amounts Period for the Remittance Date, in the aggregate and by component;
(xiv) the Reimbursable Amounts each Loan Group and the GP Remittance Amount payable with respect cumulative amount of Realized Losses and the amount of Realized Losses, if any, allocated to the Remittance Date;
(xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance DateCertificates;
(xvi) the calculation Class Certificate Principal Balance or Class Certificate Notional Balance, as applicable, of each Class of Certificates and the Apportioned Principal Balances of the Trigger EventSubordinate Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date;
(xvii) the Cumulative Realized LossesInterest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date;
(xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date;
(xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group;
(xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date;
(xxi) the Class Factor for aggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, and indicating the relevant section of the related Servicing Agreement, or the Section of this Agreement, as applicable, requiring or allowing the purchase of each Class determined using the balances in subclause (xv) abovesuch Mortgage Loan;
(xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period[reserved;
(xxiii) [Reserved]current Recoveries allocable to each Loan Group;
(xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Datecumulative Recoveries allocable to each Loan Group;
(xxv) the amount of any Applied Realized Loss AmountBasis Risk Shortfall, Realized Loss Amount if any, and Unpaid Realized Loss Amount for each Class as of the close of such Remittance Daterelated accrued interest thereon;
(xxvi) for each Loan Group, the Accelerated Principal Distribution Amount amount of Deferred Interest and Net Deferred Interest, if any, for such Remittance DateLoan Group;
(xxvii) Reserved;payments made under the Yield Maintenance Agreement, if any; and
(xxviii) the amount of Net Deferred Interest, if any, added to be deposited into the FHA Premium Account on Class Certificate Principal Balance of the related Remittance Certificates. The Securities Administrator will make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the amount reimbursable other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such reports are distributed in order to make such distribution more convenient and/or more accessible to the Servicer from the 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 parties, 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 Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), i) through (xiii), (xixiii) and (xxxv), xxi) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force 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 appropriatetime.
(c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a 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 forcemonthly basis.
(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: Pooling and Servicing Agreement (HarborView Mortgage Loan Trust 2005-7)
Statements. Each month(a) On each Distribution Date, not later than 12:00 noon New York time based, as applicable, on information provided to it by the Determination DateServicer, the Certificate Administrator shall prepare and make available to each Holder of the Regular Certificates, the Servicer shall deliver and the Rating Agencies, a statement as to the 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 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 distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class AP Certificates) allocable to interest, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesseparately identified;
(iii) the Principal Distribution Amounts for Pool Balance at the Close of Business at the end of 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 NotesDue Period;
(iv) the Interest Shortfall Carryforward Amounts number, aggregate principal balance, and Realized Loss Amounts for weighted average Mortgage Rate of the Mortgage Loans as of the related Remittance Determination Date (by Class and in the aggregate)number and aggregate principal balance of all Subsequent Mortgage Loans added during the preceding Prepayment Period;
(v) the Available Maximum Subordination Amount for the related Remittance Datenumber 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 (C) REO Properties;
(vi) the number and Principal Balances of all Loans which were the subject aggregate amount of Principal Prepayments made during the Due related Prepayment Period;
(vii) the aggregate amount of all Curtailments which were received Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses;
(viii) the aggregate amount Certificate Principal Balance of all Excess Payments the Class A-1 Certificates, the Mezzanine Certificates and the amounts of Monthly Payments in respect of principal received during Class O Certificates, after giving effect to the Due Perioddistributions made on such Distribution Date;
(ix) the amount of interest received on Unpaid Interest Shortfall Amount, if any, with respect to the LoansClass A-1 Certificates, the Mezzanine Certificates and the Class AIO Certificates for such Distribution Date;
(x) the aggregate amount of the Monthly Advances to be made on the Determination any Prepayment Interest Shortfalls for such Distribution Date, to the portion of extent not covered by payments by the Monthly Advances to be deposited in the Note Distribution Account Servicer pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date3.25;
(xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit LCredit Enhancement Percentage for such Distribution Date;
(xii) the Available Funds Cap Carryforward Amount for the Class A-1 Certificates and the Mezzanine Certificates, if any, for such Distribution Date and the amount of any Realized Losses incurred during the related Due Period;remaining unpaid after reimbursements therefor on such Distribution Date; and
(xiii) the Available Remittance Amounts for respective REMIC Pass-Through Rates applicable to the Remittance DateClass A-1 Certificates, in the aggregate and by component;
(xiv) the Reimbursable Amounts Mezzanine Certificates and the GP Remittance Amount payable with respect to the Remittance Date;
(xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Date;
(xvi) the calculation of the Trigger Event, including the various components thereof;
(xvii) the Cumulative Realized Losses, with respect to the Remittance Date;
(xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount AIO Certificates 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 and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f);
(xxi) the Class Factor for each Class determined using the balances in subclause (xv) above;
(xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, 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 REMIC Pass-Through Rate applicable to the Servicer from Class A-1 Certificates and the 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 Mezzanine Certificates for the related Remittance immediately succeeding Distribution 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per 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.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Certificate Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Certificate Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Certificate Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime.
(bc) On each Remittance Distribution Date, the Trustee Certificate Administrator shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, Residual Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution 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 Certificate Administrator deems necessary or appropriate.
(cd) Within a reasonable period of time after the end of each calendar year, the Servicer Certificate Administrator shall furnish to the Trustee, with a copy to the Owner Trustee for distribution deliver to each Person who at any time during the calendar year was a Holder of the GP Interest 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 Holder of the GP InterestResidual Certificateholder. Such obligation of the Servicer Certificate Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Certificateholders by the Servicer Certificate Administrator pursuant to any requirements of the Code as from time to time in force.
(de) Upon reasonable advance notice in writingNo later than noon on the Business Day prior to each Distribution Date, the Servicer will provide 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 Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access Certificateholder the statement prepared pursuant to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations paragraph (a) of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notesthis Section 4.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Novastar Mortgage Funding Corp)
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Securities Administrator shall deliver make available to the Trustee, by telecopyeach Certificateholder, for distribution the Certificate Insurer, the Seller, the Master Servicer and the Rating Agency, a statement based, as applicable, on the Remittance Report obtained from the Master Servicer (the “Distribution Date Statement”) as to the Noteholders, and the Owner Trustee 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 M (both in hard copy and in computer tape form) distributions to be delivered made or made, as applicable, on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) 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[Reserved];
(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 Loans which were the subject of Principal Prepayments during the Due Period;
(vii) the amount of all Curtailments which were servicing compensation received during by the Due Period;
(viii) the aggregate amount of all Excess Payments and the amounts of Monthly Payments in respect of principal received during the Due Period;
(ix) the amount of interest received on the Loans;
(x) 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;
(xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit L;
(xii) the amount of any Realized Losses incurred Servicer during the related Due Period;
(xiiiv) the Available Remittance Amounts aggregate amount of Advances for the Remittance related Due Period and the amount of unreimbursed Advances;
(vi) [Reserved];
(vii) the Loan Group Balance and related Net WAC for each Loan Group at the Close of Business at the end of the related Due Period;
(viii) [Reserved];
(ix) for each Loan Group, the aggregate Principal Balance of the One-Month LIBOR Indexed Mortgage Loans at the Close of Business at the end of the related Due Period;
(x) for each Loan Group, the aggregate Principal Balance of the 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;
(xii) the number and aggregate unpaid principal balance of Mortgage Loans, in the aggregate and by componentfor 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 Reimbursable Amounts and the GP Remittance Amount payable aggregate amount of Principal Prepayments with respect to each Loan Group made during the Remittance Daterelated Prepayment Period;
(xv) the Class Principal Balance for each Class aggregate amount of Class A, Class M and Class B Notes Realized Losses incurred during the related Due Period and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation cumulative amount of the Applied Realized Loss Amount made on such Remittance DateLosses;
(xvi) the calculation Class Certificate Principal Balance of the Trigger Eventeach Class of Certificates after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date;
(xvii) the Cumulative Realized LossesInterest Distributable Amount in respect of each Class of Certificates, with for such Distribution Date and the respective portions thereof, if any, remaining unpaid following the distributions made in respect to the Remittance of such Certificates on such Distribution Date;
(xviii) the amount, if any, by which aggregate amount of any Net Interest Shortfalls and the applicable Formula Distribution Amount exceeds the applicable Class Distribution Unpaid Interest Shortfall Amount for such Remittance Distribution Date;
(xix) the Servicing Fees, the Contingency Fees and amounts Available Funds with respect to be deposited to the Expense Account and the FHA Premium Accounteach Loan Group;
(xx) the amount Pass-Through Rate for each Class of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Certificates for such Distribution Date;
(xxi) the Class Factor for 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 Class determined using the balances in subclause (xv) abovesuch Mortgage Loan;
(xxii) the weighted average Loan amount of any Principal Deficiency Amounts or Accrued Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodAmounts paid to an Undercollateralized Group or amounts paid pursuant to Section 5.01(d);
(xxiii) [Reserved]the amount of any Basis Risk Shortfall, if any, and the related accrued interest thereon, with respect to the LIBOR Certificates;
(xxiv) the Spread Amount and the Specified Subordinated Amount for such Remittance Date[reserved];
(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[reserved];
(xxvi) the Accelerated Principal Distribution Amount for such Remittance Date[reserved];
(xxvii) Reservedfor each Loan Group, the amount of Deferred Interest and Net Deferred Interest, if any, for such Loan Group;
(xxviii) the amount of Net Deferred Interest, if any, added to be deposited into the FHA Premium Account on Certificate Principal Balance of the related Remittance Date and the amount reimbursable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i)Certificates;
(xxix) the amount of FHA Payments and Related Payments received during the related Due Periodcurrent Recoveries allocable to each Loan Group;
(xxx) the Reserve Amount for the related Remittance Datecumulative Recoveries allocable to each Loan Group;
(xxxi) claims filed during the Due Periodamount of the Certificate Insurer Reimbursement Amount, if any;
(xxxii) claims the Deficiency Amount, if any, to be paid during by the Due PeriodCertificate Insurer;
(xxxiii) claims denied by the FHA during the Due PeriodOvercollateralization Amount for that Distribution Date;
(xxxiv) claims pending payment by the FHA during the Due Period; andOvercollateralization Target Amount for that Distribution Date
(xxxv) Such other information as for each Loan Group, the Noteholders or Certificateholders may reasonably requireaggregate minimum amount of payments required to be made in respect of interest and principal on the Mortgage Loans. The Trustee Securities Administrator will make the Distribution Date Statement (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the other parties to this Agreement via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall forward initially be located at “▇▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at (▇▇▇) ▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, 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 Securities Administrator shall provide timely and adequate notification to Section 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of parties regarding any such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopychange. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off Date.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Securities Administrator shall, upon written request, furnish to the Trustee for distribution to Certificate Insurer and each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), i) through (xiii), (xixiii) and (xxxv), xxi) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Securities Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Securities Administrator to Certificateholders pursuant to any requirements of the Code as are in force 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 appropriatetime.
(c) Within a reasonable period of time after the end of On each calendar yearDistribution Date, the Servicer Securities Administrator shall furnish supply an electronic tape to the TrusteeBloomberg Financial Markets, with Inc. in a copy format acceptable to the Owner Trustee for distribution Bloomberg Financial Markets, Inc. on a monthly basis, and shall supply an electronic tape to each Person who at any time during the calendar year was Loan Performance and Intex Solutions in a Holder of the GP Interest such information as is reasonably necessary format acceptable to provide to such Person Loan Performance and Intex Solutions on a statement containing the information provided pursuant to the previous paragraph aggregated for such calendar year or applicable portion thereof during which such Person was a 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 forcemonthly basis.
(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: Pooling and Servicing Agreement (DSLA Mortgage Loan Trust 2005-Ar6)
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, the Servicer Trustee shall deliver make available to each Certificateholder, the Seller, any NIMS Insurer and each Rating Agency, a statement based, as applicable, on loan-level information obtained from the Servicer, the Swap Provider and the Basis Risk Cap Provider (the “Distribution Date Statement”) as to the Trusteedistributions to be made or made, by telecopyas applicable, for distribution to on such Distribution Date. The Distribution Date Statement shall include the Noteholdersfollowing information, and the Owner Trustee for distribution to the Certificateholders, the receipt and legibility of which shall be confirmed telephonicallyin each case, with 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) respect to be delivered on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Certificates allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class A, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant Certificates allocable to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesinterest;
(iii) 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[Reserved];
(iv) the Interest Shortfall Carryforward Amounts and Realized Loss Amounts aggregate amount of Servicing Fees for the related Remittance Date (by Class and in the aggregate)Due Period;
(v) the Available Maximum Subordination Amount amount of Advances for the related Remittance DateDue Period and the amount of unreimbursed Advances;
(vi) the number and Principal Balances Net WAC at the Close of all Loans which were Business at the subject end of Principal Prepayments during the related Due Period;
(vii) the amount of all Curtailments which were received during the Due PeriodPool Balance for such Distribution Date;
(viii) the aggregate amount of all Excess Payments fees, expenses or indemnification amounts paid by the Trust Fund with an identification of the general purpose of such amounts and the amounts of Monthly Payments in respect of principal received during the Due Periodparty receiving such amounts;
(ix) the amount number, weighted average remaining term to maturity, weighted average life and weighted average Loan Rate of interest received on the Loansrelated Mortgage Loans as of the related Due Date;
(x) the amount number and aggregate unpaid principal balance of the Monthly Advances related Mortgage Loans, (a) 30 to be made 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 Determination Date, the portion last day of the Monthly Advances to be deposited in preceding calendar month, using the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination DateOTS method;
(xi) the delinquency book value (if available) of any REO Property as of the Close of Business on the last Business Day of the calendar month preceding the Distribution Date, and, cumulatively, the total number and foreclosure information set forth in cumulative principal balance of all REO Properties as of the form attached hereto as Exhibit LClose of Business of the last day of the preceding Due Period;
(xii) the aggregate amount of any Principal Prepayments made during the related Prepayment Period;
(xiii) the aggregate amount of Realized Losses incurred during the related Due Period;
(xiii) Period and the Available Remittance Amounts for cumulative amount of Realized Losses and the Remittance amount of Realized Losses, if any, allocated to each Class of Certificates after giving effect to any distributions made thereon, on such Distribution Date, in the aggregate and by component;
(xiv) the Reimbursable Amounts Class Principal Balance of each Class of Certificates and the GP Remittance Amount payable with respect Apportioned Principal Balances of the Subordinate Certificates after giving effect to the Remittance any distributions made thereon, on such Distribution Date;
(xv) the Class Principal Balance for Monthly Interest Distributable Amount and the Interest Distributable Amount in respect of each related Class of Class ACertificates, Class M and Class B Notes for such Distribution Date and the Pool Balance after giving effect to respective portions thereof, if any, remaining unpaid following the distribution to be distributions made on the Remittance Date and after allocation in respect of the Applied Realized Loss Amount made such Certificates on such Remittance Distribution Date;
(xvi) the calculation aggregate amount of any Net Interest Shortfalls and the Trigger EventUnpaid Interest Shortfall Amount for such Distribution Date after giving effect to any distributions made thereon, including the various components thereofon such Distribution Date;
(xvii) the Cumulative Realized Losses, with respect to the Remittance DateAvailable Funds;
(xviii) the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Pass-Through Rate for each Class Distribution Amount of Certificates for such Remittance Distribution Date;
(xix) the Servicing Feesaggregate Principal Balance of Mortgage Loans purchased hereunder by the Seller during the related Due Period, and indicating the Contingency Fees and amounts to be deposited to relevant section of the Expense Account and Mortgage Loan Purchase Agreement, or the FHA Premium AccountSection of this Agreement, as applicable, requiring or allowing the purchase of each such Mortgage Loan;
(xx) the amount of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)current Recoveries;
(xxi) the Class Factor for each Class determined using the balances in subclause (xv) abovecumulative Recoveries;
(xxii) the weighted average Loan Interest Rate and the weighted average amount of any Basis Risk Shortfall, if any, for each Class Adjusted Loan Remittance Ratesafter giving effect to any distributions made thereon, in each case for the related Remittance on such Distribution Date, and the weighted average Loan Interest Rate for the prior three month period;
(xxiii) [Reserved]the amount of any Unpaid Interest Shortfall Amount or Basis Risk Shortfalls (if applicable);
(xxiv) the Spread Amount and the Specified Subordinated Overcollateralized Amount for such Remittance that Distribution Date;
(xxv) the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Overcollateralization Target Amount for each Class as of the close of such Remittance that Distribution Date;
(xxvi) the Accelerated Principal Distribution Amount for such Remittance Dateamount of any payments made by the Basis Risk Cap Provider to the Basis Risk Cap Account made pursuant to Section 5.09;
(xxvii) Reserved;
(xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance Date and the amount reimbursable of any Net Swap Payment to the Servicer from the FHA Premium Account Supplemental Interest Trust made pursuant to Section 7.03(b)(i);
5.10, any Net Swap Payment to the Swap Provider made pursuant to Section 5.10, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.10 and any Swap Termination Payment to the Swap Provider made pursuant to Section 5.10; The Trustee shall make the Distribution Date Statement (xxixand, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders and the amount of FHA Payments other parties to this Agreement via the Trustee’s internet website. The Trustee’s internet website shall initially be located at “w▇▇.▇▇▇▇▇▇▇.▇▇▇.” Assistance in using the website can be obtained by calling the Trustee’s customer service desk at 1-▇▇▇-▇▇▇-▇▇▇▇. Parties that are unable to use the above distribution option are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and 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 requireindicating such. The Trustee shall forward have the right to change the way such report reports are distributed in order to make such distribution more convenient and/or more accessible to the Noteholders parties, 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to rely upon the telecopyall parties regarding any such change. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date. In addition to the information listed above, such Distribution Date Statement or the report on Form 10-D for such Distribution Date shall also include any other information required by Item 1121 (§ 229.1121) of Regulation AB.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to any NIMS Insurer and each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B Noteholder if requested in writing by such Person or any NIMS Insurer, such information as is reasonably necessary to provide to such Person or any NIMS Insurer a statement containing the information set forth in subclauses (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person or any NIMS Insurer was a NoteholderCertificateholder and such other customary information which a Certificateholder reasonably requests to prepare its tax returns. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime.
(bc) On each Remittance Distribution Date, the Trustee shall forward supply an electronic tape to the Owner TrusteeBloomberg Financial Markets, for distribution Inc. in a format acceptable to the Holder of the GP InterestBloomberg Financial Markets, Inc. on a copy of the report forwarded monthly basis, and shall supply an electronic tape to the Noteholder Loan Performance and Intex Solutions in respect of such Remittance Date a format acceptable to Loan Performance and Intex Solutions on 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 appropriatemonthly basis.
(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: Pooling and Servicing Agreement (HarborView 2006-11)
Statements. Each month(a) On each Distribution Date, not later than 12:00 noon New York time based, as applicable, on information provided to it by the Determination DateServicer, the Certificate Administrator shall prepare and make available to each Holder of the Regular Certificates, the Swap Counterparties, the Servicer shall deliver and the Rating Agencies, a statement as to the 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 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 distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class AP Certificates) allocable to interest, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesseparately identified;
(iii) the Principal Distribution Amounts for Pool Balance of the Group I Mortgage Loans and the Group II Mortgage Loans at the Close of Business at the end of 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 NotesDue Period;
(iv) the Interest Shortfall Carryforward Amounts number, aggregate principal balance, and Realized Loss Amounts for weighted average Mortgage Rate of the Mortgage Loans as of the related Remittance Date (by Class and in the aggregate)Determination Date;
(v) the Available Maximum Subordination Amount for the related Remittance Datenumber 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 (C) REO Properties;
(vi) the number and Principal Balances of all Loans which were the subject aggregate amount of Principal Prepayments made during the Due related Prepayment Period;
(vii) the aggregate amount of all Curtailments which were received Realized Losses incurred during the Due Periodrelated Prepayment Period and the cumulative amount of Realized Losses;
(viii) the aggregate amount Certificate Principal Balance of all Excess Payments each class of the Class A Certificates, each class of the Mezzanine Certificates, the Class B Certificates and the amounts of Monthly Payments in respect of principal received during Class O Certificates, after giving effect to the Due Perioddistributions made on such Distribution Date;
(ix) the amount Unpaid Interest Shortfall Amount, if any, with respect to each class of interest received on the LoansClass A Certificates, each class of the Mezzanine Certificates, the Class B Certificates and the Class AIO Certificates for such Distribution Date;
(x) the aggregate amount of the Monthly Advances to be made on the Determination any Prepayment Interest Shortfalls for such Distribution Date, to the portion of extent not covered by payments by the Monthly Advances to be deposited in the Note Distribution Account Servicer pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Date3.25;
(xi) the delinquency and foreclosure information set forth in the form attached hereto as Exhibit LCredit Enhancement Percentage for such Distribution Date;
(xii) the Available Funds Cap Carryforward Amount for each class of the Class A Certificates, each class of the Mezzanine Certificates and the Class B Certificates, if any, for such Distribution Date and the amount of any Realized Losses incurred during the related Due Periodremaining unpaid after reimbursements therefor on such Distribution Date;
(xiii) the Available Remittance Amounts 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 the Class AIO Certificates for such 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 Remittance immediately succeeding Distribution Date, in the aggregate and by component;
(xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect to the Remittance Supplemental Interest Payment for each Class on such Distribution Date;
(xv) the Class Principal Balance for each Class of Class A, Class M and Class B Notes and difference between the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on such Remittance Date;
(xvi) the calculation of the Trigger Event, including the various components thereof;
(xvii) the Cumulative Realized Losses, with respect to the Remittance Date;
(xviii) 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 and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f);
(xxi) the Class Factor for each Class determined using the balances in subclause (xv) above;
(xxii) the weighted average Loan Interest Rate and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period;
(xxiii) [Reserved];
(xxiv) the Spread Swap Notional Amount and the Specified Subordinated Amount for such Remittance Date;
Underwritten Certificates (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 Class B Certificate if held by an entity unrelated to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i);
(xxixSeller) the amount of FHA Payments and Related Payments received during the related Due Period;
(xxx) the Reserve Amount for the related Remittance Principal Balance on such Distribution 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled to rely upon the telecopy. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per 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.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Certificate Administrator shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Certificate Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Certificate Administrator to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime.
(bc) On each Remittance Distribution Date, the Trustee Certificate Administrator shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, Residual Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution 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 Certificate Administrator deems necessary or appropriate.
(cd) Within a reasonable period of time after the end of each calendar year, the Servicer Certificate Administrator shall furnish to the Trustee, with a copy to the Owner Trustee for distribution deliver to each Person who at any time during the calendar year was a Holder of the GP Interest 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 Holder of the GP InterestResidual Certificateholder. Such obligation of the Servicer Certificate Administrator shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Certificateholders by the Servicer Certificate Administrator pursuant to any requirements of the Code as from time to time in force.
(de) Upon reasonable advance notice in writingNo later than noon on the Business Day prior to each Distribution Date, the Servicer will provide 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 Class A, Class M and Class B Noteholder which is a savings and loan association, bank or insurance company certain reports and access Certificateholder the statement prepared pursuant to information and documentation regarding the Loans sufficient to permit such Class A, Class M and Class B Noteholder to comply with applicable regulations paragraph (a) of the Office of Thrift Supervision or other regulatory authorities with respect to investment in the Class A, Class M and Class B Notesthis Section 4.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Novastar Mortgage Funding Corp Series 2002-2)
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, based, as applicable, on information provided to it by the Servicer Master Servicer, the Trustee shall deliver prepare and make available to each Holder of the Regular Certificates, the Master Servicer, the Certificate Insurer and the Rating Agencies, a statement as to the 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 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 distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class S-1 Certificates), separately identified, allocable to principal;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Class ARegular Certificates allocable to interest, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesseparately identified;
(iii) the Principal Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount for each Certificate Group for such 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) with respect to each Loan Group, the Interest Shortfall Carryforward Amounts and Realized Loss Amounts for aggregate amount of servicing compensation received by the Master Servicer with respect to the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) with respect to each Loan Group, the Available Maximum Subordination Amount aggregate amount of Advances of interest made by the Master Servicer for such Distribution Date and the related Remittance Dateamount of any recoveries received by the Master Servicer in reimbursement of Advances of interest made by the Master Servicer with respect to prior Distribution Dates;
(vi) the number and aggregate Principal Balances Balance of all the Loans which were in each Loan Group at the subject Close of Principal Prepayments during Business at the end of the related Due Period;
(vii) the amount number, aggregate Principal Balance, weighted average remaining term to maturity and weighted average Loan Rate of all Curtailments which were received during the Loans in each Loan Group as of the last day of the related Due Period;
(viii) the number and aggregate amount unpaid principal balance of all Excess Payments Loans in each Loan Group that were (A) Delinquent (exclusive of Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the amounts Close of Monthly Payments in respect Business on the last day of principal received during the Due Periodcalendar month preceding such Distribution Date and (D) REO Properties;
(ix) with respect to each Loan Group and any Loan therein that became an REO Property during the amount preceding Prepayment Period, the unpaid Principal Balance thereof and the Principal Balance thereof as of interest received on the Loansdate it became an REO Property;
(x) the amount total number and cumulative principal balance of all REO Properties in each Loan Group as of the Monthly Advances to be made on the Determination Date, the portion Close of Business of the Monthly Advances to be deposited in last day of the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Datepreceding Due Period;
(xi) with respect to each Loan Group, the delinquency and foreclosure information set forth in the form attached hereto as Exhibit L;
(xii) the aggregate amount of any Realized Losses incurred Principal Prepayments made during the related Due Period;
(xii) with respect to each Loan Group, the aggregate amount of Realized Losses incurred during the related Due Period and the cumulative amount of Realized Losses for such Loan Group;
(xiii) the Available Remittance Amounts aggregate amount of Trust Fund expenses withdrawn from the Collection Account or the Distribution Account for the Remittance such Distribution Date, in the aggregate and by componentidentifying to which Loan Group or Certificate Group such expenses relate;
(xiv) the Reimbursable Amounts Certificate Principal Balance of the each Class of the Class A Certificates and each Class of the GP Remittance Amount payable with respect Class C Certificates, after giving effect to the Remittance distributions made on such Distribution Date;
(xv) the Class Principal Balance for Monthly Interest Distributable Amount in respect of the each Class of the Class AA Certificates, the Class M S-1 Certificates and each Class B Notes of the Class C Certificates for such Distribution Date and the Pool Balance after giving effect Unpaid Interest Shortfall Amount, if any, with respect to the distribution to be made on the Remittance Date and after allocation each Class of the Applied Realized Loss Amount made on Class A Certificates, the Class S-1 Certificates and each Class of the Class C Certificates for such Remittance Distribution Date;
(xvi) with respect to each Loan Group, the calculation aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the Trigger Event, including extent not covered by payments by the various components thereofMaster Servicer pursuant to Section 3.26;
(xvii) the Cumulative Realized Lossesamount of the premium payable under the Policy for such Distribution Date, separately identifying the portion of such premium payable with respect to the Remittance DateClass A-1 Certificates and the Class S-1 Certificates, on the one hand, and with respect to the Class A-2 Certificates, on the other hand;
(xviii) when the amount, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance DateStepdown Date has occurred;
(xix) the Servicing Feesrespective Pass-Through Rates applicable to the Class A Certificates, the Contingency Fees and amounts to be deposited to the Expense Account Class S-1 Certificates and the FHA Premium AccountClass C Certificates for such Distribution Date and, in the case of the Class A Certificates, whether such Pass-Through Rate was the related Net WAC Rate;
(xx) the amount of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Net WAC Rate for each Certificate Group for such Distribution Date;
(xxi) the Class Factor Group I Available Funds and the Group II Available Funds for each Class determined using the balances in subclause (xv) abovesuch Distribution Date;
(xxii) the weighted average number and aggregate principal balance of all Subsequent Loans added to Loan Interest Rate and Group I during the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month periodpreceding Due Period;
(xxiii) [Reserved]the amount on deposit in the Pre-Funding Account immediately prior to the related Due Period, the amount withdrawn therefrom during the related Due Period and the amount remaining on deposit therein as of the end of the related Due Period and as of such Distribution Date;
(xxiv) the Spread Amount amount on deposit in the Interest Coverage Account immediately pto such Distribution Date, the amount withdrawn therefrom for such Distribution Date and included in the Group I Available Funds for such Distribution Date, the amount remaining on deposit after taking into account such withdrawal and the Specified Subordinated Amount maximum amount that (assuming sufficient funds therein) would be withdrawn therefrom on future Distribution Dates and included in the Group I Available Funds for such Remittance Distribution Dates in accordance with Section 4.11(c) if the Funding Period were to end on June 19, 2001 and no Subsequent Loans were purchased for inclusion in the Loan Group I after the end of the Due Period relating to the current Distribution Date;
(xxv) for the amount of any Applied Realized Loss Amount, Realized Loss Amount and Unpaid Realized Loss Amount for each Class as distribution occurring on the Distribution Date immediately following the end of the close Funding Period, the balance on deposit in the Pre-Funding Account that has not been used to purchase Subsequent Loans and that is being distributed to the Class A Certificates as a mandatory prepayment of principal, if any, on such Remittance Distribution Date;
(xxvi) the Accelerated Principal Distribution amount of any Insured Amount for such Remittance Distribution Date (separately identifying for each insured Class, any interest portion of such Insured Amount payable on such Class and any principal portion of such Insured Amount payable on such Class) and the amount of any Insured Payment in respect of a Preference Amount included in the amount distributed on each insured Class on such Distribution Date;; and
(xxvii) Reserved;
(xxviii) the amount to be deposited into the FHA Premium Account on the related Remittance of Cumulative Insurance Payments for such Distribution Date and the amount reimbursable to the Servicer from the 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 Certificate Insurer in respect thereof on such Distribution Date, in each case separately identified by Certificate Group. The Trustee will make such statement (and, at its option, any additional files containing the Due Period;
same information in an alternative format) available each month to Certificateholders, the Certificate Insurer and the Rating Agencies via w▇▇.▇▇▇▇▇▇▇▇.▇▇▇. Parties that are unable to use w▇▇.▇▇▇▇▇▇▇▇.▇▇▇ are entitled to have a paper copy mailed to them via first class mail by calling the Trustee at (xxxiv▇▇▇) claims pending payment by the FHA during the Due Period; and
(xxxv) Such other information as the Noteholders or Certificateholders may reasonably require▇▇▇-▇▇▇▇ and indicating such. The Trustee shall forward 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 Noteholders above parties 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 7.01(a)(iv); and the amounts which are reimbursable to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the Servicer's Certificate and the hard copy thereof, the Trustee shall be entitled provide timely and adequate notification to rely upon the telecopyall above parties regarding any such changes. In the case of information furnished pursuant to subclauses (ii), (viiii) and (xiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), (xiii), (xixi) and (xxxv), ii) above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime.
(bc) On each Remittance Distribution Date, the Trustee shall forward to the Owner Trustee, for distribution to the Holder of the GP Interest, Class R Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution 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 Trustee deems necessary or appropriate.
(cd) Within a reasonable period of time after the end of each calendar year, the Servicer Trustee shall furnish to the Trustee, with a copy to the Owner Trustee for distribution deliver to each Person who at any time during the calendar year was a Holder of the GP Interest 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 Holder of the GP InterestClass R Certificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Certificateholders by the Servicer Trustee 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: Pooling and Servicing Agreement (Financial Asset Sec Corp New South Home Equity Trust 2001-1)
Statements. Each month, not later than 12:00 noon New York time on the Determination (a) On each Distribution Date, based, as applicable, on information provided to it by each Master Servicer, the Servicer Trustee shall deliver prepare and make available to each Holder of the Regular Certificates, the Master Servicers and the Rating Agencies, a statement as to the 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 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 distributions made on the Business Day following the Determination such Distribution Date, a certificate signed by a Servicing Officer (a "Servicer's Certificate") stating the date (day, month and year), the Series number, the date of this Agreement, and the following:
(i) the Available Remittance Amounts for amount of the related Remittance Datedistribution made on such Distribution Date to the Holders of each Class of Regular Certificates, separately identified, allocable to principal and the amount of the distribution made to the Holders of the Class P Certificates allocable to Prepayment Charges;
(ii) the Class Principal Balances for amount of the distribution made on such Distribution Date to the Holders of each Class of Regular Certificates (other than the Class AP Certificates) allocable to interest, Class M and Class B Notes as reported in the prior Servicer's Certificate pursuant to subclause (xv) below, or, in the case of the first Determination Date, the Original Principal Balance for each Class of Class A, Class M and Class B Notesseparately identified;
(iii) the Principal Overcollateralized Amount, the Overcollateralization Release Amount, the Overcollateralization Deficiency Amount and the Overcollateralization Target Amount as of such Distribution Amounts Date and the Excess Overcollateralized Amount for the related Remittance Mortgage Pool for such Distribution 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 aggregate amount of servicing compensation received by each Master Servicer with respect to the related Remittance Date (by Class Due Period and in such other customary information as the aggregate)Trustee deems necessary or desirable, or which a Certificateholder reasonably requests, to enable Certificateholders to prepare their tax returns;
(v) the Available Maximum Subordination Amount aggregate amount of Advances for the related Remittance DateDue Period;
(vi) the number and Principal Balances Pool Balance at the Close of all Loans which were Business at the subject end of Principal Prepayments during the related Due Period;
(vii) the amount number, aggregate principal balance, weighted average remaining term to maturity and weighted average Mortgage Rate of all Curtailments which were received during the Due PeriodMortgage Loans as of the related Determination Date;
(viii) the number and aggregate amount unpaid principal balance of all Excess Payments Mortgage Loans that were (A) Delinquent (exclusive of Mortgage Loans in bankruptcy or foreclosure and REO Properties) (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (B) as to which foreclosure proceedings have been commenced and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, (C) in bankruptcy and Delinquent (1) 30 to 59 days, (2) 60 to 89 days and (3) 90 or more days, in each case as of the amounts Close of Monthly Payments in respect Business on the last day of principal received during the Due Periodcalendar month preceding such Distribution Date and (D) REO Properties;
(ix) payments, if any, made under the amount of interest received on the LoansCap Contract;
(x) the amount total number and cumulative principal balance of all REO Properties as of the Monthly Advances to be made on the Determination Date, the portion Close of Business of the Monthly Advances to be deposited in last day of the Note Distribution Account pursuant to Section 7.01(a)(ii), and the Compensating Interest payment to be made on the Determination Datepreceding Prepayment Period;
(xi) the delinquency and foreclosure information set forth in aggregate amount of Principal Prepayments made during the form attached hereto as Exhibit Lrelated Prepayment Period;
(xii) the aggregate amount of any Realized Losses incurred during the related Due PeriodPrepayment Period and the cumulative amount of Realized Losses;
(xiii) the Available Remittance Amounts aggregate amount of extraordinary Trust Fund expenses withdrawn from the Collection Account for the Remittance such Distribution Date, in the aggregate and by component;
(xiv) the Reimbursable Amounts and the GP Remittance Amount payable with respect Certificate Principal Balance of each Class of Regular Certificates, after giving effect to the Remittance distributions made on such Distribution Date;
(xv) the Class Principal Balance for Monthly Interest Distributable Amount in respect of each Class of Regular Certificates (other than the Class AP Certificates) for such Distribution Date and the Unpaid Interest Shortfall Amount, if any, with respect to the Class M A Certificates, the Mezzanine Certificates and the Class B Notes and the Pool Balance after giving effect to the distribution to be made on the Remittance Date and after allocation of the Applied Realized Loss Amount made on Certificates for such Remittance Distribution Date;
(xvi) the calculation aggregate amount of any Prepayment Interest Shortfalls for such Distribution Date, to the Trigger Event, including extent not covered by payments by the various components thereofMaster Servicers pursuant to Section 3.23;
(xvii) the Cumulative Realized Losses, with respect to the Remittance Credit Enhancement Percentage for such Distribution Date;
(xviii) the amountNet WAC Rate Carryover Amount for the Class A Certificates, the Mezzanine Certificates and the Class B Certificates, if any, by which the applicable Formula Distribution Amount exceeds the applicable Class Distribution Amount for such Remittance Distribution Date and the amount remaining unpaid after reimbursements therefor on such Distribution Date;
(xix) the Servicing FeesOvercollateralization Target Amount, the Contingency Fees any Overcollateralized Amount and amounts to be deposited Overcollateralization Deficiency Amount after giving effect to the Expense Account and the FHA Premium Accountdistribution of principal on such Distribution Date;
(xx) when the amount of all payments and reimbursements to the Servicer pursuant to Section 4.04(b), (c), (d)(ii), (e) and (f)Stepdown Date or a Trigger Event has occurred;
(xxi) the Class Factor for each Class determined using the balances in subclause (xv) above;Available Funds; and
(xxii) the weighted average Loan Interest Rate respective Pass-Through Rates applicable to the Class A Certificates, each Class of Mezzanine Certificates, the Class B Certificates and the weighted average Class Adjusted Loan Remittance Rates, in each case for the related Remittance Date, and the weighted average Loan Interest Rate for the prior three month period;
(xxiii) [Reserved];
(xxiv) the Spread Amount and the Specified Subordinated Amount C Certificates 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 Pass-Through Rate applicable to the Servicer from the FHA Premium Account pursuant to Section 7.03(b)(i);
(xxix) the amount Class A Certificates and each Class of FHA Payments and Related Payments received during the related Due Period;
(xxx) the Reserve Amount Mezzanine Certificates for the related Remittance immediately succeeding Distribution Date;
. The Trustee will make such statement (xxxiand, at its option, any additional files containing the same information in an alternative format) claims filed during available each month to Certificateholders and the Due Period;
Rating Agencies via the Trustee's internet website. The Trustee's internet website shall initially be located at "▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/invr". Assistance in using the website can be obtained by calling the Trustee's customer service desk at (xxxii800) claims paid during 735-7777. Parties that are unable to use the Due Period;
(xxxiii) claims denied above distribution option are entitled to have a paper copy mailed to them via first class mail by calling 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 requirecustomer service desk and indicating such. The Trustee shall forward 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 Noteholders above parties and the Owner Trustee on the Remittance Date, together with shall provide timely and adequate notification to all above parties regarding any such changes. As a separate report indicating the amount of funds deposited in the Note Distribution Account pursuant condition to Section 7.01(a)(iv); and the amounts which are reimbursable access to the Servicer or the Representative, as appropriate, pursuant to Sections 7.04(c)(i), 7.04(c)(ii) and 7.05(d)(xvii) (all reports prepared by the Trustee of such withdrawals and deposits will be based in whole or in part upon the information provided to the Trustee by the Servicer or the Claims Administrator). To the extent that there are inconsistencies between the telecopy of the ServicerTrustee's Certificate and the hard copy thereofinternet website, the Trustee may require registration and the acceptance of a disclaimer. The Trustee will not be liable for the dissemination of information in accordance with this Agreement. The Trustee shall also be entitled to rely upon on but shall not be responsible for the telecopycontent or accuracy of any information provided by third parties for purposes of preparing the Distribution Date statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the part of any other party thereto). In the case of information furnished pursuant to subclauses (ii), i) through (viii) and (xiiiiii) above, the amounts shall be expressed in a separate section of the report as a dollar amount for each Note per Class for each $1,000 original dollar amount as of the Cut-Off off Date.
(ab) Within a reasonable period of time after the end of each calendar year, the Servicer shall Trustee shall, upon written request, furnish to the Trustee for distribution to each Person who at any time during the calendar year was a Class ACertificateholder of a Regular Certificate, Class M and Class B 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 (ix), i) through (xiii), (xixiii) and (xxxv), above, aggregated for such calendar year or applicable portion thereof during which such Person was a NoteholderCertificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished by the Servicer Trustee to Certificateholders pursuant to any requirements of the Code as are in force from time to time are in forcetime.
(bc) On each Remittance Distribution Date, the Trustee shall forward make available to the Owner Trustee, for distribution to the Holder of the GP Interest, Residual Certificateholders a copy of the report reports forwarded to the Noteholder Regular Certificateholders in respect of such Remittance Distribution 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 Trustee deems necessary or appropriate.
(cd) Within a reasonable period of time after the end of each calendar year, the Servicer Trustee shall furnish to the Trustee, with a copy to the Owner Trustee for distribution deliver to each Person who at any time during the calendar year was a Holder of the GP Interest 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 Holder of the GP InterestResidual Certificateholder. Such obligation of the Servicer Trustee shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided prepared and furnished to Certificateholders by the Servicer Trustee 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: Pooling and Servicing Agreement (Financial Asset Sec Corp Asset Back Certs Ser 2003-2)