Annual Statements of Compliance. Within 90 days after December 31 of each year, the Servicer at its own expense shall deliver to the Certificate Administrator, with a copy to the Trustee and the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the Servicer during the preceding calendar year and of performance under this Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled its obligations under this Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's most recently ended calendar year and its performance under its Subservicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Servicer to the Certificateholders upon request or by the Certificate Administrator at the expense of the Servicer should the Servicer fail to provide such copies.
Appears in 6 contracts
Samples: Pooling and Servicing Agreement (Residential Asset Funding Corp), Pooling and Servicing Agreement (Novastar Mortgage Funding Corp), Pooling and Servicing Agreement (Novastar Mortgage Funding Corp)
Annual Statements of Compliance. Within 90 days after December 31 No later than March 1 of each year, commencing in March 2005, the Master Servicer at its own expense shall deliver to the Certificate AdministratorIndenture Trustee, with a copy to the Trustee and the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the Master Servicer during the preceding calendar year and of performance under this Servicing Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Servicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Master Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's most recently ended calendar year on or prior to December 31 of the preceding year and its performance under its Subservicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Servicing Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Master Servicer to the Certificateholders Bondholders upon request or by the Certificate Administrator Indenture Trustee at the expense of the Master Servicer should the Master Servicer fail to provide such copies.
Appears in 6 contracts
Samples: Servicing Agreement (Imh Assets Corp Collateralized Asset Backed Bonds Ser 2004 4), Servicing Agreement (Imh Assets Corp Collateralized Asset Backed Bonds Ser 2004 3), Servicing Agreement (Impac CMP Trust Series 2004-5)
Annual Statements of Compliance. Within 90 days after December 31 of each year, the Servicer at its own expense shall deliver to the Certificate Administrator, with a copy to the Trustee and the Rating Agencies, an Officer's Officers’ Certificate stating, as to the signer thereof, that (i) a review of the activities of the Servicer during the preceding calendar year and of performance under this Agreement has been made under such officer's ’s supervision, (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled its obligations under this Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's ’s most recently ended calendar year and its performance under its Subservicing Agreement has been made under such officer's ’s supervision; and (iv) to the best of the Servicing Officer's ’s knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Servicer to the Certificateholders upon request or by the Certificate Administrator Trustee at the expense of the Servicer should the Servicer fail to provide such copies.
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (NovaStar Mortgage Funding Trust, Series 2004-4), Pooling and Servicing Agreement (NovaStar Mortgage Funding Trust, Series 2005-1), Pooling and Servicing Agreement (NovaStar Mortgage Funding Trust, Series 2005-2)
Annual Statements of Compliance. Within 90 days after December 31 No later than March 1 of each year, commencing in March 2006, the Master Servicer at its own expense shall deliver to the Certificate AdministratorIndenture Trustee, with a copy to the Trustee Bond Insurer and the Rating Agencies, an Officer's ’s Certificate stating, as to the signer thereof, that (i) a review of the activities of the Master Servicer during the preceding calendar year and of performance under this Servicing Agreement has been made under such officer's ’s supervision, (ii) to the best of such officer's ’s knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Servicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Master Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's ’s most recently ended calendar year on or prior to December 31 of the preceding year and its performance under its Subservicing Agreement has been made under such officer's ’s supervision; and (iv) to the best of the Servicing Officer's ’s knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Servicing Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Master Servicer to the Certificateholders Bondholders upon request or by the Certificate Administrator Indenture Trustee at the expense of the Master Servicer should the Master Servicer fail to provide such copies.
Appears in 4 contracts
Samples: Servicing Agreement (IMH Assets Corp., Collateralized Asset-Backed Bonds, Series 2005-6), Servicing Agreement (IMPAC CMB Trust Series 2005-5), Servicing Agreement (IMPAC CMB Trust Series 2005-5)
Annual Statements of Compliance. Within 90 days after December 31 No later than March 1 of each year, commencing in March 2004, the Master Servicer at its own expense shall deliver to the Certificate AdministratorIndenture Trustee, with a copy to the Trustee Bond Insurer and the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the Master Servicer during the preceding calendar year and of performance under this Servicing Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Servicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Master Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's most recently ended calendar year on or prior to December 31 of the preceding year and its performance under its Subservicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Servicing Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Master Servicer to the Certificateholders Bondholders upon request or by the Certificate Administrator Indenture Trustee at the expense of the Master Servicer should the Master Servicer fail to provide such copies.
Appears in 4 contracts
Samples: Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2003 7), Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2003-6), Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2003-4)
Annual Statements of Compliance. Within 90 days after December 31 of each year, the Servicer at its own expense shall deliver to the Certificate Administrator, with a copy to the Trustee and the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the Servicer during the preceding calendar year and of performance under this Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled its obligations under this Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's most recently ended calendar year and its performance under its Subservicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Servicer to the Certificateholders upon request or by the Certificate Administrator Trustee at the expense of the Servicer should the Servicer fail to provide such copies.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Novastar Home Equity Loan Asset Backed Cert Series 2003-3), Pooling and Servicing Agreement (Novastar Mortgage Funding Corp Home Equity Loan Ser 2003-4), Pooling and Servicing Agreement (Novastar Mortgage Funding Corp Home Eq Ln as Bk Ce Se 03 1)
Annual Statements of Compliance. Within 90 120 days after December 31 of each year, beginning with December 31, 1998, the Master Servicer at its own expense shall deliver to the Certificate AdministratorIndenture Trustee, with a copy to the Trustee Note Insurer and the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the Master Servicer during the preceding calendar year and of performance under this Servicing Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Master Servicer has fulfilled its obligations under this Servicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Master Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's most recently ended calendar year and its performance under its Subservicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Servicing Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Master Servicer to the Certificateholders Noteholders upon request or by the Certificate Administrator Indenture Trustee at the expense of the Master Servicer should the Master Servicer fail to provide such copies.
Appears in 4 contracts
Samples: Servicing Agreement (Merrill Lynch Mortgage Investors Inc), Servicing Agreement (Merrill Lynch Mortgage Investors Inc), Servicing Agreement (Pacificamerica Money Center Inc)
Annual Statements of Compliance. Within 90 days after December 31 No later than March 15 of each year, commencing in March 2005, the Servicer HELOC Subservicer at its own expense shall deliver to the Certificate Administrator, with a copy to the Trustee and the Rating AgenciesHELOC Master Servicer, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the Servicer HELOC Subservicer during the preceding calendar year and of performance under this HELOC Subservicing Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Servicer HELOC Subservicer has fulfilled all its obligations under this HELOC Subservicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Servicer HELOC Subservicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's most recently ended calendar year on or prior to December 31 of the preceding year and its performance under its Subservicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this HELOC Subservicing Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Servicer HELOC Subservicer to the Certificateholders HELOC Master Servicer upon request or by the Certificate Administrator at the expense of the Servicer should the Servicer fail to provide such copiesrequest.
Appears in 3 contracts
Samples: Servicing Agreement (American Home Mortgage Investment Trust 2004-4), Servicing Agreement (American Home Mortgage Investment Trust 2004-4), Servicing Agreement (American Home Mortgage Investment Trust 2004-4)
Annual Statements of Compliance. Within 90 days after December 31 No later than March 15 of each year, commencing in March 2005, the HELOC Master Servicer at its own expense shall deliver to the Certificate AdministratorIndenture Trustee, with a copy to the Trustee Insurer and the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the HELOC Master Servicer during the preceding calendar year and of performance under this Servicing Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the HELOC Master Servicer has fulfilled all its obligations under this Servicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the HELOC Master Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's most recently ended calendar year on or prior to December 31 of the preceding year and its performance under its Subservicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Servicing Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the HELOC Master Servicer to the Certificateholders Class VII-A Noteholders upon request or by the Certificate Administrator Indenture Trustee at the expense of the HELOC Master Servicer should the HELOC Master Servicer fail to provide such copies.
Appears in 3 contracts
Samples: Servicing Agreement (American Home Mortgage Investment Trust 2004-4), Servicing Agreement (American Home Mortgage Investment Trust 2004-4), Servicing Agreement (American Home Mortgage Investment Trust 2004-4)
Annual Statements of Compliance. Within 90 days after December 31 No later than March 1 of each year, commencing in March 2005, the Master Servicer at its own expense shall deliver to the Certificate AdministratorIndenture Trustee, with a copy to the Trustee Bond Insurer and the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the Master Servicer during the preceding calendar year and of performance under this Servicing Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Servicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Master Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's most recently ended calendar year on or prior to December 31 of the preceding year and its performance under its Subservicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Servicing Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Master Servicer to the Certificateholders Bondholders upon request or by the Certificate Administrator Indenture Trustee at the expense of the Master Servicer should the Master Servicer fail to provide such copies.
Appears in 3 contracts
Samples: Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2004-9), Servicing Agreement (IMPAC CMB Trust SERIES 2004-6), Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2004-7)
Annual Statements of Compliance. Within 90 120 days after December 31 of each year, commencing December 2002, the Master Servicer at its own expense shall deliver to the Certificate AdministratorIndenture Trustee, with a copy to the Trustee Bond Insurer and the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the Master Servicer during the preceding calendar year and of performance under this Servicing Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Servicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Master Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's most recently ended calendar year on or prior to such December 31 and its performance under its Subservicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Servicing Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Master Servicer to the Certificateholders Bondholders upon request or by the Certificate Administrator Indenture Trustee at the expense of the Master Servicer should the Master Servicer fail to provide such copies.
Appears in 3 contracts
Samples: Servicing Agreement (Imh Assets Corp), Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2002-5), Servicing Agreement (Collateralized Asset-Backed Bonds Series 2002-3)
Annual Statements of Compliance. Within 90 75 days after December 31 of each year, beginning in 2007, the Servicer at its own expense shall deliver to the Certificate AdministratorTrustee, with a copy to the Trustee Depositor and the Rating Agencies, an Officer's ’s Certificate of the Servicer (an “Annual Statement of Compliance”) stating, as to the signer thereof, that (i) a review of the activities of the Servicer during the preceding calendar year and of performance under this Agreement has been made under such officer's ’s supervision, (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled its obligations under this Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's ’s most recently ended calendar year and its performance under its Subservicing Agreement has been made under such officer's ’s supervision; and (iv) to the best of the Servicing Officer's ’s knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Servicer to the Certificateholders upon request or by the Certificate Administrator Trustee at the expense of the Servicer should the Servicer fail to provide such copies. Such Annual Statement of Compliance shall contain no restrictions or limitations on its use. In the event that the Servicer has delegated any servicing responsibilities with respect to the Mortgage Loans to a Subservicer or subcontractor that meets the criteria in Item 1108(a)(2)(i) through (iii) of Regulation AB, the Servicer shall cause the related Subservicer or subcontractor (as the case may be) to deliver a similar Annual Statement of Compliance by that Subservicer or subcontractor to the Trustee, the Depositor and the Rating Agencies as described above as and when required with respect to such servicer. To the extent that the Trustee does not receive any such similar Annual Statement of Compliance from a Subservicer or subcontractor (as the case may be), it shall be entitled to assume no such Subservicer or subcontractor has been used by the Servicer.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (NovaStar Certificates Financing CORP), Pooling and Servicing Agreement (NovaStar Certificates Financing CORP), Pooling and Servicing Agreement (NovaStar Certificates Financing CORP)
Annual Statements of Compliance. Within 90 75 days after December 31 of each year, beginning in 2008, the Servicer at its own expense shall deliver to the Certificate AdministratorTrustee, with a copy to the Trustee Depositor and the Rating Agencies, an Officer's ’s Certificate of the Servicer (an “Annual Statement of Compliance”) stating, as to the signer thereof, that (i) a review of the activities of the Servicer during the preceding calendar year and of performance under this Agreement has been made under such officer's ’s supervision, (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled its obligations under this Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's ’s most recently ended calendar year and its performance under its Subservicing Agreement has been made under such officer's ’s supervision; and (iv) to the best of the Servicing Officer's ’s knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Servicer to the Certificateholders upon request or by the Certificate Administrator Trustee at the expense of the Servicer should the Servicer fail to provide such copies. Such Annual Statement of Compliance shall contain no restrictions or limitations on its use. In the event that the Servicer has delegated any servicing responsibilities with respect to the Mortgage Loans to a Subservicer or subcontractor that meets the criteria in Item 1108(a)(2)(i) through (iii) of Regulation AB, the Servicer shall cause the related Subservicer or subcontractor (as the case may be) to deliver a similar Annual Statement of Compliance by that Subservicer or subcontractor to the Trustee, the Depositor and the Rating Agencies as described above as and when required with respect to such servicer. To the extent that the Trustee does not receive any such similar Annual Statement of Compliance from a Subservicer or subcontractor (as the case may be), it shall be entitled to assume no such Subservicer or subcontractor has been used by the Servicer.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Novastar Mortgage Funding Trust, Series 2007-1), Pooling and Servicing Agreement (NovaStar Certificates Financing CORP), Pooling and Servicing Agreement (Novastar Mortgage Funding Trust, Series 2007-1)
Annual Statements of Compliance. Within 90 days after December 31 No later than March 15 of each year, commencing in March 2005, the RMBS Master Servicer at its own expense shall deliver to the Certificate AdministratorIndenture Trustee, with a copy to the Trustee and the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the RMBS Master Servicer during the preceding calendar year and of performance under this Servicing Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the RMBS Master Servicer has fulfilled all its obligations under this Servicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the RMBS Master Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's most recently ended calendar year on or prior to December 31 of the preceding year and its performance under its Subservicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Servicing Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the RMBS Master Servicer to the Certificateholders Noteholders upon request or by the Certificate Administrator Indenture Trustee at the expense of the RMBS Master Servicer should the RMBS Master Servicer fail to provide such copies.
Appears in 3 contracts
Samples: Servicing Agreement (American Home Mortgage Investment Trust 2004-4), Servicing Agreement (American Home Mortgage Investment Trust 2004-4), Servicing Agreement (American Home Mortgage Investment Trust 2004-4)
Annual Statements of Compliance. Within 90 120 days after December 31 of each year, commencing December 2001, the Master Servicer at its own expense shall deliver to the Certificate AdministratorIndenture Trustee, with a copy to the Trustee and the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the Master Servicer during the preceding calendar year and of performance under this Servicing Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Servicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Master Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's most recently ended calendar year on or prior to such December 31 and its performance under its Subservicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Servicing Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Master Servicer to the Certificateholders Bondholders upon request or by the Certificate Administrator Indenture Trustee at the expense of the Master Servicer should the Master Servicer fail to provide such copies.
Appears in 3 contracts
Samples: Servicing Agreement (Imh Assets Corp), Servicing Agreement (Imh Assets Corp), Servicing Agreement (Imh Assets Corp)
Annual Statements of Compliance. Within 90 days after December 31 Not later than the earlier of (a) March 15 of each yearcalendar year (other than the calendar year during which the Closing Date occurs) or (b) with respect to any calendar year during which the Depositor's annual report on Form 10-K is required to be filed in accordance with the Exchange Act and the rules and regulations of the Commission, 15 Business Days before the date on which the Depositor's annual report on Form 10-K is required to be filed in accordance with the Exchange Act and the rules and regulations of the Commission (or, in each case, if such day is not a Business Day, the immediately preceding Business Day), the Master Servicer at its own expense shall deliver to the Certificate AdministratorIndenture Trustee, with a copy to the Trustee and the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the Master Servicer during the preceding calendar year and of performance under this Servicing Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Servicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Master Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's most recently ended calendar year on or prior to December 31 of the preceding year and its performance under its Subservicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Servicing Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Master Servicer to the Certificateholders Bondholders upon request or by the Certificate Administrator Indenture Trustee at the expense of the Master Servicer should the Master Servicer fail to provide such copies.
Appears in 2 contracts
Samples: Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2003-5), Servicing Agreement (Impac CMB Trust Collaterlized Ab Bond Series 2003-3)
Annual Statements of Compliance. Within 90 days after December 31 No later than March 15 of each year, commencing in March 2005, the Master Servicer at its own expense shall deliver to the Certificate AdministratorIndenture Trustee, with a copy to the Trustee and the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the Master Servicer during the preceding calendar year and of performance under this Servicing Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Servicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Master Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's most recently ended calendar year on or prior to December 31 of the preceding year and its performance under its Subservicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Servicing Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Master Servicer to the Certificateholders Noteholders upon request or by the Certificate Administrator Indenture Trustee at the expense of the Master Servicer should the Master Servicer fail to provide such copies.
Appears in 2 contracts
Samples: Servicing Agreement (American Home Mortgage Investment Trust 2004-3), Servicing Agreement (American Home Mortgage Investment Trust 2004-2)
Annual Statements of Compliance. Within 90 120 days after December 31 of each year, commencing December 1998, the Master Servicer at its own expense shall deliver to the Certificate AdministratorIndenture Trustee, with a copy to the Trustee and the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the Master Servicer during the preceding calendar year and of performance under this Servicing Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Servicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Master Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's most recently ended calendar year on or prior to such December 31 and its performance under its Subservicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Servicing Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Master Servicer to the Certificateholders Bondholders upon request or by the Certificate Administrator Indenture Trustee at the expense of the Master Servicer should the Master Servicer fail to provide such copies.
Appears in 2 contracts
Samples: Servicing Agreement (Imh Assets Corp), Servicing Agreement (Impac CMB Trust Series 1998-2)
Annual Statements of Compliance. (a) Within 90 days after December 31 of each year, the Servicer at its own expense shall deliver to the Certificate AdministratorTrustee, with a copy to the Trustee Class A-1 Insurer and the Rating Agencies, an Officer's Officers’ Certificate stating, as to the signer thereof, that (i) a review of the activities of the Servicer during the preceding calendar year and of performance under this Agreement has been made under such officer's ’s supervision, (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled its obligations under this Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's ’s most recently ended calendar year and its performance under its Subservicing Agreement has been made under such officer's ’s supervision; and (iv) to the best of the Servicing Officer's ’s knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Servicer to the Certificateholders upon request or by the Certificate Administrator Trustee at the expense of the Servicer should the Servicer fail to provide such copies.
(b) The Servicer and the Trustee will deliver to the Issuing Entity, the Rating Agencies and the Sponsor on or before March 1st of each year, beginning March 1st, 20[ ], an Officer’s Certificate (an “Annual Statement of Compliance”) stating, as to each signatory thereof, that (a) a review of the activities of each such party, during the preceding calendar year and of its performance under this Agreement has been made under such officer’s supervision and (b) to the best of such officers’ knowledge, based on such review, each such party has fulfilled all of its material obligations under this Agreement in all material respects throughout such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. Such Annual Statement of Compliance shall contain no restrictions or limitations on its use. In the event that the Trustee or the Servicer has delegated any servicing responsibilities with respect to the Mortgage Loans to a subservicer or subcontractor that meets the criteria in Item 1108(a)(2)(i) through (iii) of Regulation AB, the Servicer, the Trustee or the related servicer (as the case may be) shall deliver a similar Annual Statement of Compliance by that subservicer or subcontractor to the Trustee as described above as and when required with respect to the servicer.
(c) The Servicer shall service and administer the Mortgage Loans in accordance with all applicable requirements of the Servicing Criteria. Pursuant to Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB, [the Trustee] (the “Attesting Party”) shall deliver to the Servicer on or before March 10th (with a 5 calendar day cure period) of each calendar year beginning in 2007, a report regarding such Attesting Party’s assessment of compliance (an “Assessment of Compliance”) with the Servicing Criteria during the preceding calendar year. The Assessment of Compliance, as set forth in Regulation AB, must contain the following:
(i) A statement by such officer of its responsibility for assessing compliance with the Servicing Criteria applicable to the related Attesting Party;
(ii) A statement by such officer that such Attesting Party used the Servicing Criteria attached as Exhibit [ ] hereto, and which will also be attached to the Assessment of Compliance, to assess compliance with the Servicing Criteria applicable to the related Attesting Party;
(iii) An assessment by such officer of the related Attesting Party’s compliance with the applicable Servicing Criteria for the period consisting of the preceding calendar year, including disclosure of any material instance of noncompliance with respect thereto during such period, which assessment shall be based on the activities such Attesting Party performs with respect to asset-backed securities transactions taken as a whole involving the Servicer, that are backed by the same asset type as the Mortgage Loans;
(iv) A statement that a registered public accounting firm has issued an attestation report on the related Attesting Party’s Assessment of Compliance for the period consisting of the preceding calendar year; and
(v) A statement as to which of the Servicing Criteria, if any, are not applicable to such Attesting Party, which statement shall be based on the activities such Attesting Party performs with respect to asset-backed securities transactions taken as a whole involving such Attesting Party, that are backed by the same asset type as the Mortgage Loans. Such report at a minimum shall address each of the Servicing Criteria specified on Exhibit [ ] hereto which are indicated as applicable to the related Attesting Party. On or before March 1st of each calendar year beginning in 20[ ], each Attesting Party specified in this Section shall furnish to the Trustee and the Depositor a report (an “Attestation Report”) by a registered public accounting firm that attests to, and reports on, the Assessment of Compliance made by the Servicer, as required by Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122(b) of Regulation AB, which Attestation Report must be made in accordance with standards for attestation reports issued or adopted by the Public Depositor Accounting Oversight Board. The Servicer [or the Trustee, as the case may be] shall cause any subservicer, and each subcontractor determined by the it to be “participating in the servicing function” within the meaning of Item 1122 of Regulation AB, to deliver to the Trustee and the Depositor an Assessment of Compliance and Attestation Report as and when provided above along with an indication of what Servicing Criteria are addressed in such assessment. Such Assessment of Compliance, as to any subservicer, shall at a minimum address each of the Servicing Criteria specified on Exhibit [ ] hereto which are indicated as applicable to any “primary servicer.” The Trustee shall confirm that the assessments, taken as a whole, address all of the Servicing Criteria and taken individually address the Servicing Criteria for each party as set forth on Exhibit [ ] and notify the Depositor of any exceptions. Notwithstanding the foregoing, as to any subcontractor (as defined in the related servicing agreement), an Assessment of Compliance is not required to be delivered unless it is required as part of a Form 10-K with respect to the Issuing Entity. [The Trustee shall also provide an Assessment of Compliance and Attestation Report, as and when provided above, which shall at a minimum address each of the Servicing Criteria specified on Exhibit [ ] hereto which are indicated as applicable to the “Trustee.” In addition, the Trustee shall deliver to the Sponsor and the Depositor an Assessment of Compliance and Attestation Report, as and when provided above, which shall at a minimum address each of the Servicing Criteria specified on Exhibit [ ] hereto which are indicated as applicable to a “custodian.”]
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (NovaStar Certificates Financing LLC), Pooling and Servicing Agreement (NovaStar Certificates Financing CORP)
Annual Statements of Compliance. Within 90 75 days after December 31 of each year, beginning in 2007, the Servicer at its own expense shall deliver to the Certificate Administrator, with a copy to the Trustee and the Rating Agencies, an Officer's ’s Certificate of the Servicer (an “Annual Statement of Compliance”) stating, as to the signer thereof, that (i) a review of the activities of the Servicer during the preceding calendar year and of performance under this Agreement has been made under such officer's ’s supervision, (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled its obligations under this Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's ’s most recently ended calendar year and its performance under its Subservicing Agreement has been made under such officer's ’s supervision; and (iv) to the best of the Servicing Officer's ’s knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Servicer to the Certificateholders upon request or by the Certificate Administrator Trustee at the expense of the Servicer should the Servicer fail to provide such copies. Such Annual Statement of Compliance shall contain no restrictions or limitations on its use. In the event that the Servicer has delegated any servicing responsibilities with respect to the Mortgage Loans to a Subservicer or subcontractor that meets the criteria in Item 1108(a)(2)(i) through (iii) of Regulation AB, the Servicer shall cause the related Subservicer or subcontractor (as the case may be) to deliver a similar Annual Statement of Compliance by that Subservicer or subcontractor to the Trustee and the Rating Agencies as described above as and when required with respect to such servicer. To the extent that the Trustee does not receive any such similar Annual Statement of Compliance from a Subservicer or subcontractor (as the case may be) it shall be entitled to assume no such Subservicer or subcontractor has been used by the Servicer.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (NovaStar Certificates Financing CORP), Pooling and Servicing Agreement (NovaStar Certificates Financing CORP)
Annual Statements of Compliance. Within 90 days after December 31 No later than March 1 of each year, commencing March 2003, the Master Servicer at its own expense shall deliver to the Certificate AdministratorIndenture Trustee, with a copy to the Trustee and the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, ; that (i) a review of the activities of the Master Servicer during the preceding calendar year and of performance under this Servicing Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Servicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Master Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's most recently ended calendar year on or prior to December 31 of the preceding year and its performance under its Subservicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has Officerhas reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Servicing Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Master Servicer to the Certificateholders Bondholders upon request or by the Certificate Administrator Indenture Trustee at the expense of the Master Servicer should the Master Servicer fail to provide such copies.
Appears in 2 contracts
Samples: Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2002 9f), Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2002 9f)
Annual Statements of Compliance. Within 90 120 days after December 31 of each year, the Servicer at its own expense shall deliver to the Certificate AdministratorIndenture Trustee, with a copy to the Trustee Bond Insurer and the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the Servicer during the preceding calendar year and of performance under this Servicing Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled its obligations under this Servicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's most recently ended calendar year and its performance under its Subservicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Servicing Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Servicer to the Certificateholders Bondholders upon request or by the Certificate Administrator Indenture Trustee at the expense of the Servicer should the Servicer fail to provide such copies.
Appears in 2 contracts
Samples: Servicing Agreement (Novastar Mortgage Funding Corp), Servicing Agreement (Merrill Lynch Mortgage Investors Inc)
Annual Statements of Compliance. Within 90 120 days after December 31 of each year, commencing December 1999, the Master Servicer at its own expense shall deliver to the Certificate AdministratorIndenture Trustee, with a copy to the Trustee Bond Insurer and the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the Master Servicer during the preceding calendar year and of performance under this Servicing Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Servicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Master Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's most recently ended calendar year on or prior to such December 31 and its performance under its Subservicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Servicing Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Master Servicer to the Certificateholders Bondholders upon request or by the Certificate Administrator Indenture Trustee at the expense of the Master Servicer should the Master Servicer fail to provide such copies.
Appears in 2 contracts
Samples: Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 1999-1), Servicing Agreement (Imh Assets Corp Collateralized Asset-Backed BDS Ser 1999-2)
Annual Statements of Compliance. Within 90 days after December 31 of each year, the Servicer at its own expense shall deliver to the Certificate Bond Administrator, with a copy to the Bond Insurer and the Indenture Trustee and the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the Servicer during the preceding calendar year and of performance under this Servicing Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled its obligations under this Servicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's most recently ended calendar year and its performance under its Subservicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Servicing Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Servicer to the Certificateholders Bondholders upon request or by the Certificate Bond Administrator at the expense of the Servicer should the Servicer fail to provide such copies.
Appears in 2 contracts
Samples: Servicing Agreement (Residential Asset Funding Corp), Servicing Agreement (Novastar Mortgage Funding Corp)
Annual Statements of Compliance. Within 90 days after December 31 No later than March 1 of each year, commencing in March 2003, the Master Servicer at its own expense shall deliver to the Certificate AdministratorIndenture Trustee, with a copy to the Trustee Bond Insurer and the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the Master Servicer during the preceding calendar year and of performance under this Servicing Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Servicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Master Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's most recently ended calendar year on or prior to December 31 of the preceding year and its performance under its Subservicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Servicing Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Master Servicer to the Certificateholders Bondholders upon request or by the Certificate Administrator Indenture Trustee at the expense of the Master Servicer should the Master Servicer fail to provide such copies.
Appears in 2 contracts
Samples: Servicing Agreement (Impac CMB Trust Series 2002-8), Servicing Agreement (Imh Assets Corp Impact CMB Trust Series 2002-7)
Annual Statements of Compliance. Within 90 120 days after December 31 of each year, commencing December 1998, the Master Servicer at its own expense shall deliver to the Certificate AdministratorIndenture Trustee, with a copy to the Trustee and the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the Master Servicer during the preceding calendar year and of performance under this Servicing Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Servicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Master Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's most recently ended calendar year on or prior to such December 31 and its performance under its Subservicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Servicing Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Master Servicer to the Certificateholders Noteholders upon written request or by the Certificate Administrator Indenture Trustee at the expense of the Master Servicer should the Master Servicer fail to provide such copies.
Appears in 2 contracts
Samples: Servicing Agreement (Southern Pacific Secured Assets Corp), Servicing Agreement (Impac Secured Assets CMN Trust Series 1998-1)
Annual Statements of Compliance. (a) Within 90 75 days after December 31 of each year, beginning in 200[ ], the Servicer at its own expense shall deliver to the Certificate Administrator, with a copy to the Indenture Trustee and the Rating Agencies, an Officer's Certificate Officers’ Note stating, as to the signer thereof, that (i) a review of the activities of the Servicer during the preceding calendar year and of performance under this Agreement has been made under such officer's ’s supervision, (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled its obligations under this Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's ’s most recently ended calendar year and its performance under its Subservicing Agreement has been made under such officer's ’s supervision; and (iv) to the best of the Servicing Officer's ’s knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Servicer to the Certificateholders Noteholders upon request or by the Certificate Administrator Indenture Trustee at the expense of the Servicer should the Servicer fail to provide such copies.
(b) The Servicer and the Indenture Trustee will deliver to the Issuing Entity, the Rating Agencies and the Sponsor on or before March 1st of each year, beginning March 1st,
(c) The Servicer shall service and administer the Mortgage Loans in accordance with all applicable requirements of the Servicing Criteria. Pursuant to Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB, [the Indenture Trustee] (the “Attesting Party”) shall deliver to the Servicer on or before March 10th (with a 5 calendar day cure period) of each calendar year beginning in 2007, a report regarding such Attesting Party’s assessment of compliance (an “Assessment of Compliance”) with the Servicing Criteria during the preceding calendar year. The Assessment of Compliance, as set forth in Regulation AB, must contain the following:
(i) A statement by such officer of its responsibility for assessing compliance with the Servicing Criteria applicable to the related Attesting Party;
(ii) A statement by such officer that such Attesting Party used the Servicing Criteria attached as Exhibit [__] hereto, and which will also be attached to the Assessment of Compliance, to assess compliance with the Servicing Criteria applicable to the related Attesting Party;
(iii) An assessment by such officer of the related Attesting Party’s compliance with the applicable Servicing Criteria for the period consisting of the preceding calendar year, including disclosure of any material instance of noncompliance with respect thereto during such period, which assessment shall be based on the activities such Attesting Party performs with respect to asset-backed securities transactions taken as a whole involving the Servicer, that are backed by the same asset type as the Mortgage Loans;
(iv) A statement that a registered public accounting firm has issued an attestation report on the related Attesting Party’s Assessment of Compliance for the period consisting of the preceding calendar year; and
(v) A statement as to which of the Servicing Criteria, if any, are not applicable to such Attesting Party, which statement shall be based on the activities such Attesting Party performs with respect to asset-backed securities transactions taken as a whole involving such Attesting Party, that are backed by the same asset type as the Mortgage Loans. Such report at a minimum shall address each of the Servicing Criteria specified on Exhibit [__] hereto which are indicated as applicable to the related Attesting Party. On or before March 1st of each calendar year beginning in 20[__], each Attesting Party specified in this Section shall furnish to the Indenture Trustee and the Depositor a report (an “Attestation Report”) by a registered public accounting firm that attests to, and reports on, the Assessment of Compliance made by the Servicer, as required by Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122(b) of Regulation AB, which Attestation Report must be made in accordance with standards for attestation reports issued or adopted by the Public Company Accounting Oversight Board. The Servicer [or the Indenture Trustee, as the case may be] shall cause any subservicer, and each subcontractor determined by the it to be “participating in the servicing function” within the meaning of Item 1122 of Regulation AB, to deliver to the Indenture Trustee and the Depositor an Assessment of Compliance and Attestation Report as and when provided above along with an indication of what Servicing Criteria are addressed in such assessment. Such Assessment of Compliance, as to any subservicer, shall at a minimum address each of the Servicing Criteria specified on Exhibit [__] hereto which are indicated as applicable to any “primary servicer.” The Indenture Trustee shall confirm that the assessments, taken as a whole, address all of the Servicing Criteria and taken individually address the Servicing Criteria for each party as set forth on Exhibit [__] and notify the Depositor of any exceptions. Notwithstanding the foregoing, as to any subcontractor (as defined in the related servicing agreement), an Assessment of Compliance is not required to be delivered unless it is required as part of a Form 10-K with respect to the Issuing Entity. [The Indenture Trustee shall also provide an Assessment of Compliance and Attestation Report, as and when provided above, which shall at a minimum address each of the Servicing Criteria specified on Exhibit [__] hereto which are indicated as applicable to the “Indenture Trustee.” In addition, the Indenture Trustee shall deliver to the Sponsor and the Depositor an Assessment of Compliance and Attestation Report, as and when provided above, which shall at a minimum address each of the Servicing Criteria specified on Exhibit [__] hereto which are indicated as applicable to a “custodian.”]
Appears in 2 contracts
Samples: Sale and Servicing Agreement (NovaStar Certificates Financing LLC), Sale and Servicing Agreement (NovaStar Certificates Financing CORP)
Annual Statements of Compliance. Within 90 120 days after December 31 of each year, commencing December 2000, the Master Servicer at its own expense shall deliver to the Certificate AdministratorIndenture Trustee, with a copy to the Trustee Bond Insurer and the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the Master Servicer during the preceding calendar year and of performance under this Servicing Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Servicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Master Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's most recently ended calendar year on or prior to such December 31 and its performance under its Subservicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Servicing Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Master Servicer to the Certificateholders Bondholders upon request or by the Certificate Administrator Indenture Trustee at the expense of the Master Servicer should the Master Servicer fail to provide such copies.
Appears in 2 contracts
Samples: Servicing Agreement (Imh Assets Corp Collateralized Asset Backed Bonds Ser 2000 1), Servicing Agreement (Imh Assets Corp)
Annual Statements of Compliance. Within 90 days after December 31 No later than March 15 of each year, commencing in March 2006, the Servicer at its own expense shall deliver to the Certificate AdministratorDepositor and the Master Servicer, with a copy to the Trustee Securities Administrator and the Rating Agencies, an Officer's ’s Certificate stating, as to the signer thereof, that (i) a review of the activities of the Servicer during the preceding calendar year and of performance under this Servicing Agreement has been made under such officer's ’s supervision, (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Servicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's ’s most recently ended calendar year on or prior to December 31 of the preceding year and its performance under its Subservicing Agreement has been made under such officer's ’s supervision; and (iv) to the best of the Servicing Officer's ’s knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Servicing Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Servicer to the Certificateholders upon request or by the Certificate Administrator at the expense of the Servicer should the Servicer fail to provide such copiesrequest.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2005-1), Pooling and Servicing Agreement (American Home Mortgage Assets Trust 2005-2)
Annual Statements of Compliance. (a) Within 90 75 days after December 31 of each year, beginning in 200[ ], the Servicer at its own expense shall deliver to the Certificate Administrator, with a copy to the Trustee and the Rating Agencies, an Officer's Officers’ Certificate stating, as to the signer thereof, that (i) a review of the activities of the Servicer during the preceding calendar year and of performance under this Agreement has been made under such officer's ’s supervision, (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled its obligations under this Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's ’s most recently ended calendar year and its performance under its Subservicing Agreement has been made under such officer's ’s supervision; and (iv) to the best of the Servicing Officer's ’s knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Servicer to the Certificateholders upon request or by the Certificate Administrator Trustee at the expense of the Servicer should the Servicer fail to provide such copies.
(b) The Servicer and the Trustee will deliver to the Issuing Entity, the Rating Agencies and the Sponsor on or before March 1st of each year, beginning March 1st, 20[__], an Officer’s Certificate (an “Annual Statement of Compliance”) stating, as to each signatory thereof, that (a) a review of the activities of each such party, during the preceding calendar year and of its performance under this Agreement has been made under such officer’s supervision and (b) to the best of such officers’ knowledge, based on such review, each such party has fulfilled all of its material obligations under this Agreement in all material respects throughout such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. Such Annual Statement of Compliance shall contain no restrictions or limitations on its use. In the event that the Trustee or the Servicer has delegated any servicing responsibilities with respect to the Mortgage Loans to a subservicer or subcontractor that meets the criteria in Item 1108(a)(2)(i) through (iii) of Regulation AB, the Servicer, the Trustee or the related servicer (as the case may be) shall deliver a similar Annual Statement of Compliance by that subservicer or subcontractor to the Trustee as described above as and when required with respect to the servicer.
(c) The Servicer shall service and administer the Mortgage Loans in accordance with all applicable requirements of the Servicing Criteria. Pursuant to Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB, [the Trustee] (the “Attesting Party”) shall deliver to the Servicer on or before March 10th (with a 5 calendar day cure period) of each calendar year beginning in 2007, a report regarding such Attesting Party’s assessment of compliance (an “Assessment of Compliance”) with the Servicing Criteria during the preceding calendar year. The Assessment of Compliance, as set forth in Regulation AB, must contain the following:
(i) A statement by such officer of its responsibility for assessing compliance with the Servicing Criteria applicable to the related Attesting Party;
(ii) A statement by such officer that such Attesting Party used the Servicing Criteria attached as Exhibit [__] hereto, and which will also be attached to the Assessment of Compliance, to assess compliance with the Servicing Criteria applicable to the related Attesting Party;
(iii) An assessment by such officer of the related Attesting Party’s compliance with the applicable Servicing Criteria for the period consisting of the preceding calendar year, including disclosure of any material instance of noncompliance with respect thereto during such period, which assessment shall be based on the activities such Attesting Party performs with respect to asset-backed securities transactions taken as a whole involving the Servicer, that are backed by the same asset type as the Mortgage Loans;
(iv) A statement that a registered public accounting firm has issued an attestation report on the related Attesting Party’s Assessment of Compliance for the period consisting of the preceding calendar year; and
(v) A statement as to which of the Servicing Criteria, if any, are not applicable to such Attesting Party, which statement shall be based on the activities such Attesting Party performs with respect to asset-backed securities transactions taken as a whole involving such Attesting Party, that are backed by the same asset type as the Mortgage Loans. Such report at a minimum shall address each of the Servicing Criteria specified on Exhibit [ ] hereto which are indicated as applicable to the related Attesting Party. On or before March 1st of each calendar year beginning in 20[ ], each Attesting Party specified in this Section shall furnish to the Trustee and the Depositor a report (an “Attestation Report”) by a registered public accounting firm that attests to, and reports on, the Assessment of Compliance made by the Servicer, as required by Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122(b) of Regulation AB, which Attestation Report must be made in accordance with standards for attestation reports issued or adopted by the Public Depositor Accounting Oversight Board. The Servicer [or the Trustee, as the case may be] shall cause any subservicer, and each subcontractor determined by the it to be “participating in the servicing function” within the meaning of Item 1122 of Regulation AB, to deliver to the Trustee and the Depositor an Assessment of Compliance and Attestation Report as and when provided above along with an indication of what Servicing Criteria are addressed in such assessment. Such Assessment of Compliance, as to any subservicer, shall at a minimum address each of the Servicing Criteria specified on Exhibit [ ] hereto which are indicated as applicable to any “primary servicer.” The Trustee shall confirm that the assessments, taken as a whole, address all of the Servicing Criteria and taken individually address the Servicing Criteria for each party as set forth on Exhibit [ ] and notify the Depositor of any exceptions. Notwithstanding the foregoing, as to any subcontractor (as defined in the related servicing agreement), an Assessment of Compliance is not required to be delivered unless it is required as part of a Form 10-K with respect to the Issuing Entity. [The Trustee shall also provide an Assessment of Compliance and Attestation Report, as and when provided above, which shall at a minimum address each of the Servicing Criteria specified on Exhibit [ ] hereto which are indicated as applicable to the “Trustee.” In addition, the Trustee shall deliver to the Sponsor and the Depositor an Assessment of Compliance and Attestation Report, as and when provided above, which shall at a minimum address each of the Servicing Criteria specified on Exhibit [ ] hereto which are indicated as applicable to a “custodian.”]
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (NovaStar Certificates Financing CORP), Pooling and Servicing Agreement (NovaStar Certificates Financing LLC)
Annual Statements of Compliance. (a) Within 90 75 days after December 31 of each year, beginning in 200[ ], the Servicer at its own expense shall deliver to the Certificate Administrator, with a copy to the Indenture Trustee and the Rating Agencies, an Officer's Certificate Officers’ Note stating, as to the signer thereof, that (i) a review of the activities of the Servicer during the preceding calendar year and of performance under this Agreement has been made under such officer's ’s supervision, (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled its obligations under this Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's ’s most recently ended calendar year and its performance under its Subservicing Agreement has been made under such officer's ’s supervision; and (iv) to the best of the Servicing Officer's ’s knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Servicer to the Certificateholders Noteholders upon request or by the Certificate Administrator Indenture Trustee at the expense of the Servicer should the Servicer fail to provide such copies.
(b) The Servicer and the Indenture Trustee will deliver to the Issuing Entity, the Rating Agencies and the Sponsor on or before March 1st of each year, beginning March 1st, 20[ ], an Officer’s Note (an “Annual Statement of Compliance”) stating, as to each signatory thereof, that (a) a review of the activities of each such party, during the preceding calendar year and of its performance under this Agreement has been made under such officer’s supervision and (b) to the best of such officers’ knowledge, based on such review, each such party has fulfilled all of its material obligations under this Agreement in all material respects throughout such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof. Such Annual Statement of Compliance shall contain no restrictions or limitations on its use. In the event that the Indenture Trustee or the Servicer has delegated any servicing responsibilities with respect to the Mortgage Loans to a subservicer or subcontractor that meets the criteria in Item 1108(a)(2)(i) through (iii) of Regulation AB, the Servicer, the Indenture Trustee or the related servicer (as the case may be) shall deliver a similar Annual Statement of Compliance by that subservicer or subcontractor to the Indenture Trustee as described above as and when required with respect to the servicer.
(c) The Servicer shall service and administer the Mortgage Loans in accordance with all applicable requirements of the Servicing Criteria. Pursuant to Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122 of Regulation AB, [the Indenture Trustee] (the “Attesting Party”) shall deliver to the Servicer on or before March 10th (with a 5 calendar day cure period) of each calendar year beginning in 2007, a report regarding such Attesting Party’s assessment of compliance (an “Assessment of Compliance”) with the Servicing Criteria during the preceding calendar year. The Assessment of Compliance, as set forth in Regulation AB, must contain the following:
(i) A statement by such officer of its responsibility for assessing compliance with the Servicing Criteria applicable to the related Attesting Party;
(ii) A statement by such officer that such Attesting Party used the Servicing Criteria attached as Exhibit [ ] hereto, and which will also be attached to the Assessment of Compliance, to assess compliance with the Servicing Criteria applicable to the related Attesting Party;
(iii) An assessment by such officer of the related Attesting Party’s compliance with the applicable Servicing Criteria for the period consisting of the preceding calendar year, including disclosure of any material instance of noncompliance with respect thereto during such period, which assessment shall be based on the activities such Attesting Party performs with respect to asset-backed securities transactions taken as a whole involving the Servicer, that are backed by the same asset type as the Mortgage Loans;
(iv) A statement that a registered public accounting firm has issued an attestation report on the related Attesting Party’s Assessment of Compliance for the period consisting of the preceding calendar year; and
(v) A statement as to which of the Servicing Criteria, if any, are not applicable to such Attesting Party, which statement shall be based on the activities such Attesting Party performs with respect to asset-backed securities transactions taken as a whole involving such Attesting Party, that are backed by the same asset type as the Mortgage Loans. Such report at a minimum shall address each of the Servicing Criteria specified on Exhibit [ ] hereto which are indicated as applicable to the related Attesting Party. On or before March 1st of each calendar year beginning in 20[ ], each Attesting Party specified in this Section shall furnish to the Indenture Trustee and the Depositor a report (an “Attestation Report”) by a registered public accounting firm that attests to, and reports on, the Assessment of Compliance made by the Servicer, as required by Rules 13a-18 and 15d-18 of the Exchange Act and Item 1122(b) of Regulation AB, which Attestation Report must be made in accordance with standards for attestation reports issued or adopted by the Public Company Accounting Oversight Board. The Servicer [or the Indenture Trustee, as the case may be] shall cause any subservicer, and each subcontractor determined by the it to be “participating in the servicing function” within the meaning of Item 1122 of Regulation AB, to deliver to the Indenture Trustee and the Depositor an Assessment of Compliance and Attestation Report as and when provided above along with an indication of what Servicing Criteria are addressed in such assessment. Such Assessment of Compliance, as to any subservicer, shall at a minimum address each of the Servicing Criteria specified on Exhibit [ ] hereto which are indicated as applicable to any “primary servicer.” The Indenture Trustee shall confirm that the assessments, taken as a whole, address all of the Servicing Criteria and taken individually address the Servicing Criteria for each party as set forth on Exhibit [ ] and notify the Depositor of any exceptions. Notwithstanding the foregoing, as to any subcontractor (as defined in the related servicing agreement), an Assessment of Compliance is not required to be delivered unless it is required as part of a Form 10-K with respect to the Issuing Entity. [The Indenture Trustee shall also provide an Assessment of Compliance and Attestation Report, as and when provided above, which shall at a minimum address each of the Servicing Criteria specified on Exhibit [ ] hereto which are indicated as applicable to the “Indenture Trustee.” In addition, the Indenture Trustee shall deliver to the Sponsor and the Depositor an Assessment of Compliance and Attestation Report, as and when provided above, which shall at a minimum address each of the Servicing Criteria specified on Exhibit [ ] hereto which are indicated as applicable to a “custodian.”]
Appears in 2 contracts
Samples: Sale and Servicing Agreement (NovaStar Certificates Financing LLC), Sale and Servicing Agreement (NovaStar Certificates Financing CORP)
Annual Statements of Compliance. Within 90 days after December 31 of each year, the Servicer at its own expense shall deliver to the Certificate AdministratorIndenture Trustee, with a copy to the Trustee Bond Insurer and the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the Servicer during the preceding calendar year and of performance under this Servicing Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled its obligations under this Servicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's most recently ended calendar year and its performance under its Subservicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Servicing Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Servicer to the Certificateholders Bondholders upon request or by the Certificate Administrator Indenture Trustee at the expense of the Servicer should the Servicer fail to provide such copies.
Appears in 2 contracts
Samples: Servicing Agreement (Novastar Mortgage Funding Corp), Servicing Agreement (Novastar Mortgage Funding Corp)
Annual Statements of Compliance. Within 90 days after December 31 No later than March 1 of each year, commencing in March 2005, the Master Servicer at its own expense shall deliver to the Certificate AdministratorIndenture Trustee, with a copy to the Trustee Bond Insurer and the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the Master Servicer during the preceding calendar year and of performance under this Servicing Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Servicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Master Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's most recently ended calendar year on or prior to December 31 of the preceding year and its performance under its Subservicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Servicing Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Master Servicer to the Certificateholders Bondholders upon request or by the Certificate Administrator Indenture Trustee at the expense of the Master Servicer should the Master Servicer fail to provide such copies.
Appears in 2 contracts
Samples: Servicing Agreement (IMPAC CMB Trust Series 2004-10), Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2004-11)
Annual Statements of Compliance. Within 90 days after December 31 No later than March 1 of each year, commencing in March 2006, the Master Servicer at its own expense shall deliver to the Certificate AdministratorIndenture Trustee, with a copy to the Trustee and the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the Master Servicer during the preceding calendar year and of performance under this Servicing Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Servicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Master Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's most recently ended calendar year on or prior to December 31 of the preceding year and its performance under its Subservicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Servicing Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Master Servicer to the Certificateholders Bondholders upon request or by the Certificate Administrator Indenture Trustee at the expense of the Master Servicer should the Master Servicer fail to provide such copies.
Appears in 2 contracts
Samples: Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2005-1), Servicing Agreement (Impac CMB Trust Series 2005-2, Collateralized Asset-Backed Bonds, Series 2005-2)
Annual Statements of Compliance. Within 90 days after December 31 No later than March 1 of each year, commencing in March 2006, the Master Servicer at its own expense shall deliver to the Certificate AdministratorIndenture Trustee, with a copy to the Trustee and the Rating Agencies, an Officer's ’s Certificate stating, as to the signer thereof, that (i) a review of the activities of the Master Servicer during the preceding calendar year and of performance under this Servicing Agreement has been made under such officer's ’s supervision, (ii) to the best of such officer's ’s knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Servicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Master Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's ’s most recently ended calendar year on or prior to December 31 of the preceding year and its performance under its Subservicing Agreement has been made under such officer's ’s supervision; and (iv) to the best of the Servicing Officer's ’s knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Servicing Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Master Servicer to the Certificateholders Bondholders upon request or by the Certificate Administrator Indenture Trustee at the expense of the Master Servicer should the Master Servicer fail to provide such copies.
Appears in 1 contract
Samples: Servicing Agreement (Impac CMB Trust Series 2005-8)
Annual Statements of Compliance. Within 90 days after December 31 No later than March 15 of each year, commencing in March 2006, the Servicer RMBS Subservicer at its own expense shall deliver to the Certificate AdministratorDepositor and the RMBS Master Servicer, with a copy to the Trustee RMBS Servicer and the Rating AgenciesSecurities Administrator, an Officer's ’s Certificate stating, as to the signer thereof, that (i) a review of the activities of the Servicer RMBS Subservicer during the preceding calendar year and of performance under this RMBS Subservicing Agreement has been made under such officer's ’s supervision, (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer RMBS Subservicer has fulfilled all its obligations under this RMBS Subservicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Servicer RMBS Subservicer to remedy such default; (iii) a review of the activities of each Subservicer subservicer during the Subservicer's subservicer’s most recently ended calendar year on or prior to December 31 of the preceding year and its performance under its Subservicing Agreement subservicing agreement has been made under such officer's ’s supervision; and (iv) to the best of the Servicing Officer's ’s knowledge, based on his review and the certification of an officer of the Subservicer subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer subservicer has performed and fulfilled its duties, responsibilities and obligations under this RMBS Subservicing Agreement and its Subservicing Agreement subservicing agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Servicer RMBS Subservicer to the Certificateholders Noteholders upon request or by the Certificate Administrator at the expense of the Servicer should the Servicer fail to provide such copiesrequest.
Appears in 1 contract
Samples: RMBS Subservicing Agreement (American Home Mortgage Investment Trust 2005-4)
Annual Statements of Compliance. Within 90 days after December 31 No later than March 15 of each year, commencing in March 2006, the HELOC Servicer at its own expense shall deliver to the Certificate AdministratorDepositor and the HELOC Back-Up Servicer, with a copy to the Trustee Insurer, the Securities Administrator and the Rating Agencies, an Officer's ’s Certificate stating, as to the signer thereof, that (i) a review of the activities of the HELOC Servicer during the preceding calendar year and of performance under this HELOC Servicing Agreement has been made under such officer's ’s supervision, (ii) to the best of such officer's ’s knowledge, based on such review, the HELOC Servicer has fulfilled all its obligations under this HELOC Servicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the HELOC Servicer to remedy such default; (iii) a review of the activities of each HELOC Subservicer during the HELOC Subservicer's ’s most recently ended calendar year on or prior to December 31 of the preceding year and its performance under its HELOC Subservicing Agreement has been made under such officer's ’s supervision; and (iv) to the best of the Servicing Officer's ’s knowledge, based on his review and the certification of an officer of the HELOC Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each HELOC Subservicer has performed and fulfilled its duties, responsibilities and obligations under this HELOC Servicing Agreement and its HELOC Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the HELOC Servicer to the Certificateholders Class II-A Noteholders upon request or by the Certificate Administrator at the expense of the Servicer should the Servicer fail to provide such copiesrequest.
Appears in 1 contract
Samples: Heloc Servicing Agreement (American Home Mortgage Investment Trust 2005-4)
Annual Statements of Compliance. Within 90 days after December 31 No later than March 1 of each year, commencing March 2003, the Master Servicer at its own expense shall deliver to the Certificate AdministratorIndenture Trustee, with a copy to the Trustee and the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, ; that (i) a review of the activities of the Master Servicer during the preceding calendar year and of performance under this Servicing Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Servicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Master Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's most recently ended calendar year on or prior to December 31 of the preceding year and its performance under its Subservicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Servicing Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Master Servicer to the Certificateholders Bondholders upon request or by the Certificate Administrator Indenture Trustee at the expense of the Master Servicer should the Master Servicer fail to provide such copies.
Appears in 1 contract
Samples: Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2003-2f)
Annual Statements of Compliance. Within 90 days after December 31 of each year, the (a) The Servicer at its own expense shall will deliver to the Certificate AdministratorDepositor, the Issuing Entity and the Trustee, with a copy to the Trustee and the Rating AgenciesCredit Enhancer, not later than March 15th of each calendar year, beginning in 200_, an Officer's ’s Certificate stating(an “Annual Statement of Compliance”) stating that, as to the signer each signatory thereof, that (i) a review of the activities of the Servicer during the preceding calendar year and of its performance under this Agreement or other applicable agreement has been made under such officer's supervision, ’s supervision and (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled all of its material obligations under this Agreement in all material respects for throughout such year, or, if there has been a default in the fulfillment of failure to fulfill any such obligationobligation in any material respect, specifying each such default failure known to such officer and the nature and status thereof including the steps being taken by of cure provisions thereof. Such Annual Statement of Compliance shall contain no restrictions or limitations on its use. Failure of the Servicer to remedy such default; (iii) a review timely comply with this Section 4.02 shall be deemed an Event of the activities of each Subservicer during the Subservicer's most recently ended calendar year and its performance under its Subservicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledgeDefault, based on his review and the certification of an officer of Master Servicer may, in addition to whatever rights the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations Master Servicer may have under this Agreement and its Subservicing Agreement in at law or equity or to damages, including injunctive relief and specific performance, upon notice immediately terminate all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature rights and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Servicer to the Certificateholders upon request or by the Certificate Administrator at the expense obligations of the Servicer should under this Agreement and in and to the Mortgage Loans and the proceeds thereof without compensating the Servicer fail except for compensation due under Section 8.01(b) and the right to provide such copiesthe Excess Servicing Strip.
(b) The Servicer shall deliver to the Depositor, the Issuing Entity and the Trustee, with a copy to the Credit Enhancer, promptly after having obtained knowledge thereof, but in no event later than five Business Days thereafter, written notice by means of an Officer’s Certificate of any event which with the giving of notice or the lapse of time or both, would become an Event of Default.
Appears in 1 contract
Annual Statements of Compliance. Within 90 days after December 31 No later than March 15 of each year, commencing in March 2006, the HELOC Servicer at its own expense shall deliver to the Certificate AdministratorDepositor and the HELOC Back-Up Servicer, with a copy to the Trustee Insurer, the Securities Administrator and the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the HELOC Servicer during the preceding calendar year and of performance under this HELOC Servicing Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the HELOC Servicer has fulfilled all its obligations under this HELOC Servicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the HELOC Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's most recently ended calendar year on or prior to December 31 of the preceding year and its performance under its Subservicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this HELOC Servicing Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the HELOC Servicer to the Certificateholders Class VI-A Noteholders upon request or by the Certificate Administrator at the expense of the Servicer should the Servicer fail to provide such copiesrequest.
Appears in 1 contract
Samples: Heloc Servicing Agreement (American Home Mortgage Investment Trust 2005-2)
Annual Statements of Compliance. Within 90 days after December 31 No later than March 1 of each year, commencing in March 2006, the Master Servicer at its own expense shall deliver to the Certificate AdministratorIndenture Trustee, with a copy to the Trustee Bond Insurer and the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the Master Servicer during the preceding calendar year and of performance under this Servicing Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Servicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Master Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's most recently ended calendar year on or prior to December 31 of the preceding year and its performance under its Subservicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Servicing Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Master Servicer to the Certificateholders Bondholders upon request or by the Certificate Administrator Indenture Trustee at the expense of the Master Servicer should the Master Servicer fail to provide such copies.
Appears in 1 contract
Annual Statements of Compliance. Within 90 days after December 31 No later than March 1 of each year, commencing in March 2004, the Master Servicer at its own expense shall deliver to the Certificate AdministratorIndenture Trustee, with a copy to the Trustee to the Bond Insurer and the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the Master Servicer during the preceding calendar year and of performance under this Servicing Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Servicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Master Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's most recently ended calendar year on or prior to December 31 of the preceding year and its performance under its Subservicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Servicing Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Master Servicer to the Certificateholders Bondholders upon request or by the Certificate Administrator Indenture Trustee at the expense of the Master Servicer should the Master Servicer fail to provide such copies.
Appears in 1 contract
Samples: Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2003 10)
Annual Statements of Compliance. Within 90 days after December 31 No later than March 1 of each -------------------------------- year, commencing in March 2005, the Master Servicer at its own expense shall deliver to the Certificate AdministratorIndenture Trustee, with a copy to the Trustee Bond Insurer and the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the Master Servicer during the preceding calendar year and of performance under this Servicing Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Servicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Master Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's most recently ended calendar year on or prior to December 31 of the preceding year and its performance under its Subservicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Servicing Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Master Servicer to the Certificateholders Bondholders upon request or by the Certificate Administrator Indenture Trustee at the expense of the Master Servicer should the Master Servicer fail to provide such copies.
Appears in 1 contract
Annual Statements of Compliance. Within 90 days after December 31 No later than March 1 of each year, commencing in March 2004, the Master Servicer at its own expense shall deliver to the Certificate AdministratorIndenture Trustee, with a copy to the Trustee and the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the Master Servicer during the preceding calendar year and of performance under this Servicing Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Servicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Master Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's most recently ended calendar year on or prior to December 31 of the preceding year and its performance under its Subservicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Servicing Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Master Servicer to the Certificateholders Bondholders upon request or by the Certificate Administrator Indenture Trustee at the expense of the Master Servicer should the Master Servicer fail to provide such copies.
Appears in 1 contract
Samples: Servicing Agreement (Imh Assets Corp Collateralized Asset Backed Bonds Se 03 12)
Annual Statements of Compliance. Within 90 days after December 31 of each year, the Servicer at its own expense shall deliver to the Certificate Administrator, with a copy to the Trustee and the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the Servicer during the preceding calendar year and of performance under this Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled its obligations under this Agreement in all material respects for 57 such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's most recently ended calendar year and its performance under its Subservicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Servicer to the Certificateholders upon request or by the Certificate Administrator at the expense of the Servicer should the Servicer fail to provide such copies.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Residential Asset Funding Corp)
Annual Statements of Compliance. Within 90 days after December 31 No later than March 1 of each year, commencing in March 2005, the Master Servicer at its own expense shall deliver to the Certificate AdministratorIndenture Trustee, with a copy to the Trustee and the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the Master Servicer during the preceding calendar year and of performance under this Servicing Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Servicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Master Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's most recently ended calendar year on or prior to December 31 of the preceding year and its performance under its Subservicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Servicing Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Master Servicer to the Certificateholders Noteholders upon request or by the Certificate Administrator Indenture Trustee at the expense of the Master Servicer should the Master Servicer fail to provide such copies.
Appears in 1 contract
Samples: Servicing Agreement (American Home Mort Securities Home Mortgage Invest Tr 2004-1)
Annual Statements of Compliance. Within 90 120 days after December 31 of each year, commencing December 1997, the Master Servicer at its own expense shall deliver to the Certificate AdministratorIndenture Trustee, with a copy to the Trustee and the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the Master Servicer during the preceding calendar year and of performance under this Servicing Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Servicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Master Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's most recently ended calendar year on or prior to such December 31 and its performance under its Subservicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Servicing Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Master Servicer to the Certificateholders Noteholders upon request or by the Certificate Administrator Indenture Trustee at the expense of the Master Servicer should the Master Servicer fail to provide such copies.
Appears in 1 contract
Annual Statements of Compliance. Within 90 days after December 31 No later than March 1 of each year, commencing March 2003, the Master Servicer at its own expense shall deliver to the Certificate AdministratorIndenture Trustee, with a copy to the Trustee and the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the Master Servicer during the preceding calendar year and of performance under this Servicing Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Servicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Master Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's most recently ended calendar year on or prior to December 31 of the preceding year and its performance under its Subservicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Servicing Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Master Servicer to the Certificateholders Bondholders upon request or by the Certificate Administrator Indenture Trustee at the expense of the Master Servicer should the Master Servicer fail to provide such copies.
Appears in 1 contract
Annual Statements of Compliance. Within 90 days after December 31 of each year, the Servicer at its own expense shall deliver to the Certificate Administrator, with a copy to the Trustee and the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the Servicer during the preceding calendar year and of performance under this Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Servicer has fulfilled its obligations under this Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's most recently ended calendar year and its performance under its Subservicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Servicer to the Certificateholders upon request or by the Certificate Administrator at the expense of the Servicer should the Servicer fail to provide such copies.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Novastar Mortgage Funding Trust Series 2001-1)
Annual Statements of Compliance. Within 90 days after December 31 No later than March 15 of each year, commencing in March 2006, the RMBS Servicer at its own expense shall deliver to the Certificate AdministratorDepositor and the RMBS Master Servicer, with a copy to the Trustee Securities Administrator and the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the RMBS Servicer during the preceding calendar year and of performance under this RMBS Servicing Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the RMBS Servicer has fulfilled all its obligations under this RMBS Servicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the RMBS Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's most recently ended calendar year on or prior to December 31 of the preceding year and its performance under its Subservicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this RMBS Servicing Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the RMBS Servicer to the Certificateholders Noteholders upon request or by the Certificate Administrator at the expense of the Servicer should the Servicer fail to provide such copiesrequest.
Appears in 1 contract
Samples: RMBS Servicing Agreement (American Home Mortgage Investment Trust 2005-1)
Annual Statements of Compliance. Within 90 120 days after December 31 of each year, commencing December 2002, the Master Servicer at its own expense shall deliver to the Certificate AdministratorIndenture Trustee, with a copy to the Trustee and the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the Master Servicer during the preceding calendar year and of performance under this Servicing Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Servicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Master Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's most recently ended calendar year on or prior to such December 31 and its performance under its Subservicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Servicing Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Master Servicer to the Certificateholders Bondholders upon request or by the Certificate Administrator Indenture Trustee at the expense of the Master Servicer should the Master Servicer fail to provide such copies.
Appears in 1 contract
Samples: Servicing Agreement (Impac CMB Trust Series 2002-4f)
Annual Statements of Compliance. Within 90 120 days after December 31 of each year, commencing December 1997, the Master Servicer at its own expense shall deliver to the Certificate AdministratorIndenture Trustee, with a copy to the Trustee Bond Insurer and the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the Master Servicer during the preceding calendar year and of performance under this Servicing Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Servicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Master Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's most recently ended calendar year on or prior to such December 31 and its performance under its Subservicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Servicing Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Master Servicer to the Certificateholders Bondholders upon request or by the Certificate Administrator Indenture Trustee at the expense of the Master Servicer should the Master Servicer fail to provide such copies.
Appears in 1 contract
Annual Statements of Compliance. Within 90 days after December 31 No later than March 15 of each year, commencing in March 2006, the HELOC Servicer at its own expense shall deliver to the Certificate AdministratorDepositor and the HELOC Back-Up Servicer, with a copy to the Trustee Insurer, the Securities Administrator and the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the HELOC Servicer during the preceding calendar year and of performance under this HELOC Servicing Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the HELOC Servicer has fulfilled all its obligations under this HELOC Servicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the HELOC Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's most recently ended calendar year on or prior to December 31 of the preceding year and its performance under its Subservicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this HELOC Servicing Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the HELOC Servicer to the Certificateholders Class IX-A Noteholders upon request or by the Certificate Administrator at the expense of the Servicer should the Servicer fail to provide such copiesrequest.
Appears in 1 contract
Samples: Heloc Servicing Agreement (American Home Mortgage Investment Trust 2005-1)
Annual Statements of Compliance. Within 90 days after December 31 of each year, the Servicer at its own expense shall deliver to the Certificate Administrator, with a copy to the Trustee and the Rating Agencies, an Officer's ’s Certificate stating, as to the signer thereof, that (i) a review of the activities of the Servicer during the preceding calendar year and of performance under this Agreement has been made under such officer's ’s supervision, (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled its obligations under this Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's ’s most recently ended calendar year and its performance under its Subservicing Agreement has been made under such officer's ’s supervision; and (iv) to the best of the Servicing Officer's ’s knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Servicer to the Certificateholders upon request or by the Certificate Administrator Trustee at the expense of the Servicer should the Servicer fail to provide such copies.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Novastar Mortgage Funding Trust Series 2004-1)
Annual Statements of Compliance. Within 90 days after December 31 No later than March 15 of each year, commencing in March 2006, the Servicer at its own expense shall deliver to the Certificate AdministratorDepositor and the Master Servicer, with a copy to the Trustee Securities Administrator and the Rating Agencies, an Officer's ’s Certificate stating, as to the signer thereof, that (i) a review of the activities of the Servicer during the preceding calendar year and of performance under this Servicing Agreement has been made under such officer's ’s supervision, (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled all its obligations under this Servicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's ’s most recently ended calendar year on or prior to December 31 of the preceding year and its performance under its Subservicing Agreement has been made under such officer's ’s supervision; and (iv) to the best of the Servicing Officer's ’s knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Servicing Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Servicer to the Certificateholders Noteholders upon request or by the Certificate Administrator at the expense of the Servicer should the Servicer fail to provide such copiesrequest.
Appears in 1 contract
Samples: Servicing Agreement (American Home Mortgage Investment Trust 2005-3)
Annual Statements of Compliance. Within 90 days after December 31 No later than March 15 of each year, commencing in March 2006, the RMBS Servicer at its own expense shall deliver to the Certificate AdministratorDepositor and the RMBS Master Servicer, with a copy to the Trustee and the Rating AgenciesSecurities Administrator, an Officer's ’s Certificate stating, as to the signer thereof, that (i) a review of the activities of the RMBS Servicer during the preceding calendar year and of performance under this Servicing Agreement has been made under such officer's ’s supervision, (ii) to the best of such officer's ’s knowledge, based on such review, the RMBS Servicer has fulfilled all its obligations under this Servicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the RMBS Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's ’s most recently ended calendar year on or prior to December 31 of the preceding year and its performance under its Subservicing Agreement has been made under such officer's ’s supervision; and (iv) to the best of the Servicing Officer's ’s knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Servicing Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the RMBS Servicer to the Certificateholders Noteholders upon request or by the Certificate Administrator at the expense of the Servicer should the Servicer fail to provide such copiesrequest.
Appears in 1 contract
Samples: Servicing Agreement (American Home Mortgage Investment Trust 2005-4)
Annual Statements of Compliance. Within 90 days after December 31 of each year, the Servicer at its own expense shall deliver to the Certificate AdministratorTrustee, with a copy to the Trustee Class A-1 Insurer and the Rating Agencies, an Officer's Officers’ Certificate stating, as to the signer thereof, that (i) a review of the activities of the Servicer during the preceding calendar year and of performance under this Agreement has been made under such officer's ’s supervision, (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled its obligations under this Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's ’s most recently ended calendar year and its performance under its Subservicing Agreement has been made under such officer's ’s supervision; and (iv) to the best of the Servicing Officer's ’s knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Servicer to the Certificateholders upon request or by the Certificate Administrator Trustee at the expense of the Servicer should the Servicer fail to provide such copies.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Novastar Mortgage Funding Trust Series 2004-2)
Annual Statements of Compliance. Within 90 days after December 31 No later than March 15 of each year, commencing in March 2006, the RMBS Servicer at its own expense shall deliver to the Certificate AdministratorDepositor and the RMBS Master Servicer, with a copy to the Trustee Securities Administrator, the Note Insurer and the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, that (i) a review of the activities of the RMBS Servicer during the preceding calendar year and of performance under this RMBS Servicing Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the RMBS Servicer has fulfilled all its obligations under this RMBS Servicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the RMBS Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's most recently ended calendar year on or prior to December 31 of the preceding year and its performance under its Subservicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this RMBS Servicing Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the RMBS Servicer to the Certificateholders Noteholders upon request or by the Certificate Administrator at the expense of the Servicer should the Servicer fail to provide such copiesrequest.
Appears in 1 contract
Samples: RMBS Servicing Agreement (American Home Mortgage Investment Trust 2005-2)
Annual Statements of Compliance. Within 90 days after December 31 No later than March 1 of each year, commencing in March 2006, the Master Servicer at its own expense shall deliver to the Certificate AdministratorIndenture Trustee, with a copy to the Trustee and the Rating Agencies, an Officer's Officer(s Certificate stating, as to the signer thereof, that (i) a review of the activities of the Master Servicer during the preceding calendar year and of performance under this Servicing Agreement has been made under such officer's officer(s supervision, (ii) to the best of such officer's officer(s knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Servicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Master Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's Subservicer(s most recently ended calendar year on or prior to December 31 of the preceding year and its performance under its Subservicing Agreement has been made under such officer's officer(s supervision; and (iv) to the best of the Servicing Officer's Officer(s knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Servicing Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Master Servicer to the Certificateholders Bondholders upon request or by the Certificate Administrator Indenture Trustee at the expense of the Master Servicer should the Master Servicer fail to provide such copies.
Appears in 1 contract
Samples: Servicing Agreement (Imh Assets Corp., Collateralized Asset-Backed Bonds, Series 2005-4)
Annual Statements of Compliance. Within 90 days after December 31 No later than March 15 of each year, commencing in March 2006, the Servicer HELOC Subservicer at its own expense shall deliver to the Certificate AdministratorDepositor, the HELOC Servicer and the HELOC Back-Up Servicer, with a copy to the Trustee Insurer, the Securities Administrator and the Rating Agencies, an Officer's ’s Certificate stating, as to the signer thereof, that (i) a review of the activities of the Servicer HELOC Subservicer during the preceding calendar year and of performance under this HELOC Subservicing Agreement has been made under such officer's ’s supervision, (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer HELOC Subservicer has fulfilled all its obligations under this HELOC Subservicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Servicer HELOC Subservicer to remedy such default; (iii) a review of the activities of each Subservicer HELCO subservicer during the Subservicer's HELOC subservicer’s most recently ended calendar year on or prior to December 31 of the preceding year and its performance under its Subservicing Agreement HELCO subservicing agreement has been made under such officer's ’s supervision; and (iv) to the best of the Servicing Officer's ’s knowledge, based on his review and the certification of an officer of the Subservicer HELOC subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer HELOC subservicer has performed and fulfilled its duties, responsibilities and obligations under this HELOC Subservicing Agreement and its Subservicing Agreement HELOC subservicing agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Servicer HELOC Subservicer to the Certificateholders Class II-A Noteholders upon request or by the Certificate Administrator at the expense of the Servicer should the Servicer fail to provide such copiesrequest.
Appears in 1 contract
Samples: Heloc Subservicing Agreement (American Home Mortgage Investment Trust 2005-4)
Annual Statements of Compliance. Within 90 days after December 31 No later than March 1 of each year, commencing March 2004, the Master Servicer at its own expense shall deliver to the Certificate AdministratorIndenture Trustee, with a copy to the Trustee and the Rating Agencies, an Officer's Certificate stating, as to the signer thereof, ; that (i) a review of the activities of the Master Servicer during the preceding calendar year and of performance under this Servicing Agreement has been made under such officer's supervision, (ii) to the best of such officer's knowledge, based on such review, the Master Servicer has fulfilled all its obligations under this Servicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Master Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's most recently ended calendar year on or prior to December 31 of the preceding year and its performance under its Subservicing Agreement has been made under such officer's supervision; and (iv) to the best of the Servicing Officer's knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Servicing Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Master Servicer to the Certificateholders Bondholders upon request or by the Certificate Administrator Indenture Trustee at the expense of the Master Servicer should the Master Servicer fail to provide such copies.
Appears in 1 contract
Samples: Servicing Agreement (Imh Assets Corp Impac CMB Trust Series 2003-9f)
Annual Statements of Compliance. Within 90 days after December 31 No later than March 15 of each year, commencing in March 2006, the RMBS Servicer at its own expense shall deliver to the Certificate AdministratorDepositor and the RMBS Master Servicer, with a copy to the Trustee and the Rating AgenciesSecurities Administrator, an Officer's ’s Certificate stating, as to the signer thereof, that (i) a review of the activities of the RMBS Servicer during the preceding calendar year and of performance under this RMBS Servicing Agreement has been made under such officer's ’s supervision, (ii) to the best of such officer's ’s knowledge, based on such review, the RMBS Servicer has fulfilled all its obligations under this RMBS Servicing Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the RMBS Servicer to remedy such default; (iii) a review of the activities of each RMBS Subservicer during the RMBS Subservicer's ’s most recently ended calendar year on or prior to December 31 of the preceding year and its performance under its RMBS Subservicing Agreement has been made under such officer's ’s supervision; and (iv) to the best of the Servicing Officer's ’s knowledge, based on his review and the certification of an officer of the RMBS Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each RMBS Subservicer has performed and fulfilled its duties, responsibilities and obligations under this RMBS Servicing Agreement and its RMBS Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the RMBS Servicer to the Certificateholders Noteholders upon request or by the Certificate Administrator at the expense of the Servicer should the Servicer fail to provide such copiesrequest.
Appears in 1 contract
Samples: RMBS Servicing Agreement (American Home Mortgage Investment Trust 2005-4)
Annual Statements of Compliance. Within 90 75 days after December 31 of each year, beginning in 2006, the Servicer at its own expense shall deliver to the Certificate Administrator, with a copy to the Trustee and the Rating Agencies, an Officer's Officers’ Certificate stating, as to the signer thereof, that (i) a review of the activities of the Servicer during the preceding calendar year and of performance under this Agreement has been made under such officer's ’s supervision, (ii) to the best of such officer's ’s knowledge, based on such review, the Servicer has fulfilled its obligations under this Agreement in all material respects for such year, or, if there has been a default in the fulfillment of any such obligation, specifying each such default known to such officer and the nature and status thereof including the steps being taken by the Servicer to remedy such default; (iii) a review of the activities of each Subservicer during the Subservicer's ’s most recently ended calendar year and its performance under its Subservicing Agreement has been made under such officer's ’s supervision; and (iv) to the best of the Servicing Officer's ’s knowledge, based on his review and the certification of an officer of the Subservicer (unless the Servicing Officer has reason to believe that reliance on such certification is not justified), either each Subservicer has performed and fulfilled its duties, responsibilities and obligations under this Agreement and its Subservicing Agreement in all material respects throughout the year, or, if there has been a default in performance or fulfillment of any such duties, responsibilities or obligations, specifying the nature and status of each such default known to the Servicing Officer. Copies of such statements shall be provided by the Servicer to the Certificateholders upon request or by the Certificate Administrator Trustee at the expense of the Servicer should the Servicer fail to provide such copies.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Novastar Mortgage Funding Trust, Series 2005-4)