Common use of Available Funds Cap Reserve Fund Clause in Contracts

Available Funds Cap Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Certificates (other than the Class A-IO Certificates), the Available Funds Cap Reserve Fund. On each Distribution Date, to the extent required, the Trustee shall withdraw funds, to the extent available, from the Available Funds Cap Reserve Fund to make distributions in the following order of priority: first, to each class of Class A Certificates (other than the Class A-IO Certificates), pro rata, in an amount equal to the amount of any Net WAC Shortfall Carry-Forward Amount or LIBOR Shortfall (less the amount of any payment to be made on such Distribution Date pursuant to Section 3.06(h)), as appropriate, on such Certificates; second, to the Class M-1 Certificates, in an amount equal to the amount of any Net WAC Shortfall Carry-Forward Amount on the Class M-1 Certificates; third, to the Class M-2 Certificates, in an amount equal to the amount of any Net WAC Shortfall Carry-Forward Amount on the Class M-2 Certificates; and fourth, to the Class B Certificates, in an amount equal to the amount of any Net WAC Shortfall Carry-Forward Amount on the Class B Certificates; On the Final Distribution Date the Trustee shall withdraw from the Available Funds Cap Reserve Fund (to the extent of funds available on deposit therein) any remaining amounts and distribute them to the Master Servicer. (b) The Trustee shall account for the Available Funds Cap Reserve Fund as an "outside reserve fund" under applicable Treasury regulations and it shall not be an asset of any REMIC created pursuant to this Agreement. The owner of the Available Funds Cap Reserve Fund is the Seller. The Trustee shall keep records that accurately reflect the funds on deposit in the Available Funds Cap Reserve Fund. The Trustee shall, at the direction of the Master Servicer, invest amounts on deposit in the Available Funds Cap Reserve Fund in Permitted Investments, which shall mature on or before the next Distribution Date. The amount of any realized losses on Permitted Investments in the Available Funds Cap Reserve Fund shall promptly be deposited by the Seller in the Available Funds Cap Reserve Fund. On each Distribution Date, the Trustee shall distribute any interest on the Available Funds Cap Reserve Fund to the Master Servicer.

Available Funds Cap Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Certificates (other than the Class A-IO Certificates), the Available Funds Cap Reserve Fund. On each Distribution Date, to the extent required, the Trustee shall withdraw funds, to the extent available, from the Available Funds Cap Reserve Fund to make distributions in the following order of priority: first, to each class of the Class A Certificates (other than the Class A-IO Certificates), pro rata, in an amount equal to the amount of any Net WAC Shortfall Carry-Forward Amount or LIBOR Shortfall (less the amount of any payment to be made on such Distribution Date pursuant to Section 3.06(h)), as appropriate, on such Certificates; second, to the Class M-1 Certificates, in an amount equal to the amount of any Net WAC Shortfall Carry-Forward Amount on the Class M-1 Certificates; third, to the Class M-2 Certificates, in an amount equal to the amount of any Net WAC Shortfall Carry-Forward Amount on the Class M-2 Certificates; and fourth, to the Class B Certificates, in an amount equal to the amount of any Net WAC Shortfall Carry-Forward Amount on the Class B Certificates; On the Final Distribution Date the Trustee shall withdraw from the Available Funds Cap Reserve Fund (to the extent of funds available on deposit therein) any remaining amounts and distribute them to the Master Servicer. (b) The Trustee shall account for the Available Funds Cap Reserve Fund as an "outside reserve fund" under applicable Treasury regulations and it shall not be an asset of any REMIC created pursuant to this Agreement. The owner of the Available Funds Cap Reserve Fund is the Seller. The Trustee shall keep records that accurately reflect the funds on deposit in the Available Funds Cap Reserve Fund. The Trustee shall, at the direction of the Master Servicer, invest amounts on deposit in the Available Funds Cap Reserve Fund in Permitted Investments, which shall mature on or before the next Distribution Date. The amount of any realized losses on Permitted Investments in the Available Funds Cap Reserve Fund shall promptly be deposited by the Seller in the Available Funds Cap Reserve Fund. On each Distribution Date, the Trustee shall distribute any interest on the Available Funds Cap Reserve Fund to the Master Servicer.

Available Funds Cap Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Certificates (other than the LIBOR Certificates and the Class A-IO Certificates), the Available Funds Cap Reserve Fund. On each Distribution Date, to the extent required, the Trustee shall withdraw funds, to make withdrawals from the extent available, from Available Funds Cap Reserve Fund and use the amounts in the Available Funds Cap Reserve Fund to make distributions in to the following order of priority: first, to each class of Class A Certificates (other than the LIBOR Certificates and the Class A-IO Certificates), pro rata, in an amount equal to the amount of any Net WAC Shortfall Carry-Forward Amount or LIBOR Shortfall (less the amount of any payment to be made on such Distribution Date pursuant to Section 3.06(h)), as appropriate, on such Certificates; second, to the Class M-1 Certificates, in an amount equal to the amount of any Net WAC Shortfall Carry-Forward Amount on such Certificate. If on any Distribution Date, funds in the Available Funds Cap Reserve Fund are insufficient to distribute to the Certificates (other than the LIBOR Certificates and the Class M-1 A-IO Certificates; third, to the Class M-2 Certificates, in an amount ) amounts equal to the amount of any Net WAC Shortfall Carry-Forward Amount Amount, the funds in the Available Funds Cap Reserve Fund shall be distributed to such Certificates on a pro rata basis. On the Class M-2 Certificates; and fourthDistribution Date in October 2004, after the distributions described in the preceding sentence, the Trustee shall withdraw from the Available Funds Cap Reserve Fund (to the Class B Certificates, extent of funds available on deposit therein) any amounts in an amount equal excess of $100,000 and distribute them to the amount of any Net WAC Shortfall Carry-Forward Amount on the Class B Certificates; Master Servicer. On the Final Distribution Date the Trustee shall withdraw from the Available Funds Cap Reserve Fund (to the extent of funds available on deposit therein) any remaining amounts and distribute them to the Master Servicer. (b) The Trustee shall account for the Available Funds Cap Reserve Fund as an "outside reserve fund" under applicable Treasury regulations and it shall not be an asset of any REMIC created pursuant to this Agreement. The owner of the Available Funds Cap Reserve Fund is the Seller. The Trustee shall keep records that accurately reflect the funds on deposit in the Available Funds Cap Reserve Fund. The Trustee shall, at the direction of the Master Servicer, invest amounts on deposit in the Available Funds Cap Reserve Fund in Permitted Investments, which shall mature on or before the next Distribution Date. The amount of any realized losses on Permitted Investments in the Available Funds Cap Reserve Fund shall promptly be deposited by the Seller in the Available Funds Cap Reserve Fund. On each Distribution Date, the Trustee shall distribute any interest on the Available Funds Cap Reserve Fund to the Master Servicer.

Available Funds Cap Reserve Fund. (a) On the Closing Date, the Trustee Securities Administrator shall establish and maintain in its name, in trust for the benefit of the Certificates (other than holders of the Class A1, Class A2, Class A3, Class A4 and Class A-IO X Certificates), the an Available Funds Cap Reserve Fund, into which the Seller shall deposit $1,000. The Available Funds Cap Reserve Fund shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including, without limitation, other moneys of the Securities Administrator held pursuant to this Agreement. The Available Funds Cap Reserve Fund shall not be an asset of any REMIC established hereby. (b) On each Distribution Date, Accrued Certificate Interest that would otherwise be distributable with respect to the extent required, the Trustee Class A-X Certificates shall withdraw funds, to the extent available, from instead be deposited in the Available Funds Cap Reserve Fund to make distributions in the following order extent of priority: first, to each class of Class A Certificates the Required Reserve Fund Deposit. (other than the Class A-IO Certificates), pro rata, in an amount equal to the amount of c) On any Net WAC Shortfall Carry-Forward Amount or LIBOR Shortfall (less the amount of any payment to be made on such Distribution Date pursuant to Section 3.06(h)), as appropriate, on such Certificates; second, for which Available Funds Cap Shortfall Amounts exist with respect to the Class M-1 CertificatesA1, Class A2, Class A3 or Class A4 Certificates after giving effect to payments made from funds on deposit in an amount equal to the amount of any Net WAC Shortfall Carry-Forward Amount on Yield Maintenance Accounts, the Class M-1 Certificates; third, to the Class M-2 Certificates, in an amount equal to the amount of any Net WAC Shortfall Carry-Forward Amount on the Class M-2 Certificates; and fourth, to the Class B Certificates, in an amount equal to the amount of any Net WAC Shortfall Carry-Forward Amount on the Class B Certificates; On the Final Distribution Date the Trustee Securities Administrator shall withdraw from the Available Funds Cap Reserve Fund (to Fund, the extent of funds available amount on deposit therein) any remaining amounts and distribute them therein required to the Master Servicerbe distributed on such Distribution Date pursuant to Section 5.02(f). (bd) The Trustee shall account for Funds in the Available Funds Cap Reserve Fund as an "outside reserve fund" under applicable Treasury regulations and it shall not be an asset invested in Eligible Investments. Any earnings on amounts in the Available Funds Cap Reserve Fund shall be for the benefit of any REMIC created pursuant to this Agreementthe Class A-X Certificateholders. The owner Class A-X Certificates shall evidence ownership of the Available Funds Cap Reserve Fund is for federal income tax purposes and the SellerClass A-X Certificateholders shall direct the Securities Administrator, in writing, as to investment of amounts on deposit therein. The Trustee Class A-X Certificateholders shall keep records that accurately reflect be liable for any losses incurred on such investments. In the absence of written instructions from a majority of the Class A-X Certificateholders as to investment of funds on deposit in the Available Funds Cap Reserve Fund. The Trustee shall, at the direction such funds shall be invested in money market funds as described in clause (viii) of the Master Servicer, invest amounts on deposit in the Available Funds Cap Reserve Fund in Permitted Investments, which shall mature on or before the next Distribution Date. The amount definition of any realized losses on Permitted Eligible Investments in Article I. For all Federal income tax purposes, amounts transferred by the Upper Tier REMIC to the Available Funds Cap Reserve Fund shall promptly be deposited treated as amounts distributed by the Seller in the Available Funds Cap Reserve Fund. On each Distribution Date, the Trustee shall distribute any interest on the Available Funds Cap Reserve Fund Upper Tier REMIC to the Master ServicerClass A-X Certificateholders.

Available Funds Cap Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Certificates (other than holders of the Class A-1, Class A-2, Class A-3, Class A-4 and Class A-IO X Certificates and each Class of Subordinate Certificates), the an Available Funds Cap Reserve Fund, into which the Depositor shall deposit $2,500. On each Distribution Date, to the extent required, the Trustee shall withdraw funds, to the extent available, from the The Available Funds Cap Reserve Fund to make distributions in shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including, without limitation, other moneys of the following order of priority: first, to each class of Class A Certificates (other than the Class A-IO Certificates), pro rata, in an amount equal to the amount of any Net WAC Shortfall Carry-Forward Amount or LIBOR Shortfall (less the amount of any payment to be made on such Distribution Date Trustee held pursuant to Section 3.06(h)), as appropriate, on such Certificates; second, to the Class M-1 Certificates, in an amount equal to the amount of any Net WAC Shortfall Carry-Forward Amount on the Class M-1 Certificates; third, to the Class M-2 Certificates, in an amount equal to the amount of any Net WAC Shortfall Carry-Forward Amount on the Class M-2 Certificates; and fourth, to the Class B Certificates, in an amount equal to the amount of any Net WAC Shortfall Carry-Forward Amount on the Class B Certificates; On the Final Distribution Date the Trustee shall withdraw from the this Agreement. The Available Funds Cap Reserve Fund (to the extent of funds available on deposit therein) any remaining amounts and distribute them to the Master Servicer. (b) The Trustee shall account for the Available Funds Cap Reserve Fund as an "outside reserve fund" under applicable Treasury regulations and it shall not be an asset of any REMIC created established hereby. (b) On each Distribution Date, Monthly Interest Distributable Amounts that would otherwise be distributable with respect to the Class A-X Certificates shall instead be deposited in the Available Funds Cap Reserve Fund to the extent of the Required Reserve Fund Deposit. (c) On any Distribution Date for which an Available Funds Cap Shortfall exists with respect to the Class A-1, Class A-2, Class A-3 or Class A-4 Certificates or any Class of Subordinate Certificates after giving effect to payments made pursuant to this AgreementSection 5.09 from the Yield Maintenance Amount Account, the Securities Administrator shall instruct the Trustee to withdraw from the Available Funds Cap Reserve Fund, the amount on deposit therein required to be distributed on such Distribution Date pursuant to Section 5.01(i). (d) Funds in the Available Funds Cap Reserve Fund shall be invested in Permitted Investments. Any earnings on amounts in the Available Funds Cap Reserve Fund shall be for the benefit of the Class A-X Certificateholders. The owner Class A-X Certificates shall evidence ownership of the Available Funds Cap Reserve Fund is for federal income tax purposes and the SellerClass A-X Certificateholders shall direct the Trustee, in writing, as to investment of amounts on deposit therein. The Trustee Class A-X Certificateholders shall keep records that accurately reflect be liable for any losses incurred on such investments. In the absence of written instructions from a majority of the Class A-X Certificateholders as to investment of funds on deposit in the Available Funds Cap Reserve Fund. The Trustee shall, at the direction such funds shall be invested in money market funds as described in clause (vi) of the Master Servicer, invest amounts on deposit in the Available Funds Cap Reserve Fund in Permitted Investments, which shall mature on or before the next Distribution Date. The amount definition of any realized losses on Permitted Investments in Article I. For all Federal income tax purposes, amounts transferred by the Upper Tier REMIC to the Available Funds Cap Reserve Fund shall promptly be deposited treated as amounts distributed by the Seller in the Available Funds Cap Reserve Fund. On each Distribution Date, the Trustee shall distribute any interest on the Available Funds Cap Reserve Fund Upper Tier REMIC to the Master ServicerClass A-X Certificateholders.

Available Funds Cap Reserve Fund. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Certificates (other than holders of the Class A and Class A-IO X Certificates and each Class of Subordinate Certificates), the an Available Funds Cap Reserve Fund, into which the Depositor shall deposit $1,000. On each Distribution Date, to the extent required, the Trustee shall withdraw funds, to the extent available, from the The Available Funds Cap Reserve Fund to make distributions in shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including, without limitation, other moneys of the following order of priority: first, to each class of Class A Certificates (other than the Class A-IO Certificates), pro rata, in an amount equal to the amount of any Net WAC Shortfall Carry-Forward Amount or LIBOR Shortfall (less the amount of any payment to be made on such Distribution Date Trustee held pursuant to Section 3.06(h)), as appropriate, on such Certificates; second, to the Class M-1 Certificates, in an amount equal to the amount of any Net WAC Shortfall Carry-Forward Amount on the Class M-1 Certificates; third, to the Class M-2 Certificates, in an amount equal to the amount of any Net WAC Shortfall Carry-Forward Amount on the Class M-2 Certificates; and fourth, to the Class B Certificates, in an amount equal to the amount of any Net WAC Shortfall Carry-Forward Amount on the Class B Certificates; On the Final Distribution Date the Trustee shall withdraw from the this Agreement. The Available Funds Cap Reserve Fund (to the extent of funds available on deposit therein) any remaining amounts and distribute them to the Master Servicer. (b) The Trustee shall account for the Available Funds Cap Reserve Fund as an "outside reserve fund" under applicable Treasury regulations and it shall not be an asset of any REMIC created established hereby. (b) On each Distribution Date, Accrued Certificate Interest that would otherwise be distributable with respect to the Class A-X Certificates shall instead be deposited in the Available Funds Cap Reserve Fund to the extent of the Required Reserve Fund Deposit. (c) On any Distribution Date for which Available Funds Cap Shortfall Amounts exist with respect to the Class A Certificates or any Class of Subordinate Certificates after giving effect to payments made pursuant to this AgreementSection 5.07 from the Swap Agreement Amount Account, the Securities Administrator shall instruct the Trustee in writing to withdraw from the Available Funds Cap Reserve Fund, the amount on deposit therein required to be distributed on such Distribution Date pursuant to Section 5.02(e). (d) Funds in the Available Funds Cap Reserve Fund shall be invested in Eligible Investments. Any earnings on amounts in the Available Funds Cap Reserve Fund shall be for the benefit of the Class A-X Certificateholders. The owner Class A-X Certificates shall evidence ownership of the Available Funds Cap Reserve Fund is for federal income tax purposes and the SellerClass A-X Certificateholders shall direct the Trustee, in writing, as to investment of amounts on deposit therein. The Trustee Class A-X Certificateholders shall keep records that accurately reflect be liable for any losses incurred on such investments. In the absence of written instructions from a majority of the Class A-X Certificateholders as to investment of funds on deposit in the Available Funds Cap Reserve Fund. The Trustee shall, at the direction such funds shall be invested in money market funds as described in clause (viii) of the Master Servicer, invest amounts on deposit in the Available Funds Cap Reserve Fund in Permitted Investments, which shall mature on or before the next Distribution Date. The amount definition of any realized losses on Permitted Eligible Investments in Article I. For all Federal income tax purposes, amounts transferred by the Upper Tier REMIC to the Available Funds Cap Reserve Fund shall promptly be deposited treated as amounts distributed by the Seller in the Available Funds Cap Reserve Fund. On each Distribution Date, the Trustee shall distribute any interest on the Available Funds Cap Reserve Fund Upper Tier REMIC to the Master ServicerClass A-X Certificateholders.

Available Funds Cap Reserve Fund. (a) On the Closing Date, the Trustee Securities Administrator shall establish and maintain in its namean account, in trust for the benefit of the Certificates (other than holders of the Class A-IO A-1, Class A-2 and Class A-3 Certificates), to be known as the Available Funds Cap Reserve Fund. The Available Funds Cap Reserve Fund shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including, without limitation, other moneys of the Securities Administrator held pursuant to this Agreement. The Available Funds Cap Reserve Fund shall not be an asset of any REMIC established hereby. (b) On each Distribution Date, Monthly Interest Distributable Amounts that would otherwise be distributable with respect to the extent required, the Trustee Class A-X Certificates shall withdraw funds, to the extent available, from instead be deposited in the Available Funds Cap Reserve Fund to make distributions in the following order extent of priority: first, the Required Reserve Fund Deposit. (c) On any Distribution Date for which an Available Funds Cap Shortfall exists with respect to each class of Class A Certificates (other than the Class A-IO Certificates)A-1, pro rata, in an amount equal Class A-2 or Class A-3 Certificates after giving effect to the amount of any Net WAC Shortfall Carry-Forward Amount or LIBOR Shortfall (less the amount of any payment to be payments made on such Distribution Date pursuant to Section 3.06(h))5.09 from the Yield Maintenance Account, as appropriate, on such Certificates; second, to the Class M-1 Certificates, in an amount equal to the amount of any Net WAC Shortfall Carry-Forward Amount on the Class M-1 Certificates; third, to the Class M-2 Certificates, in an amount equal to the amount of any Net WAC Shortfall Carry-Forward Amount on the Class M-2 Certificates; and fourth, to the Class B Certificates, in an amount equal to the amount of any Net WAC Shortfall Carry-Forward Amount on the Class B Certificates; On the Final Distribution Date the Trustee Securities Administrator shall withdraw from the Available Funds Cap Reserve Fund (to Fund, the extent of funds available amount on deposit therein) any remaining amounts and distribute them therein required to the Master Servicerbe distributed on such Distribution Date pursuant to Section 5.01(a)(iv). (bd) The Trustee shall account for Funds in the Available Funds Cap Reserve Fund as an "outside reserve fund" under applicable Treasury regulations and it shall not be an asset invested in Permitted Investments. Any earnings on amounts in the Available Funds Cap Reserve Fund shall be for the benefit of any REMIC created pursuant to this Agreementthe Class A-X Certificateholders. The owner Class A-X Certificates shall evidence ownership of the Available Funds Cap Reserve Fund is for federal income tax purposes and the SellerClass A-X Certificateholders shall direct the Securities Administrator, in writing, as to investment of amounts on deposit therein. The Trustee Class A-X Certificateholders shall keep records that accurately reflect be liable for any losses incurred on such investments. In the absence of written instructions from a majority of the Class A-X Certificateholders as to investment of funds on deposit in the Available Funds Cap Reserve Fund. The Trustee shall, at the direction such funds shall be invested in money market funds as described in clause (vi) of the Master Servicerdefinition of Permitted Investments in Article I. For all Federal income tax purposes, invest amounts on deposit in transferred by the Upper Tier REMIC to the Available Funds Cap Reserve Fund in Permitted Investmentsshall be treated as amounts distributed by the Upper Tier REMIC to the Class A-X Certificateholders. (e) Upon termination of the Trust Fund, which shall mature on or before the next Distribution Date. The amount of any realized losses on Permitted Investments amounts remaining in the Available Funds Cap Reserve Fund shall promptly be deposited by the Seller in the Available Funds Cap Reserve Fund. On each Distribution Date, the Trustee shall distribute any interest on the Available Funds Cap Reserve Fund distributed to the Master ServicerClass A-X Certificateholders.

Available Funds Cap Reserve Fund. (a) On the Closing Date, the Trustee Securities Administrator shall establish and maintain in its namean account, in trust for the benefit of the Certificates (other than holders of the Class A-IO A-1, Class A-2, Class A-3 and Class A-4 Certificates), to be known as the Available Funds Cap Reserve Fund. The Available Funds Cap Reserve Fund shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including, without limitation, other moneys of the Securities Administrator held pursuant to this Agreement. The Available Funds Cap Reserve Fund shall not be an asset of any REMIC established hereby. (b) On each Distribution Date, Monthly Interest Distributable Amounts that would otherwise be distributable with respect to the extent required, the Trustee Class A-X Certificates shall withdraw funds, to the extent available, from instead be deposited in the Available Funds Cap Reserve Fund to make distributions in the following order extent of priority: first, the Required Reserve Fund Deposit. (c) On any Distribution Date for which an Available Funds Cap Shortfall exists with respect to each class of Class A Certificates (other than the Class A-IO Certificates)A-1, pro rataClass A-2, in an amount equal Class A-3 or Class A-4 Certificates after giving effect to the amount of any Net WAC Shortfall Carry-Forward Amount or LIBOR Shortfall (less the amount of any payment to be payments made on such Distribution Date pursuant to Section 3.06(h))5.09 from the Yield Maintenance Account, as appropriate, on such Certificates; second, to the Class M-1 Certificates, in an amount equal to the amount of any Net WAC Shortfall Carry-Forward Amount on the Class M-1 Certificates; third, to the Class M-2 Certificates, in an amount equal to the amount of any Net WAC Shortfall Carry-Forward Amount on the Class M-2 Certificates; and fourth, to the Class B Certificates, in an amount equal to the amount of any Net WAC Shortfall Carry-Forward Amount on the Class B Certificates; On the Final Distribution Date the Trustee Securities Administrator shall withdraw from the Available Funds Cap Reserve Fund (to Fund, the extent of funds available amount on deposit therein) any remaining amounts and distribute them therein required to the Master Servicerbe distributed on such Distribution Date pursuant to Section 5.01(a)(v). (bd) The Trustee shall account for Funds in the Available Funds Cap Reserve Fund as an "outside reserve fund" under applicable Treasury regulations and it shall not be an asset invested in Permitted Investments. Any earnings on amounts in the Available Funds Cap Reserve Fund shall be for the benefit of any REMIC created pursuant to this Agreementthe Class A-X Certificateholders. The owner Class A-X Certificates shall evidence ownership of the Available Funds Cap Reserve Fund is for federal income tax purposes and the SellerClass A-X Certificateholders shall direct the Securities Administrator, in writing, as to investment of amounts on deposit therein. The Trustee Class A-X Certificateholders shall keep records that accurately reflect be liable for any losses incurred on such investments. In the absence of written instructions from a majority of the Class A-X Certificateholders as to investment of funds on deposit in the Available Funds Cap Reserve Fund. The Trustee shall, at the direction such funds shall be invested in money market funds as described in clause (vi) of the Master Servicer, invest amounts on deposit in the Available Funds Cap Reserve Fund in Permitted Investments, which shall mature on or before the next Distribution Date. The amount definition of any realized losses on Permitted Investments in Article I. For all Federal income tax purposes, amounts transferred by the Upper Tier REMIC to the Available Funds Cap Reserve Fund shall promptly be deposited treated as amounts distributed by the Seller in the Available Funds Cap Reserve Fund. On each Distribution Date, the Trustee shall distribute any interest on the Available Funds Cap Reserve Fund Upper Tier REMIC to the Master ServicerClass A-X Certificateholders.

Available Funds Cap Reserve Fund. (a) On the Closing Date, the Trustee Securities Administrator shall establish and maintain in its name, in trust for the benefit of the Certificates (other than holders of the Class A-1, Class A-2, Class A-3, Class A-4 and Class A-IO X Certificates), the an Available Funds Cap Reserve Fund, into which the Seller shall deposit $1,000. The Available Funds Cap Reserve Fund shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including, without limitation, other moneys of the Securities Administrator held pursuant to this Agreement. The Available Funds Cap Reserve Fund shall not be an asset of any REMIC established hereby. (b) On each Distribution Date, Accrued Certificate Interest that would otherwise be distributable with respect to the extent required, the Trustee Class A-X Certificates shall withdraw funds, to the extent available, from instead be deposited in the Available Funds Cap Reserve Fund to make distributions in the following order extent of priority: first, to each class of Class A Certificates the Required Available Funds Cap Reserve Fund Deposit. (other than the Class A-IO Certificates), pro rata, in an amount equal to the amount of c) On any Net WAC Shortfall Carry-Forward Amount or LIBOR Shortfall (less the amount of any payment to be made on such Distribution Date pursuant to Section 3.06(h)), as appropriate, on such Certificates; second, for which Available Funds Cap Shortfall Amounts exist with respect to the Class M-1 CertificatesA-1, Class A-2, Class A-3 or Class A-4 Certificates after giving effect to payments made from funds on deposit in an amount equal to the amount of any Net WAC Shortfall Carry-Forward Amount on Yield Maintenance Account, the Class M-1 Certificates; third, to the Class M-2 Certificates, in an amount equal to the amount of any Net WAC Shortfall Carry-Forward Amount on the Class M-2 Certificates; and fourth, to the Class B Certificates, in an amount equal to the amount of any Net WAC Shortfall Carry-Forward Amount on the Class B Certificates; On the Final Distribution Date the Trustee Securities Administrator shall withdraw from the Available Funds Cap Reserve Fund (to Fund, the extent of funds available amount on deposit therein) any remaining amounts and distribute them therein required to the Master Servicerbe distributed on such Distribution Date pursuant to Section 6.01(a)(iii). (bd) The Trustee shall account for Funds in the Available Funds Cap Reserve Fund as an "outside reserve fund" under applicable Treasury regulations and it shall not be an asset invested in Permitted Investments. Any earnings on amounts in the Available Funds Cap Reserve Fund shall be for the benefit of any REMIC created pursuant to this Agreementthe Class A-X Certificateholders. The owner Class A-X Certificates shall evidence ownership of the Available Funds Cap Reserve Fund is for federal income tax purposes and the SellerClass A-X Certificateholders shall direct the Securities Administrator, in writing, as to investment of amounts on deposit therein. The Trustee Class A-X Certificateholders shall keep records that accurately reflect be liable for any losses incurred on such investments. In the absence of written instructions from a majority of the Class A-X Certificateholders as to investment of funds on deposit in the Available Funds Cap Reserve Fund. The Trustee shall, at the direction such funds shall be invested in money market funds as described in clause (viii) of the Master Servicerdefinition of Permitted Investments in Article I, invest which may include the Xxxxx Fargo Advantage Prime Investment Money Market Fund. For all Federal income tax purposes, amounts on deposit in transferred by the Upper Tier REMIC to the Available Funds Cap Reserve Fund in Permitted Investmentsshall be treated as amounts distributed by the Upper Tier REMIC to the Class A-X Certificateholders. (e) Upon termination of the Trust Fund, which shall mature on or before the next Distribution Date. The amount of any realized losses on Permitted Investments amounts remaining in the Available Funds Cap Reserve Fund shall promptly be deposited by the Seller in the Available Funds Cap Reserve Fund. On each Distribution Date, the Trustee shall distribute any interest on the Available Funds Cap Reserve Fund distributed to the Master ServicerClass A-X Certificateholders.