Common use of Designations under the REMIC Provisions Clause in Contracts

Designations under the REMIC Provisions. (a) The Company hereby designates the Lower Tier Interests identified in Section 2.05(a) above as "regular interests," and the Class R1 Certificate as the single class of "residual interests," in the Lower Tier REMIC for purposes of the REMIC Provisions. (b) The Company hereby designates the Classes of Certificates identified in Section 5.01(b), other than the Residual Certificates, as "regular interests," and the Class R2 Certificate as the single class of "residual interests," in the Upper Tier REMIC for purposes of the REMIC Provisions. (c) The Closing Date will be the "Startup Day" for each of the Upper Tier REMIC and Lower Tier REMIC for purposes of the REMIC Provisions. (d) The "tax matters person" with respect to the Upper Tier REMIC for purposes of the REMIC Provisions shall be (i) the Company, if the Company is the owner of a Class R2 Certificate, or (ii) in any other case, the beneficial owner of the Class R2 Certificate having the largest Percentage Interest of such Class; provided, however, that such largest beneficial owner and, to the extent relevant, each other holder of a Class R2 Certificate, by its acceptance thereof irrevocably appoints the Company as its agent and attorney-in-fact to act as "tax matters person" with respect to the Upper Tier REMIC for purposes of the REMIC Provisions. The "tax matters person" with respect to the Lower Tier REMIC for purposes of the REMIC Provisions shall be (i) the Company, if the Company is the owner of a Class R1 Certificate, or (ii) in any other case, the beneficial owner of the Class R1 Certificate having the largest Percentage Interest of such Class; provided, however, that such largest beneficial owner and, to the extent relevant, each other holder of a Class R1 Certificate, by its acceptance thereof irrevocably appoints the Company as its agent and attorney-in-fact to act as "tax matters person" with respect to the Lower Tier REMIC for purposes of the REMIC Provisions. (e) The "latest possible maturity date" of the regular interests in the Upper Tier REMIC and Lower Tier REMIC is the Latest Maturity Date for purposes of section 860G(a)(1) of the Code. (f) In no event shall the assets described in clause (viii) of the definition of the term Trust Fund constitute a part of the Upper Tier REMIC or the Lower Tier REMIC and shall constitute an outside reserve fund owner by the Certificateholder depositing assets. For Federal income tax purposes, the Company, on behalf of the Trustee, shall account for such assets as required to comply with Treasury Regulations 1.860G-2(h) and (i) for such assets to be represented as separate from the REMICs created pursuant to this Agreement.

Designations under the REMIC Provisions. (a) The Company hereby designates the Lower Tier Interests identified in Section 2.05(a) above as "regular interests," and the Class R1 Certificate as the single class of "residual interests," in the Lower Tier REMIC for purposes of the REMIC Provisions. (b) The Company Depositor hereby designates the Classes of Certificates identified in Section 5.01(b), other than the Residual Certificates, as "regular interests," and the Class R2 R Certificate as the single class of "residual interests," in the Upper Tier REMIC established hereunder for purposes of the REMIC Provisions. (b) The Closing Date will be the "Startup Day" for the REMIC established hereunder for purposes of the REMIC Provisions. (c) The Closing Date will be the "Startup Day" for each of the Upper Tier REMIC and Lower Tier REMIC for purposes of the REMIC Provisions. (d) The "tax matters person" with respect to the Upper Tier REMIC established hereunder for purposes of the REMIC Provisions shall be (i) the CompanyServicer, if the Company Servicer is the owner of a Class R2 R Certificate, or (ii) in any other case, the beneficial owner of the Class R2 R Certificate having the largest Percentage Interest of such Class; provided, however, that such largest beneficial owner and, to the extent relevant, each other holder of a Class R2 R Certificate, by its acceptance thereof irrevocably appoints the Company Servicer as its agent and attorney-in-fact to act as "tax matters person" with respect to the Upper Tier REMIC for purposes of the REMIC Provisions. The "tax matters person" with respect to the Lower Tier REMIC for purposes of the REMIC Provisions shall be (i) the Company, if the Company is the owner of a Class R1 Certificate, or (ii) in any other case, the beneficial owner of the Class R1 Certificate having the largest Percentage Interest of such Class; provided, however, that such largest beneficial owner and, to the extent relevant, each other holder of a Class R1 Certificate, by its acceptance thereof irrevocably appoints the Company as its agent and attorney-in-fact to act as "tax matters person" with respect to the Lower Tier REMIC established hereunder for purposes of the REMIC Provisions. (ed) The "latest possible maturity date" of the regular interests in the Upper Tier REMIC and Lower Tier REMIC established hereunder is the Latest Possible Maturity Date for purposes of section 860G(a)(1) of the Code. (fe) In no the event shall that the assets described in clause Servicing Fee exceeds the amount reasonable for such services (viii) within the meaning of Treasury Regulation 1.860D-1(b)(1)(ii)), the portion or portions of such fee that can be measured as a fixed number of basis points on some or all of the definition Mortgage Loans and can be treated as one or more stripped coupons within the meaning of the term Trust Fund constitute a part of the Upper Tier REMIC or the Lower Tier REMIC Treasury Regulation 1.860D-1(b)(2)(iii) shall be treated as such stripped coupons and shall constitute an outside reserve fund owner by the Certificateholder depositing assets. For Federal income tax purposes, the Company, on behalf of the Trustee, shall account for such assets not be treated as required to comply with Treasury Regulations 1.860G-2(h) and (i) for such assets to be represented as separate from the REMICs created pursuant to this Agreementa REMIC asset.]

Designations under the REMIC Provisions. (a) The Company Depositor hereby designates the Lower Lower-Tier Interests identified in Section 2.05(a) above as "regular interests," and the Class R1 RL Certificate as the single class of "residual interests," in the Lower Lower-Tier REMIC for purposes of the REMIC Provisions. (b) The Company Depositor hereby designates the Classes of Certificates identified in Section 5.01(b), other than the Residual Certificates, as "regular interests," and the Class R2 R Certificate as the single class of "residual interests," in the Upper Upper-Tier REMIC for purposes of the REMIC Provisions. (c) The Closing Date will be the "Startup Day" for each of the Upper Upper-Tier REMIC and Lower Lower-Tier REMIC for purposes of the REMIC Provisions. (d) The "tax matters person" with respect to the Upper Upper-Tier REMIC for purposes of the REMIC Provisions shall be (i) the CompanyServicer, if the Company Servicer is the owner of a Class R2 R Certificate, or (ii) in any other case, the beneficial owner of the Class R2 R Certificate having the largest Percentage Interest of such Class; provided, however, that such largest beneficial owner and, to the extent relevant, each other holder of a Class R2 R Certificate, by its acceptance thereof irrevocably appoints the Company Servicer as its agent and attorney-in-fact to act as "tax matters person" with respect to the Upper Upper-Tier REMIC for purposes of the REMIC Provisions. The "tax matters person" with respect to the Lower Lower-Tier REMIC for purposes of the REMIC Provisions shall be (i) the CompanyServicer, if the Company Servicer is the owner of a Class R1 RL Certificate, or (ii) in any other case, the beneficial owner of the Class R1 RL Certificate having the largest Percentage Interest of such Class; provided, however, that such largest beneficial owner and, to the extent relevant, each other holder of a Class R1 RL Certificate, by its acceptance thereof irrevocably appoints the Company Servicer as its agent and attorney-in-fact to act as "tax matters person" with respect to the Lower Lower-Tier REMIC for purposes of the REMIC Provisions. (e) The "latest possible maturity date" of the regular interests in the Upper Upper-Tier REMIC and Lower Lower-Tier REMIC is the Latest Possible Maturity Date for purposes of section 860G(a)(1) of the Code. (f) In no the event shall that the assets described in clause Servicing Fee exceeds the amount reasonable for such services (viii) within the meaning of Treasury Regulation 1.860D-1(b)(1)(ii)), the portion or portions of such fee that can be measured as a fixed number of basis points on some or all of the definition Mortgage Loans and can be treated as one or more stripped coupons within the meaning of the term Trust Fund constitute a part of the Upper Tier REMIC or the Lower Tier REMIC Treasury Regulation 1.860D-1(b)(2)(iii) shall be treated as such stripped coupons and shall constitute an outside reserve fund owner by the Certificateholder depositing assets. For Federal income tax purposes, the Company, on behalf of the Trustee, shall account for such assets not be treated as required to comply with Treasury Regulations 1.860G-2(h) and (i) for such assets to be represented as separate from the REMICs created pursuant to this Agreementa REMIC asset.]

Designations under the REMIC Provisions. (a) The Company hereby designates the Lower Tier Interests identified in Section 2.05(a) above as "regular interests," and the Class R1 Certificate as the single class of "residual interests," in the Lower Tier REMIC for purposes of the REMIC Provisions. (b) The Company hereby designates the Classes of Certificates identified in Section 5.01(b), other than the Residual CertificatesCertificate, as "regular interests," and the Class R2 R Certificate as the single class of "residual interestsinterest," in the Upper Tier REMIC established hereunder for purposes of the REMIC Provisions. The assets of the REMIC established hereunder will consist of the assets and rights specified in clauses (i) though (viii) of the definition of the term Trust Fund, and any Rounding Accounts. (ca) The Closing Date will be the "Startup Day" for each of the Upper Tier REMIC and Lower Tier REMIC established hereunder for purposes of the REMIC Provisions. (db) The "tax matters person" with respect to the Upper Tier REMIC established hereunder for purposes of the REMIC Provisions shall be (i) the Company, if the Company is the owner of a Class R2 R Certificate, or (ii) in any other case, the beneficial owner of the Class R2 R Certificate having the largest Percentage Interest of such Class; provided, however, that such largest beneficial owner and, to the extent relevant, each other holder of a Class R2 R Certificate, by its acceptance thereof irrevocably appoints the Company as its agent and attorney-in-fact to act as "tax matters person" with respect to the Upper Tier REMIC for purposes of the REMIC Provisions. The "tax matters person" with respect to the Lower Tier REMIC for purposes of the REMIC Provisions shall be (i) the Company, if the Company is the owner of a Class R1 Certificate, or (ii) in any other case, the beneficial owner of the Class R1 Certificate having the largest Percentage Interest of such Class; provided, however, that such largest beneficial owner and, to the extent relevant, each other holder of a Class R1 Certificate, by its acceptance thereof irrevocably appoints the Company as its agent and attorney-in-fact to act as "tax matters person" with respect to the Lower Tier REMIC established hereunder for purposes of the REMIC Provisions. (ec) The "latest possible maturity date" of the regular interests in the Upper Tier REMIC and Lower Tier REMIC established hereunder is the Latest Possible Maturity Date for purposes of section 860G(a)(1) of the Code. (fd) In no the event shall that the assets described in clause Servicing Fee exceeds the amount reasonable for such services (viii) within the meaning of Treasury Regulation 1.860D-1(b)(1)(ii)), the portion or portions of such fee that can be measured as a fixed number of basis points on some or all of the definition Mortgage Loans and can be treated as one or more stripped coupons within the meaning of the term Trust Fund constitute a part of the Upper Tier REMIC or the Lower Tier REMIC Treasury Regulation 1.860D-1(b)(2)(iii) shall be treated as such stripped coupons and shall constitute an outside reserve fund owner by the Certificateholder depositing assets. For Federal income tax purposes, the Company, on behalf of the Trustee, shall account for such assets not be treated as required to comply with Treasury Regulations 1.860G-2(h) and (i) for such assets to be represented as separate from the REMICs created pursuant to this Agreementa REMIC asset.

Designations under the REMIC Provisions. (a) The Company hereby designates the Lower Tier Interests identified in Section 2.05(a) above as "regular interests," and the Class R1 RL Certificate as the single class of "residual interests," in the Lower Tier REMIC for purposes of the REMIC Provisions. (b) The Company hereby designates the Classes of Certificates identified in Section 5.01(b), other than the Residual Certificates, as "regular interests," and the Class R2 R Certificate as the single class of "residual interests," in the Upper Tier REMIC for purposes of the REMIC Provisions. (c) The Closing Date will be the "Startup Day" for each of the Upper Tier REMIC and Lower Tier REMIC for purposes of the REMIC Provisions. (d) The "tax matters person" with respect to the Upper Tier REMIC for purposes of the REMIC Provisions shall be (i) the Company, if the Company is the owner of a Class R2 R Certificate, or (ii) in any other case, the beneficial owner of the Class R2 R Certificate having the largest Percentage Interest of such Class; provided, however, that such largest beneficial owner and, to the extent relevant, each other holder of a Class R2 R Certificate, by its acceptance thereof irrevocably appoints the Company as its agent and attorney-in-fact to act as "tax matters person" with respect to the Upper Tier REMIC for purposes of the REMIC Provisions. The "tax matters person" with respect to the Lower Tier REMIC for purposes of the REMIC Provisions shall be (i) the Company, if the Company is the owner of a Class R1 RL Certificate, or (ii) in any other case, the beneficial owner of the Class R1 RL Certificate having the largest Percentage Interest of such Class; provided, however, that such largest beneficial owner and, to the extent relevant, each other holder of a Class R1 RL Certificate, by its acceptance thereof irrevocably appoints the Company as its agent and attorney-in-fact to act as "tax matters person" with respect to the Lower Tier REMIC for purposes of the REMIC Provisions. (e) The "latest possible maturity date" of the regular interests in the Upper Tier REMIC and Lower Tier REMIC is the Latest Possible Maturity Date for purposes of section 860G(a)(1) of the Code. (f) In no event shall the assets described in clause (viiix) of the definition of the term Trust Fund constitute a part of the Upper Tier REMIC or the Lower Tier REMIC and shall constitute an outside reserve fund owner owned by the Certificateholder depositing assets. For Federal income tax purposes, the Company, on behalf of the Trustee, shall account for such assets as required to comply with Treasury Regulations 1.860G-2(h) and (i) for such assets to be represented respected as separate from the REMICs created pursuant to this Agreement.

Designations under the REMIC Provisions. (a) The Company hereby designates the Lower Tier Interests identified in Section 2.05(a) above as "regular interests," and the Class R1 Certificate as the single class of "residual interests," in the Lower Tier REMIC for purposes of the REMIC Provisions. (b) The Company hereby designates the Classes of Certificates identified in Section 5.01(b), other than the Residual Certificates, as "regular interests," and the Class R2 Certificate as the single class of "residual interests," in the Upper Tier REMIC for purposes of the REMIC Provisions. (c) The Closing Date will be the "Startup Day" for each of the Upper Tier REMIC and Lower Tier REMIC for purposes of the REMIC Provisions. (d) The "tax matters person" with respect to the Upper Tier REMIC for purposes of the REMIC Provisions shall be (i) the Company, if the Company is the owner of a Class R2 Certificate, or (ii) in any other case, the beneficial owner of the Class R2 Certificate having the largest Percentage Interest of such Class; provided, however, that such largest beneficial owner and, to the extent relevant, each other holder of a Class R2 Certificate, by its acceptance thereof irrevocably appoints the Company as its agent and attorney-in-fact to act as "tax matters person" with respect to the Upper Tier REMIC for purposes of the REMIC Provisions. The "tax matters person" with respect to the Lower Tier REMIC for purposes of the REMIC Provisions shall be (i) the Company, if the Company is the owner of a Class R1 Certificate, or (ii) in any other case, the beneficial owner of the Class R1 Certificate having the largest Percentage Interest of such Class; provided, however, that such largest beneficial owner and, to the extent relevant, each other holder of a Class R1 Certificate, by its acceptance thereof irrevocably appoints the Company as its agent and attorney-in-fact to act as "tax matters person" with respect to the Lower Tier REMIC for purposes of the REMIC Provisions. (e) The "latest possible maturity date" of the regular interests in the Upper Tier REMIC and Lower Tier REMIC is the Latest Maturity Date for purposes of section 860G(a)(1) of the Code. (f) In no event shall the assets described in clause (viii) of the definition of the term Trust Fund constitute a part of the Upper Tier REMIC or the Lower Tier REMIC and shall constitute an outside reserve fund owner by the Certificateholder depositing assets. For Federal income tax purposes, the Company, on behalf of the Trustee, shall account for such assets as required to comply with Treasury Regulations 1.860G-2(h) and (i) for such assets to be represented as separate from the REMICs created pursuant to this Agreement.

Designations under the REMIC Provisions. (a) The Company hereby designates the Lower Tier Interests identified in Section 2.05(a) above Pool 1 Certificates, other than the Class 1-R Certificates, as "regular interests," and the Class R1 Certificate 1-R Certificates as the single class of "residual interests," in the Lower Tier REMIC for purposes of the Pool 1 Trust Fund established hereunder for REMIC Provisions. (b) purposes. The Company hereby designates the Classes of Certificates identified in Section 5.01(b)Pool 2 Certificates, other than the Residual Class 2-R Certificates, as "regular interests," and the Class R2 Certificate 2-R Certificates as the single class of "residual interests," in the Upper Tier REMIC for purposes of the Pool 2 Trust Fund established hereunder for REMIC Provisionspurposes. (cb) The Closing Date will be the "Startup Day" for each of the Upper Tier REMIC and Lower Tier REMIC established hereunder for purposes of the REMIC Provisions. (dc) The "tax matters person" with respect to the Upper Tier each REMIC established hereunder for purposes of the REMIC Provisions shall be (i) the Company, if the Company is the owner of a Class R2 related Residual Certificate, or (ii) in any other case, the beneficial owner of the Class R2 related Residual Certificate having the largest Percentage Interest of such Class; provided, however, that such largest beneficial owner and, to the extent relevant, each other holder of a Class R2 related Residual Certificate, by its acceptance thereof irrevocably appoints the Company as its agent and attorney-in-fact to act as "tax matters person" with respect to the Upper Tier each REMIC for purposes of the REMIC Provisions. The "tax matters person" with respect to the Lower Tier REMIC for purposes of the REMIC Provisions shall be (i) the Company, if the Company is the owner of a Class R1 Certificate, or (ii) in any other case, the beneficial owner of the Class R1 Certificate having the largest Percentage Interest of such Class; provided, however, that such largest beneficial owner and, to the extent relevant, each other holder of a Class R1 Certificate, by its acceptance thereof irrevocably appoints the Company as its agent and attorney-in-fact to act as "tax matters person" with respect to the Lower Tier REMIC established hereunder for purposes of the REMIC Provisions. (ed) The "latest possible maturity date" of the regular interests in the Upper Tier each REMIC and Lower Tier REMIC established hereunder is the related Latest Possible Maturity Date for purposes of section 860G(a)(1) of the Code. (fe) In no event shall the assets described in clause (viiix) of the definition of the term Pool 1 Trust Fund or the term Pool 2 Trust Fund constitute a part of the Upper Tier related REMIC established hereunder. (f) In the event that the Servicing Fee exceeds the amount reasonable for such services (within the meaning of Treasury Regulation 1.860D-1(b)(1)(ii)), the portion or portions of such fee that can be measured as a fixed number of basis points on some or all of the Lower Tier REMIC Mortgage Loans and can be treated as one or more stripped coupons within the meaning of Treasury Regulation 1.860D-1(b)(2)(iii) shall be treated as such stripped coupons and shall constitute not be treated as an outside reserve fund owner by the Certificateholder depositing assets. For Federal income tax purposes, the Company, on behalf asset of the Trustee, shall account for such assets as required to comply with Treasury Regulations 1.860G-2(h) and (i) for such assets to be represented as separate from the REMICs created pursuant to this Agreementrelated REMIC.