Common use of E Exhibit Clause in Contracts

E Exhibit. F Form of Transfer Affidavit and Agreement for Transfers of REMIC Residual Certificates..........................F Exhibit G-1 Form of Monthly Certificateholder Report.........................G-1 Exhibit G-2 Form of Specially Serviced Asset Report..........................G-2 Exhibit H-1 Comparative Financial Status Report..............................H-1 Exhibit H-2 Delinquent Loan Status Report....................................H-2 Exhibit H-3 Historical Loan Modification Report..............................H-3 Exhibit H-4 Historical Loss Estimate Report..................................H-4 Exhibit H-5 REO Status Report................................................H-5 Exhibit H-6 Watch List ......................................................H-6 Exhibit H-7 Operating Statement Analysis.....................................H-7 Exhibit H-8 NOI Adjustment Worksheet ........................................H-8 Exhibit H-9 CSSA Reports ....................................................H-9 Exhibit H-10 CSSA Reports ...................................................H-10 Exhibit H-11 CSSA Reports ...................................................H-11 SCHEDULES Schedule I MSMC Loan Schedule.................................................I Schedule II Xxxxxx Loan Schedule..............................................II THIS POOLING AND SERVICING AGREEMENT is dated and effective as of March 1, 1998 (this "Agreement") among XXXXXX XXXXXXX CAPITAL I INC., as depositor (the "Depositor"), AMRESCO SERVICES, L.P., as master servicer (the "Master Servicer"), LENNAR PARTNERS, INC., as special servicer (the "Special Servicer"), LASALLE NATIONAL BANK, as trustee (the "Trustee") of the trust created hereby (the "Trust"), and ABN AMRO BANK N.V., as fiscal agent (only in its capacity as a party required to make Advances pursuant to Article IV hereof) (the "Fiscal Agent").

E Exhibit. F Form of Transfer Affidavit and Agreement for Transfers of REMIC Residual Certificates........................................................F Exhibit G-1 Form of Monthly Certificateholder Report...........................................G-1 Exhibit G-2 Form of Specially Serviced Asset Report.............................................G-2 Exhibit H-1 Comparative Financial Status Report.....................................................H-1 Exhibit H-2 Delinquent Loan Status Report.................................................................H-2 Exhibit H-3 Historical Loan Modification Report.....................................................H-3 Exhibit H-4 Historical Loss Estimate Report.............................................................H-4 Exhibit H-5 REO Status Report.........................................................................................H-5 Exhibit H-6 Watch List .....................................................................................................H-6 Exhibit H-7 Operating Statement Analysis...................................................................H-7 Exhibit H-8 NOI Adjustment Worksheet .........................................................................H-8 Exhibit H-9 CSSA Reports .................................................................................................H-9 Exhibit H-10 CSSA Reports ...............................................................................................H-10 Exhibit H-11 CSSA Reports ...............................................................................................H-11 SCHEDULES Schedule I MSMC Loan Schedule...........................................................................................I Schedule II Xxxxxx Loan Schedule.....................................................................................II Schedule III Credit Lease Loan Schedule................................III Schedule IV Reserve Account Schedule...................................IV THIS POOLING AND SERVICING AGREEMENT is dated and effective as of March November 1, 1998 (this "AgreementAGREEMENT") among XXXXXX XXXXXXX CAPITAL I INC., as depositor (the "DepositorDEPOSITOR"), AMRESCO SERVICES, L.P., GMAC COMMERCIAL MORTGAGE CORPORATION as master servicer (the "Master Servicer"), LENNAR PARTNERS, INC., and as special servicer (the "Special ServicerMASTER SERVICER" or "SPECIAL SERVICER", as applicable ), LASALLE NATIONAL BANK, as trustee (the "TrusteeTRUSTEE") of the trust created hereby (the "TrustTRUST"), and ABN AMRO BANK N.V., as fiscal agent (only in its capacity as a party required to make Advances pursuant to Article IV hereof) (the "Fiscal FISCAL Agent").

E Exhibit. F Form of Transfer Affidavit and Agreement for Transfers of REMIC Residual Certificates...................................................F Exhibit G-1 Form of Monthly Certificateholder Report................................................G-1 Exhibit G-2 Form of Specially Serviced Asset Report..................................................G-2 Exhibit H-1 Comparative Financial Status Report..........................................................H-1 Exhibit H-2 Delinquent Loan Status Report......................................................................H-2 Exhibit H-3 Historical Loan Modification Report..........................................................H-3 Exhibit H-4 Historical Loss Estimate Report..................................Report ...............................H-4 Exhibit H-5 REO Status Report................................................Report .............................................H-5 Exhibit H-6 Watch List ..........................................................................................................H-6 Exhibit H-7 Operating Statement Analysis........................................................................H-7 Exhibit H-8 NOI Adjustment Worksheet ..............................................................................H-8 Exhibit H-9 CSSA Reports ......................................................................................................H-9 Exhibit H-10 CSSA Reports ....................................................................................................H-10 Exhibit H-11 CSSA Reports ....................................................................................................H-11 SCHEDULES Schedule I MSMC Loan Schedule................................................................................................I Schedule II Xxxxxx Loan Schedule..........................................................................................II Schedule III Credit Lease Loan Schedule ....................................III Schedule IV Reserve Account Schedule........................................IV THIS POOLING AND SERVICING AGREEMENT is dated and effective as of March November 1, 1998 (this "AgreementAGREEMENT") among XXXXXX XXXXXXX CAPITAL I INC., as depositor (the "DepositorDEPOSITOR"), AMRESCO SERVICES, L.P., GMAC COMMERCIAL MORTGAGE CORPORATION as master servicer (the "Master Servicer"), LENNAR PARTNERS, INC., and as special servicer (the "Special ServicerMASTER SERVICER" or "SPECIAL SERVICER", as applicable ), LASALLE NATIONAL BANK, as trustee (the "TrusteeTRUSTEE") of the trust created hereby (the "TrustTRUST"), and ABN AMRO BANK N.V., as fiscal agent (only in its capacity as a party required to make Advances pursuant to Article IV hereof) (the "Fiscal AgentFISCAL AGENT").

E Exhibit. F Form of Transfer Affidavit and Agreement for Transfers of REMIC Residual Certificates.................................................................F Exhibit G-1 Form of Monthly Certificateholder Report.......................................................G-1 Exhibit G-2 Form of Specially Serviced Asset Report.........................................................G-2 Exhibit H-1 Comparative Financial Status Report.................................................................H-1 Exhibit H-2 Delinquent Loan Status Report.............................................................................H-2 Exhibit H-3 Historical Loan Modification Report.................................................................H-3 Exhibit H-4 Historical Loss Estimate Report.........................................................................H-4 Exhibit H-5 REO Status Report.....................................................................................................H-5 Exhibit H-6 Watch List .................................................................................................................H-6 Exhibit H-7 Operating Statement Analysis...............................................................................H-7 Exhibit H-8 NOI Adjustment Worksheet .....................................................................................H-8 Exhibit H-9 CSSA Reports .............................................................................................................H-9 Exhibit H-10 CSSA Reports ...........................................................................................................H-10 Exhibit H-11 CSSA Reports ...........................................................................................................H-11 SCHEDULES Schedule I MSMC FINOVA Loan Schedule.....................................................................................................I Schedule II Xxxxxx Owner Trust Loan Schedule..............................................II EXHIBIT A-1 [FORM OF CLASS A-1 CERTIFICATE] THIS POOLING CERTIFICATE DOES NOT CONSTITUTE AN OBLIGATION OF OR AN INTEREST IN THE DEPOSITOR, ANY UNDERWRITER, THE TRUSTEE, THE MASTER SERVICER, THE SPECIAL SERVICER OR ANY OF THEIR RESPECTIVE AFFILIATES, AND SERVICING AGREEMENT is dated and effective as of March 1WILL NOT BE INSURED OR GUARANTEED BY ANY SUCH ENTITY OR BY ANY GOVERNMENTAL AGENCY. NOTWITHSTANDING THE ABOVE, 1998 IF THE TRANSFEREE OF THIS CERTIFICATE IS AN EMPLOYEE BENEFIT OR OTHER PLAN SUBJECT TO THE FIDUCIARY RESPONSIBILITY PROVISIONS OF THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974, AS AMENDED, OR SECTION 4975 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED (this THE "AgreementCODE"), OR ANY PERSON ACTING ON BEHALF OF ANY SUCH PLAN OR USING THE ASSETS OF ANY SUCH PLAN TO ACQUIRE OR HOLD THIS CERTIFICATE, SUCH PLAN OR SUCH PERSON MUST BE AN "ACCREDITED INVESTOR" WITHIN THE MEANING OF RULE 501(A)(1), (2), (3) OR (7) OF REGULATION D OF THE UNITED STATES SECURITIES ACT OF 1933, AS AMENDED (THE "SECURITIES ACT"). THE PORTION OF THE CERTIFICATE PRINCIPAL BALANCE OF THE CERTIFICATES EVIDENCED BY THIS CERTIFICATE WILL BE DECREASED BY THE PORTION OF PRINCIPAL DISTRIBUTIONS, REALIZED LOSSES AND CERTAIN EXPENSE LOSSES ON THE CERTIFICATES ALLOCABLE TO THIS CLASS A-1 CERTIFICATE. ACCORDINGLY, THE CERTIFICATE PRINCIPAL BALANCE OF THIS CERTIFICATE MAY BE LESS THAN THAT SET FORTH BELOW. ANYONE ACQUIRING THIS CERTIFICATE MAY ASCERTAIN ITS CURRENT CERTIFICATE PRINCIPAL BALANCE BY INQUIRY OF THE TRUSTEE. SOLELY FOR U.S. FEDERAL INCOME TAX PURPOSES, THIS CERTIFICATE IS A "REGULAR INTEREST" IN A "REAL ESTATE MORTGAGE INVESTMENT CONDUIT" AS THOSE TERMS ARE DEFINED, RESPECTIVELY, IN SECTIONS 860G AND 860D OF THE CODE. THIS CLASS A-1 CERTIFICATE WAS ISSUED ON APRIL __, 1999 AND IS NOT TREATED AS HAVING BEEN ISSUED WITH ORIGINAL ISSUE DISCOUNT ("OID") among FOR FEDERAL INCOME TAX PURPOSES. THE ISSUE PRICE OF THIS CERTIFICATE IS _____% OF THE ORIGINAL PRINCIPAL AMOUNT OF THIS CERTIFICATE. THE YIELD TO MATURITY OF THIS CERTIFICATE FOR PURPOSES OF COMPUTING OID WOULD BE APPROXIMATELY _____% PER ANNUM, COMPOUNDED MONTHLY. THE METHOD USED TO CALCULATE THE YIELD TO MATURITY IS THE EXACT METHOD. THE ACTUAL YIELD TO MATURITY AND OID ON THIS CERTIFICATE MAY DIFFER FROM THE PROJECTED AMOUNTS. THE PREPAYMENT ASSUMPTION USED IN CALCULATING THE YIELD TO MATURITY IS 0% CPR AND THE PAYMENT OF THE BALLOON PAYMENT ON THE HYPERAMORTIZATION DATE IN THE CASE OF THE HYPERAMORTIZATION LOANS. NO REPRESENTATION IS MADE THAT THE MORTGAGE LOANS WILL PREPAY AT THE ASSUMED RATE OR ANY OTHER RATE. UNLESS THIS CERTIFICATE IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY TRUST COMPANY, A NEW YORK CORPORATION ("DTC"), TO THE TRUSTEE OR ITS AGENT FOR REGISTRATION OF TRANSFER, EXCHANGE, OR PAYMENT, AND ANY CERTIFICATE ISSUED IS REGISTERED IN THE NAME OF CEDE & CO. OR IN SUCH OTHER NAME AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC (AND ANY PAYMENT HEREON IS MADE TO CEDE & CO. OR TO SUCH OTHER ENTITY AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL INASMUCH AS THE REGISTERED OWNER HEREOF, CEDE & CO., HAS AN INTEREST HEREIN. XXXXXX XXXXXXX CAPITAL I INC.. COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 1999-FNV1 INITIAL PASS-THROUGH RATE: 6.12% CERTIFICATE PRINCIPAL BALANCE OF THIS CLASS A-1 CERTIFICATE AS OF THE CLOSING DATE $101,000,000 DATE OF POOLING & SERVICING , MASTER SERVICER: AMRESCO SERVICES, L.P. AGREEMENT: AS OF APRIL 1 1999 CUT-OFF DATE: APRIL 1, 1999 INITIAL SPECIAL SERVICER: BANC ONE MORTGAGE CAPITAL MARKETS, LLC CLOSING DATE: APRIL 21, 1999 TRUSTEE: NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION FIRST DISTRIBUTION DATE: MAY 15, 1999 AGGREGATE CERTIFICATE PRINCIPAL CUSIP NO. BALANCE OF THE CLASS A-1 CERTIFICATE AS OF THE CLOSING DATE: NO. 1 $101,000,000 CLASS A-1 CERTIFICATE evidencing a beneficial ownership interest in a Trust, consisting primarily of a pool of commercial and multifamily mortgage loans (the "Mortgage Loans") and certain other property, formed and sold by XXXXXX XXXXXXX CAPITAL I INC. THIS CERTIFIES THAT Cede & Co. is the registered owner of the interest evidenced by this Certificate in the Class A-1 Certificates issued by the Trust created pursuant to the Pooling and Servicing Agreement, dated as depositor specified above (the "Pooling and Servicing Agreement"), among Xxxxxx Xxxxxxx Capital I Inc. (hereinafter called the "Depositor", which term includes any successor entity under the Pooling and Servicing Agreement), AMRESCO SERVICESthe Trustee, L.P.the Master Servicer and the Special Servicer, a summary of certain of the pertinent provisions of which is set forth hereafter. The Trust consists primarily of the Mortgage Loans, such amounts as master servicer shall from time to time be held in the Collection Account, the Distribution Account, the Insurance Policies and any REO Properties. To the extent not defined herein, the capitalized terms used herein have the meanings assigned in the Pooling and Servicing Agreement. The Certificate is one of a duly authorized issue of Certificates designated as Certificates of the series specified on the face hereof (herein called the "Master Servicer"), LENNAR PARTNERS, INC., as special servicer (the "Special Servicer"), LASALLE NATIONAL BANK, as trustee (the "TrusteeCertificates") and representing an interest in the Class of Certificates specified on the face hereof equal to the quotient expressed as a percentage obtained by dividing the Certificate Principal Balance of this Certificate specified on the face hereof by the aggregate initial Certificate Principal Balance of the trust created hereby (Class A-1 Certificates. The Certificates are designated as the "Trust")Xxxxxx Xxxxxxx Capital I Inc., Commercial Mortgage Pass-Through Certificates, Series 1999-FNV1 and ABN AMRO BANK N.V., are issued in nineteen Classes as fiscal agent (only specifically set forth in its capacity as a party required to make Advances pursuant to Article IV hereof) (the "Fiscal Agent").Pooling and