Common use of Financial Statements and Exhibits Clause in Contracts

Financial Statements and Exhibits. N/A 10-K Must be filed within 90 days of the fiscal year end for the registrant. 9B Other Information Disclose any information required to be reported on Form 8-K during the fourth quarter covered by the Form 10-K but not reported Depositor 15 Exhibits and Financial Statement Schedules Item 1112(b) - Significant Obligor Financial Information N/A Item 1114(b)(2) - Credit Enhancement Provider Financial Information Determining applicable disclosure threshold Obtaining required financial information or effecting incorporation by reference Depositor Depositor Item 1115(b) - Derivative Counterparty Financial Information Determining current maximum probable exposure Determining current significance percentage Obtaining required financial information or effecting incorporation by reference Trust Administrator Trust Administrator Depositor Item 1119 - Affiliations and relationships between the following entities, or their respective affiliates entered into outside the ordinary course of business or is on terms other than would be obtained in an arm’s length transaction with an unrelated third party, apart from the asset-backed securities transaction, that are material to Certificateholders: Seller Depositor Trustee Trust Administrator Issuing entity Servicer Originator Custodian Credit Enhancer/Support Provider, if any Significant Obligor, if any Seller Depositor Trustee Trust Administrator Issuing entity Servicer Originator Custodian Depositor Depositor Item 1122 - Assessment of Compliance with Servicing Criteria Each Party participating in the servicing function Item 1123 - Servicer Compliance Statement Servicer EXHIBIT C SERVICING CRITERIA TO BE ADDRESSED IN ASSESSMENT OF COMPLIANCE Definitions Primary Servicer - transaction party having borrower contact Master Servicer - aggregator of pool assets Trust Administrator - waterfall calculator (may be the Trustee, or may be the Master Servicer) Back-up Servicer - named in the transaction (in the event a Back up Servicer becomes the Primary Servicer, follow Primary Servicer obligations) Custodian - safe keeper of pool assets Paying Agent - distributor of funds to ultimate investor (Trust Administrator performs this function) Trustee - fiduciary of the transaction Note: The definitions above describe the essential function that the party performs, rather than the party’s title. So, for example, in a particular transaction, the trustee may perform the “paying agent” and “trust administrator” functions, while in another transaction, the trust administrator may perform these functions. Where there are multiple checks for criteria the attesting party will identify in their management assertion that they are attesting only to the portion of the distribution chain they are responsible for in the related transaction agreements. Key:

Appears in 7 contracts

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Wfhe3), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Wfhe2), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Wfhe2)

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Financial Statements and Exhibits. N/A The Responsible Party applicable to reportable event, other than the Trustee 10-K Must be filed within 90 days of the fiscal year end for the registrant. 9B Other Information Disclose any information required to be reported on Form 8-K during the fourth quarter covered by the Form 10-K but not reported Depositor The Responsible Party for the applicable Form 8-K item as indicated above 15 Exhibits and Financial Statement Schedules Item 1112(b) - Significant Obligor Financial Information N/A Item 1114(b)(2) - Credit Enhancement Provider Financial Information Determining applicable disclosure threshold Obtaining Requesting required financial information or effecting incorporation by reference Depositor Trust Administrator Depositor Item 1115(b) - Derivative Counterparty Financial Information Determining current maximum probable exposure Determining current significance percentage Obtaining Requesting required financial information or effecting incorporation by reference Depositor Trust Administrator Trust Administrator Item 1117 - Legal proceedings pending against the following entities, or their respective property, that is material to Certificateholders, including proceedings known to be contemplated by governmental authorities: Seller Depositor Trustee Issuing entity Master Servicer Originator Custodian Servicer Seller Depositor Trustee Master Servicer Custodian Servicer Item 1119 - Affiliations and relationships between the following entities, or their respective affiliates entered into outside the ordinary course of business or is on terms other than would be obtained in an arm’s length transaction with an unrelated third party, apart from the asset-backed securities transactionaffiliates, that are material to Certificateholders: Seller Depositor Trustee Trust Administrator Issuing entity Master Servicer Servicer Originator Custodian Credit Enhancer/Support Provider, if any Significant Obligor, if any Seller (i) All parties to the Pooling and Servicing Agreement (as to themselves), (ii) the Depositor Trustee Trust Administrator as to the Sponsor, Originator, Significant Obligor, Credit Enhancer/Support Provider and (iii) the Depositor as to the Issuing entity Servicer Originator Custodian Depositor Depositor Item 1122 - Assessment of Compliance with Servicing Criteria Each Party participating in the servicing function Master Servicer Trust Administrator Custodian Servicer Item 1123 - Servicer -Servicer Compliance Statement Master Servicer Trust Administrator Servicer EXHIBIT C SERVICING CRITERIA TO BE ADDRESSED IN ASSESSMENT OF COMPLIANCE Definitions Primary Servicer - transaction party having borrower contact Master Servicer - aggregator of pool assets Trust Administrator - waterfall calculator (may be the Trustee, or may be the Master Servicer) Back-up Servicer - named in the transaction (in the event a Back up Servicer becomes the Primary Servicer, follow Primary Servicer obligations) Custodian - safe keeper of pool assets Paying Agent - distributor of funds to ultimate investor (Trust Administrator performs this function) Trustee - fiduciary of the transaction Note: The definitions above describe the essential function that the party performs, rather than the party’s title. So, for example, in a particular transaction, the trustee may perform the “paying agent” and “trust administrator” functions, while in another transaction, the trust administrator may perform these functions. Where there are multiple checks for criteria the attesting party will identify in their management assertion that they are attesting only to the portion of the distribution chain they are responsible for in the related transaction agreements. Key:

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Opx1), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Amc2), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Amc2)

Financial Statements and Exhibits. N/A The Responsible Party applicable to reportable event, other than the Trustee 10-K Must be filed within 90 days of the fiscal year end for the registrant. 9B Other Information Disclose any information required to be reported on Form 8-K during the fourth quarter covered by the Form 10-K but not reported Depositor The Responsible Party for the applicable Form 8-K item as indicated above 15 Exhibits and Financial Statement Schedules Item 1112(b) - Significant Obligor Financial Information N/A Item 1114(b)(2) - Credit Enhancement Provider Financial Information Determining applicable disclosure threshold Obtaining Requesting required financial information or effecting incorporation by reference Depositor Trust Administrator Depositor Item 1115(b) - Derivative Counterparty Financial Information Determining current maximum probable exposure Determining current significance percentage Obtaining Requesting required financial information or effecting incorporation by reference Depositor Trust Administrator Trust Administrator Item 1117 - Legal proceedings pending against the following entities, or their respective property, that is material to Certificateholders, including proceedings known to be contemplated by governmental authorities: Seller Depositor Trustee Issuing entity Master Servicer Originator Custodian Seller Depositor Trustee Master Servicer Custodian Item 1119 - Affiliations and relationships between the following entities, or their respective affiliates entered into outside the ordinary course of business or is on terms other than would be obtained in an arm’s length transaction with an unrelated third party, apart from the asset-backed securities transactionaffiliates, that are material to Certificateholders: Seller Depositor Trustee Trust Administrator Issuing entity Master Servicer Originator Custodian Credit Enhancer/Support Provider, if any Significant Obligor, if any Seller (i) All parties to the Pooling and Servicing Agreement (as to themselves), (ii) the Depositor Trustee Trust Administrator as to the Sponsor, Originator, Significant Obligor, Credit Enhancer/Support Provider and (iii) the Depositor as to the Issuing entity Servicer Originator Custodian Depositor Depositor Item 1122 - Assessment of Compliance with Servicing Criteria Each Party participating Master Servicer Trust Administrator Custodian Servicer Item 1123 -Servicer Compliance Statement Master Servicer Servicer EXHIBIT Q ADDITIONAL DISCLOSURE NOTIFICATION **SEND VIA FAX TO [XXX-XXX-XXXX] AND VIA EMAIL TO [ ] AND VIA OVERNIGHT MAIL TO THE ADDRESS IMMEDIATELY BELOW** Xxxxx Fargo Bank, N.A., as Trust Administrator Xxx Xxxxxxxxx Xxxx Xxxxxxxx, Xxxxxxxx 00000 Attn: Corporate Trust Services- [DEAL NAME]—SEC REPORT PROCESSING RE: **Additional Form [10-D][10-K][8-K] Disclosure** Required Ladies and Gentlemen: In accordance with Section [ ] of the Pooling and Servicing Agreement, dated as of March 1, 2006, among Mortgage Asset Securitization Transactions, Inc. as Depositor, Xxxxx Fargo Bank, N.A. as Master Servicer and Trust Administrator, Xxxxx Fargo Bank, N.A. as Servicer and U.S. Bank National Association as Trustee, the undersigned, as [ ], hereby notifies you that certain events have come to our attention that [will] [may] need to be disclosed on Form [10-D][10-K][8-K]. Description of Additional Form [10-D][10-K][8-K] Disclosure: List of any Attachments hereto to be included in the servicing function Item 1123 - Additional Form [10-D][10-K][8-K] Disclosure: Any inquiries related to this notification should be directed to [ ], phone number: [ ]; email address: [ ]. [NAME OF PARTY], as [role] By: ____________________________ Name: Title: EXHIBIT R-1 FORM OF DELINQUENCY REPORT AND MONTHLY REMITTANCE ADVICE LOAN_NUMBER INVESTOR_LOAN_NUMBER ACTUAL_ADDITIONAL_PRINCIPAL ADDITIONAL_PRINCIPAL_COLLECTED ANCILLARY_FEES_REMITTED_INV ANCILLARY_FEES_REMITTED_OTHER BANKRUPTCY_STATUS BEGINNING_INTEREST_ADVANCED BEGINNING_INVESTOR_BALANCE BEGINNING_INVESTOR_NOTE_RATE BEGINNING_INVESTOR_PAYMENT_AMT BEGINNING_INVESTOR_SERV_FEE CONTROL_LAST_CUTOFF_DATE CORPORATE_ADVANCE_BALANCE DATE_ARCHIVED DATE_LAST_MODIFIED DELINQUENT_INTEREST DELINQUENT_PRINCIPAL DELINQUENT_SERVICE_FEE ESCROW_ADVANCE_BALANCE ESCROW_ADVANCE_RECOVERED ESCROW_BALANCE ESCROW_REMITTED FIXED_INSTAL_ON_LIQUIDATION FNMA_ACTION_CODE FNMA_ACTION_DATE FNMA_DELINQUENT_REASON_CODE FNMA_DELINQUENT_STATUS_CODE FORECLOSURE_STATUS GUARANTY_FEE_EXPENSE INTEREST_ADJUSTMENT_ON_PAYOFF INTEREST_ADJUSTMENT_ON_REO INTEREST_COLLECTED INTEREST_ONLY_ADJUSTMENT INTEREST_REMITTED INVESTOR_ADVANCING_STATUS INVESTOR_CUSTNO INVESTOR_INTEREST_STRIPS INVESTOR_TYPE LAST_INV_HIST_SEQUENCE_NUMBER LAST_MODIFIED_BY_USER LAST_SERV_HIST_SEQUENCE_NUMBER LIQUIDATION_PRINCIPAL LIQUIDATION_TYPE LOAN_DUE_DATE LOAN_NOTE_RATE LOAN_PARTICIPANT_PRINCIPAL LOAN_PAYMENT_AMOUNT LOAN_PRINCIPAL LOAN_SCHEDULED_NOTE_RATE LOAN_SCHEDULED_PART_PRINCIPAL LOAN_SCHEDULED_PAYMENT_AMOUNT LOAN_SCHEDULED_PRINCIPAL LOAN_STATUS LOAN_STATUS_DATE MASTER_SERVICE_FEE MASTER_SERVICE_FEE_ADJUSTMENT OTHER_INTEREST_STRIPS PASS_THRU_INTEREST_EXPENSE PREPAID_INTEREST PREPAID_PRINCIPAL PREPAID_SERVICE_FEE PRINCIPAL_ADJUSTMENTS PRINCIPAL_COLLECTED PRINCIPAL_REMITTED REO_BACKED_OUT_SCHED_INTEREST REO_BACKED_OUT_SCHED_PRINCIPAL REO_SHORTFALL REO_STATUS SALE_CURRENT_SERVICE_FEE_RATE SALE_MONTHLY_COLATERAL_FEE SALE_MONTHLY_DEL_FEE SALE_MONTHLY_FEE SALE_MONTHLY_PAYOFF_FEE SALE_MONTHLY_SPECIAL_FEE SALE_NUMBER SALE_SCHEDULED_SERV_FEE_RATE SBO_DATE SCHEDULED_INTEREST_AMOUNT SCHEDULED_PRINCIPAL_AMOUNT SCHEDULED_SERV_FEE_AMOUNT SERVICE_FEE_EARNED SERVICE_FEE_ON_LIQUIDATION SERVICE_FEE_PAID SERV_FEE_ON_DEL_CURTAILMENTS SERV_FEE_ON_PRINCIPAL_ADJUST SOURCE_CODE TRUSTEE_INTEREST_STRIPS REMITTANCE INVESTOR PENDING_INVESTOR XXXXXX.XXXX_NUMBER LIEN TYPE NEXT_DUE CUTOFF_DATE UPB DQ_BUCKET CHAPTER TYPE GROSSTYPE BK_DATE [RESERVED] EXHIBIT R-3 FORM OF REALIZED LOSS REPORT Calculation of Realized Loss/Gain Form 332- Instruction Sheet NOTE: Do not net or combine items. Show all expenses individually and all credits as separate line items. Claim packages are due on the remittance report date. Late submissions may result in claims not being passed until the following month. The Servicer Compliance Statement Servicer EXHIBIT C SERVICING CRITERIA TO BE ADDRESSED IN ASSESSMENT OF COMPLIANCE Definitions Primary Servicer - transaction party having borrower contact Master Servicer - aggregator is responsible to remit all funds pending loss approval and /or resolution of pool assets Trust Administrator - waterfall calculator (may be the Trustee, or may be the Master Servicer) Back-up Servicer - named in the transaction (in the event a Back up Servicer becomes the Primary Servicer, follow Primary Servicer obligations) Custodian - safe keeper of pool assets Paying Agent - distributor of funds to ultimate investor (Trust Administrator performs this function) Trustee - fiduciary of the transaction Note: The definitions above describe the essential function that the party performs, rather than the party’s title. So, for example, in a particular transaction, the trustee may perform the “paying agent” and “trust administrator” functions, while in another transaction, the trust administrator may perform these functions. Where there are multiple checks for criteria the attesting party will identify in their management assertion that they are attesting only to the portion of the distribution chain they are responsible for in the related transaction agreements. Key:any disputed items.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2006-Wmc1), Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2006-Wmc1), Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2006-Wmc1)

Financial Statements and Exhibits. N/A 10-K Must be filed within 90 days of the fiscal year end for the registrant. 9B Other Information Disclose any information required to be reported on Form 8-K during the fourth quarter covered by the Form 10-K but not reported Depositor 15 Exhibits and Financial Statement Schedules Item 1112(b) - Significant Obligor Financial Information N/A Item 1114(b)(2) - Credit Enhancement Provider Financial Information Determining applicable disclosure threshold Obtaining required financial information or effecting incorporation by reference Depositor Depositor Item 1115(b) - Derivative Counterparty Financial Information Determining current maximum probable exposure Determining current significance percentage Obtaining required financial information or effecting incorporation by reference Trust Administrator Trust Administrator Depositor Item 1119 - Affiliations and relationships between the following entities, or their respective affiliates entered into outside the ordinary course of business or is on terms other than would be obtained in an arm’s length transaction with an unrelated third party, apart from the asset-backed securities transaction, that are material to Certificateholders: Seller Depositor Trustee Trust Administrator Issuing entity Servicer Originator Custodian Credit Enhancer/Support Provider, if any Significant Obligor, if any Seller Depositor Trustee Trust Administrator Issuing entity Servicer Originator Custodian Depositor Depositor Item 1122 - Assessment of Compliance with Servicing Criteria Each Party participating in the servicing function Item 1123 - Servicer Compliance Statement Servicer EXHIBIT C SERVICING CRITERIA TO BE ADDRESSED IN ASSESSMENT OF COMPLIANCE Definitions Primary Servicer - Servicer- transaction party having borrower contact Master Servicer - aggregator of pool assets Trust Administrator - waterfall calculator (may be the Trustee, or may be the Master Servicer) Back-up Servicer - named in the transaction (in the event a Back Back-up Servicer becomes the Primary Servicer, follow Primary Servicer obligations) Custodian - safe keeper of pool assets Paying Agent - distributor of funds to ultimate investor (Trust Administrator performs this function) Trustee - fiduciary of the transaction Note: The definitions above describe the essential function that the party performs, rather than the party’s title. So, for example, in a particular transaction, the trustee may perform the “paying agent” and “trust administrator” functions, while in another transaction, the trust administrator may perform these functions. Where there are multiple checks for criteria the attesting party will identify in their management assertion that they are attesting only to the portion of the distribution chain they are responsible for in the related transaction agreements. Key:

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Ahl1), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Amc1)

Financial Statements and Exhibits. N/A 10-K Must be filed within 90 days of the fiscal year end for the registrant. 9B Other Information Disclose any information required to be reported on Form 8-K during the fourth quarter covered by the Form 10-K but not reported Depositor 15 Exhibits and Financial Statement Schedules Item 1112(b) - Significant Obligor Financial Information N/A X Item 1114(b)(2) - Credit Enhancement Provider Financial Information Determining applicable disclosure threshold Obtaining X Requesting required financial information or effecting incorporation by reference Depositor Depositor X (direction to Securities Administrator to incorporate insurer financials by reference) Item 1115(b) - Derivative Counterparty Financial Information Determining current maximum probable exposure Determining current significance percentage Obtaining Requesting required financial information or effecting incorporation by reference Trust Item 1117 - Legal proceedings pending against the following entities, or their respective property, that is material to Certificateholders, including proceedings known to be contemplated by governmental authorities: Sponsor (Seller) X Depositor X Trustee Issuing entity X Master Servicer, affiliated Servicer, other Servicer servicing 20% or more of pool assets at time of report, other material servicers X Securities Administrator Trust Administrator Depositor X Originator of 20% or more of pool assets as of the Cut-off Date X Custodian X Item 1119 - Affiliations and relationships between the following entities, or their respective affiliates entered into outside the ordinary course of business or is on terms other than would be obtained in an arm’s length transaction with an unrelated third party, apart from the asset-backed securities transactionaffiliates, that are material to Certificateholders: Seller Sponsor (Seller) X Depositor X Trustee Trust X Master Servicer, affiliated Servicer, other Servicer servicing 20% or more of pool assets at time of report, other material servicers X Securities Administrator Issuing entity Servicer X Originator X Custodian X Credit Enhancer/Support Provider, if any Provider X Significant Obligor, if any Seller Depositor Trustee Trust Administrator Issuing entity Servicer Originator Custodian Depositor Depositor Obligor X Item 1122 - Assessment of Compliance with Servicing Criteria Each Party participating in the servicing function X X X Item 1123 - Servicer Compliance Statement Servicer EXHIBIT C SERVICING CRITERIA TO BE ADDRESSED IN ASSESSMENT OF COMPLIANCE Definitions Primary Servicer - transaction party having borrower contact Master Servicer - aggregator of pool assets Trust Administrator - waterfall calculator (may be the Trustee, or may be the Master Servicer) Back-up Servicer - named in the transaction (in the event a Back up Servicer becomes the Primary Servicer, follow Primary Servicer obligations) Custodian - safe keeper of pool assets Paying Agent - distributor of funds to ultimate investor (Trust Administrator performs this function) Trustee - fiduciary of the transaction Note: The definitions above describe the essential function that the party performs, rather than the party’s title. So, for example, in a particular transaction, the trustee may perform the “paying agent” and “trust administrator” functions, while in another transaction, the trust administrator may perform these functions. Where there are multiple checks for criteria the attesting party will identify in their management assertion that they are attesting only to the portion of the distribution chain they are responsible for in the related transaction agreements. Key:X

Appears in 1 contract

Samples: Servicing Agreement (Citigroup HELOC Trust 2006-Ncb1)

Financial Statements and Exhibits. N/A The Responsible Party applicable to reportable event, other than the Trustee 10-K Must be filed within 90 days of the fiscal year end for the registrant. 9B Other Information Disclose any information required to be reported on Form 8-K during the fourth quarter covered by the Form 10-K but not reported Depositor The Responsible Party for the applicable Form 8-K item as indicated above 15 Exhibits and Financial Statement Schedules Item 1112(b) - Significant Obligor Financial Information N/A Item 1114(b)(2) - Credit Enhancement Provider Financial Information Determining applicable disclosure threshold Obtaining Requesting required financial information or effecting incorporation by reference Depositor Trust Administrator Depositor Item 1115(b) - Derivative Counterparty Financial Information Determining current maximum probable exposure Determining current significance percentage Obtaining Requesting required financial information or effecting incorporation by reference Depositor Trust Administrator Trust Administrator Item 1117 - Legal proceedings pending against the following entities, or their respective property, that is material to Certificateholders, including proceedings known to be contemplated by governmental authorities: Seller Depositor Trustee Issuing entity Master Servicer Originator Custodian Servicer Seller Depositor Trustee Master Servicer Custodian Servicer Item 1119 - Affiliations and relationships between the following entities, or their respective affiliates entered into outside the ordinary course of business or is on terms other than would be obtained in an arm’s length transaction with an unrelated third party, apart from the asset-backed securities transactionaffiliates, that are material to Certificateholders: Seller Depositor Trustee Trust Administrator Issuing entity Master Servicer Originator Custodian Servicer Credit Enhancer/Support Provider, if any Significant Obligor, if any Seller (i) All parties to the Pooling and Servicing Agreement (as to themselves), (ii) the Depositor Trustee Trust Administrator as to the Sponsor, Originator, Significant Obligor, Credit Enhancer/Support Provider and (iii) the Depositor as to the Issuing entity Servicer Originator Custodian Depositor Depositor Item 1122 - Assessment of Compliance with Servicing Criteria Each Party participating Master Servicer Trust Administrator Custodian Servicer Item 1123 -Servicer Compliance Statement Master Servicer Servicer EXHIBIT Q ADDITIONAL DISCLOSURE NOTIFICATION **SEND VIA FAX TO [XXX-XXX-XXXX] AND VIA EMAIL TO [ ] AND VIA OVERNIGHT MAIL TO THE ADDRESS IMMEDIATELY BELOW** Xxxxx Fargo Bank, N.A., as Trust Administrator Xxx Xxxxxxxxx Xxxx Xxxxxxxx, Xxxxxxxx 00000 Attn: Corporate Trust Services- [DEAL NAME]—SEC REPORT PROCESSING Mortgage Asset Securitization Transactions, Inc. 0000 Xxxxxx xx xxx Xxxxxxxx Xxx Xxxx, Xxx Xxxx 00000 RE: **Additional Form [10-D][10-K][8-K] Disclosure** Required Ladies and Gentlemen: In accordance with Section [ ] of the Pooling and Servicing Agreement, dated as of September 1, 2006, among Mortgage Asset Securitization Transactions, Inc. as Depositor, JPMorgan Chase Bank, National Association as Servicer, Xxxxx Fargo Bank, N.A. as Master Servicer and Trust Administrator and U.S. Bank National Association as Trustee, the undersigned, as [ ], hereby notifies you that certain events have come to our attention that [will] [may] need to be disclosed on Form [10-D][10-K][8-K]. Description of Additional Form [10-D][10-K][8-K] Disclosure: List of any Attachments hereto to be included in the servicing function Item 1123 - Servicer Compliance Statement Servicer Additional Form [10-D][10-K][8-K] Disclosure: Any inquiries related to this notification should be directed to [ ], phone number: [ ]; email address: [ ]. [NAME OF PARTY], as [role] By: _____________________________ Name: Title: EXHIBIT C SERVICING CRITERIA TO BE ADDRESSED IN ASSESSMENT R-1 FORM OF COMPLIANCE Definitions Primary Servicer - transaction party having borrower contact Master Servicer - aggregator of pool assets Trust Administrator - waterfall calculator (DELINQUENCY REPORT Column/Header Name Description Decimal Format Comment SERVICER_LOAN_NBR A unique number assigned to a loan by the Servicer. This may be different than the Trustee, or may be LOAN_NBR LOAN_NBR A unique identifier assigned to each loan by the Master Servicer) Back-up originator. CLIENT_NBR Servicer - named Client Number SERV_INVESTOR_NBR Contains a unique number as assigned by an external servicer to identify a group of loans in the transaction (in the event a Back up Servicer becomes the Primary Servicer, follow Primary Servicer obligations) Custodian - safe keeper of pool assets Paying Agent - distributor of funds to ultimate investor (Trust Administrator performs this function) Trustee - fiduciary their system. BORROWER_FIRST_NAME First Name of the transaction Note: Borrower. BORROWER_LAST_NAME Last name of the borrower. PROP_ADDRESS Street Name and Number of Property PROP_STATE The definitions above describe state where the essential function property located. PROP_ZIP Zip code where the property is located. BORR_NEXT_PAY_DUE_DATE The date that the party performsborrower's next payment is due to the servicer at the end of processing cycle, rather than the party’s titleas reported by Servicer. SoMM/DD/YYYY LOAN_TYPE Loan Type (i.e. FHA, for exampleVA, in Conv) BANKRUPTCY_FILED_DATE The date a particular transaction, bankruptcy claim was filed. MM/DD/YYYY BANKRUPTCY_CHAPTER_CODE The chapter under which the trustee may perform bankruptcy was filed. BANKRUPTCY_CASE_NBR The case number assigned by the “paying agent” and “trust administrator” functions, while in another transaction, the trust administrator may perform these functions. Where there are multiple checks for criteria the attesting party will identify in their management assertion that they are attesting only court to the portion of bankruptcy filing. POST_PETITION_DUE_DATE The payment due date once the distribution chain they are responsible for in bankruptcy has been approved by the related transaction agreements. Key:courts MM/DD/YYYY

Appears in 1 contract

Samples: Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2006-Wmc3)

Financial Statements and Exhibits. N/A 10-K Must be filed within 90 days of the fiscal year end for the registrant. 9B Other Information Disclose any information required to be reported on Form 8-K during the fourth quarter covered by the Form 10-K but not reported Depositor 15 Exhibits and Financial Statement Schedules Item 1112(b) - Significant Obligor Financial Information N/A Item 1114(b)(2) - Credit Enhancement Provider Financial Information Determining applicable disclosure threshold Obtaining required financial information or effecting incorporation by reference Depositor Depositor Item 1115(b) - Derivative Counterparty Financial Information Determining current maximum probable exposure Determining current significance percentage Obtaining required financial information or effecting incorporation by reference Trust Administrator Trust Administrator Depositor Item 1119 - Affiliations and relationships between the following entities, or their respective affiliates entered into outside the ordinary course of business or is on terms other than would be obtained in an arm’s length transaction with an unrelated third party, apart from the asset-backed securities transaction, that are material to Certificateholders: Seller Depositor Trustee Trust Administrator Issuing entity Servicer Originator Custodian Credit Enhancer/Support Provider, if any Significant Obligor, if any Seller Depositor Trustee Trust Administrator Issuing entity Servicer Originator Custodian Depositor Depositor Item 1122 - Assessment of Compliance with Servicing Criteria Each Party participating in the servicing function Item 1123 - Servicer Compliance Statement Servicer EXHIBIT C SERVICING CRITERIA TO BE ADDRESSED IN ASSESSMENT OF COMPLIANCE Definitions Primary Servicer - transaction party having borrower contact Master Servicer - aggregator of pool assets Trust Administrator - waterfall calculator (may be the Trustee, or may be the Master Servicer) Back-up Servicer - named in the transaction (in the event a Back up Servicer becomes the Primary Servicer, follow Primary Servicer obligations) Custodian - safe keeper of pool assets Paying Agent - distributor of funds to ultimate investor (Trust Administrator performs this function) Trustee - fiduciary of the transaction Note: The definitions above describe the essential function that the party performs, rather than the party’s title. So, for example, in a particular transaction, the trustee may perform the “paying agent” and “trust administrator” functions, while in another transaction, the trust administrator may perform these functions. Where there are multiple checks for criteria the attesting party will identify in their management assertion that they are attesting only to the portion of the distribution chain they are responsible for in the related transaction agreements. Key: X - obligation Reg AB Reference Servicing Criteria Primary Servicer Primary Servicer Trust Administrator General Servicing Considerations 1122(d)(1)(i) Policies and procedures are instituted to monitor any performance or other triggers and events of default in accordance with the transaction agreements. X X 1122(d)(1)(ii) If any material servicing activities are outsourced to third parties, policies and procedures are instituted to monitor the third party’s performance and compliance with such servicing activities. X X 1122(d)(1)(iii) Any requirements in the transaction agreements to maintain a back-up Servicer for the Pool Assets are maintained. 1122(d)(1)(iv) A fidelity bond and errors and omissions policy is in effect on the party participating in the servicing function throughout the reporting period in the amount of coverage required by and otherwise in accordance with the terms of the transaction agreements. X X Cash Collection and Administration 1122(d)(2)(i) Payments on pool assets are deposited into the appropriate custodial bank accounts and related bank clearing accounts no more than two business days following receipt, or such other number of days specified in the transaction agreements. X X X 1122(d)(2)(ii) Disbursements made via wire transfer on behalf of an obligor or to an investor are made only by authorized personnel. X X X 1122(d)(2)(iii) Advances of funds or guarantees regarding collections, cash flows or distributions, and any interest or other fees charged for such advances, are made, reviewed and approved as specified in the transaction agreements. X X 1122(d)(2)(iv) The related accounts for the transaction, such as cash reserve accounts or accounts established as a form of over collateralization, are separately maintained (e.g., with respect to commingling of cash) as set forth in the transaction agreements. X 1122(d)(2)(v) Each custodial account is maintained at a federally insured depository institution as set forth in the transaction agreements. For purposes of this criterion, “federally insured depository institution” with respect to a foreign financial institution means a foreign financial institution that meets the requirements of Rule 13k-1(b)(1) of the Securities Exchange Act. * X X X 1122(d)(2)(vi) Unissued checks are safeguarded so as to prevent unauthorized access. X 1122(d)(2)(vii) Reconciliations are prepared on a monthly basis for all asset-backed securities related bank accounts, including custodial accounts and related bank clearing accounts. These reconciliations are (A) mathematically accurate; (B) prepared within 30 calendar days after the bank statement cutoff date, or such other number of days specified in the transaction agreements; (C) reviewed and approved by someone other than the person who prepared the reconciliation; and (D) contain explanations for reconciling items. These reconciling items are resolved within 90 calendar days of their original identification, or such other number of days specified in the transaction agreements. X X X Investor Remittances and Reporting 1122(d)(3)(i) Reports to investors, including those to be filed with the Commission, are maintained in accordance with the transaction agreements and applicable Commission requirements. Specifically, such reports (A) are prepared in accordance with timeframes and other terms set forth in the transaction agreements; (B) provide information calculated in accordance with the terms specified in the transaction agreements; (C) are filed with the Commission as required by its rules and regulations; and (D) agree with investors’ or the trustee’s records as to the total unpaid principal balance and number of Pool Assets serviced by the Servicer. X X X 1122(d)(3)(ii) Amounts due to investors are allocated and remitted in accordance with timeframes, distribution priority and other terms set forth in the transaction agreements. X X X 1122(d)(3)(iii) Disbursements made to an investor are posted within two business days to the Servicer’s investor records, or such other number of days specified in the transaction agreements. X X X 1122(d)(3)(iv) Amounts remitted to investors per the investor reports agree with cancelled checks, or other form of payment, or custodial bank statements. X X X Pool Asset Administration 1122(d)(4)(i) Collateral or security on pool assets is maintained as required by the transaction agreements or related pool asset documents. X X 1122(d)(4)(ii) Pool assets and related documents are safeguarded as required by the transaction agreements X X 1122(d)(4)(iii) Any additions, removals or substitutions to the asset pool are made, reviewed and approved in accordance with any conditions or requirements in the transaction agreements. X X 1122(d)(4)(iv) Payments on pool assets, including any payoffs, made in accordance with the related pool asset documents are posted to the Servicer’s obligor records maintained no more than two business days after receipt, or such other number of days specified in the transaction agreements, and allocated to principal, interest or other items (e.g., escrow) in accordance with the related pool asset documents. X 1122(d)(4)(v) The Servicer’s records regarding the pool assets agree with the Servicer’s records with respect to an obligor’s unpaid principal balance. X 1122(d)(4)(vi) Changes with respect to the terms or status of an obligor's pool assets (e.g., loan modifications or re-agings) are made, reviewed and approved by authorized personnel in accordance with the transaction agreements and related pool asset documents. X X 1122(d)(4)(vii) Loss mitigation or recovery actions (e.g., forbearance plans, modifications and deeds in lieu of foreclosure, foreclosures and repossessions, as applicable) are initiated, conducted and concluded in accordance with the timeframes or other requirements established by the transaction agreements. X X 1122(d)(4)(viii) Records documenting collection efforts are maintained during the period a pool asset is delinquent in accordance with the transaction agreements. Such records are maintained on at least a monthly basis, or such other period specified in the transaction agreements, and describe the entity’s activities in monitoring delinquent pool assets including, for example, phone calls, letters and payment rescheduling plans in cases where delinquency is deemed temporary (e.g., illness or unemployment). X 1122(d)(4)(ix) Adjustments to interest rates or rates of return for pool assets with variable rates are computed based on the related pool asset documents. X X 1122(d)(4)(x) Regarding any funds held in trust for an obligor (such as escrow accounts): (A) such funds are analyzed, in accordance with the obligor’s pool asset documents, on at least an annual basis, or such other period specified in the transaction agreements; (B) interest on such funds is paid, or credited, to obligors in accordance with applicable pool asset documents and state laws; and (C) such funds are returned to the obligor within 30 calendar days of full repayment of the related pool assets, or such other number of days specified in the transaction agreements. X 1122(d)(4)(xi) Payments made on behalf of an obligor (such as tax or insurance payments) are made on or before the related penalty or expiration dates, as indicated on the appropriate bills or notices for such payments, provided that such support has been received by the Servicer at least 30 calendar days prior to these dates, or such other number of days specified in the transaction agreements. X 1122(d)(4)(xii) Any late payment penalties in connection with any payment to be made on behalf of an obligor are paid from the Servicer’s funds and not charged to the obligor, unless the late payment was due to the obligor’s error or omission. X 1122(d)(4)(xiii) Disbursements made on behalf of an obligor are posted within two business days to the obligor’s records maintained by the Servicer, or such other number of days specified in the transaction agreements. X 1122(d)(4)(xiv) Delinquencies, charge-offs and uncollectible accounts are recognized and recorded in accordance with the transaction agreements. X 1122(d)(4)(xv) Any external enhancement or other support, identified in Item 1114(a)(1) through (3) or Item 1115 of Regulation AB, is maintained as set forth in the transaction agreements. X * Subject to clarification from the SEC. EXHIBIT D FORM OF ASSIGNMENT AND RECOGNITION AGREEMENT ASSIGNMENT AND RECOGNITION AGREEMENT THIS ASSIGNMENT AND RECOGNITION AGREEMENT, dated September 28, 2006, (“Agreement”) among Citigroup Global Markets Realty Corp. (“Assignor”), Citigroup Mortgage Loan Trust Inc. (“Assignee”) and Ameriquest Mortgage Company (the “Company”): For and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration the receipt and sufficiency of which hereby are acknowledged, and of the mutual covenants herein contained, the parties hereto hereby agree as follows:

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Amc1)

Financial Statements and Exhibits. N/A The Responsible Party applicable to reportable event, other than the Trustee 10-K Must be filed within 90 days of the fiscal year end for the registrant. 9B Other Information Disclose any information required to be reported on Form 8-K during the fourth quarter covered by the Form 10-K but not reported Depositor The Responsible Party for the applicable Form 8-K item as indicated above 15 Exhibits and Financial Statement Schedules Item 1112(b) - Significant Obligor Financial Information N/A Item 1114(b)(2) - Credit Enhancement Provider Financial Information Determining applicable disclosure threshold Obtaining Requesting required financial information or effecting incorporation by reference Depositor Trust Administrator Depositor Item 1115(b) - Derivative Counterparty Financial Information Determining current maximum probable exposure Determining current significance percentage Obtaining Requesting required financial information or effecting incorporation by reference Depositor Trust Administrator Trust Administrator Item 1117 – Legal proceedings pending against the following entities, or their respective property, that is material to Certificateholders, including proceedings known to be contemplated by governmental authorities: Seller Depositor Trustee Issuing entity Master Servicer Originator Custodian Servicer Seller Depositor Trustee Master Servicer Custodian Servicer Item 1119 - Affiliations and relationships between the following entities, or their respective affiliates entered into outside the ordinary course of business or is on terms other than would be obtained in an arm’s length transaction with an unrelated third party, apart from the asset-backed securities transactionaffiliates, that are material to Certificateholders: Seller Depositor Trustee Trust Administrator Issuing entity Master Servicer Servicer Originator Custodian Credit Enhancer/Support Provider, if any Significant Obligor, if any Seller (i) All parties to the Pooling and Servicing Agreement (as to themselves), (ii) the Depositor Trustee Trust Administrator as to the Sponsor, Originator, Significant Obligor, Credit Enhancer/Support Provider and (iii) the Depositor as to the Issuing entity Servicer Originator Custodian Depositor Depositor Item 1122 - Assessment of Compliance with Servicing Criteria Each Party participating in the servicing function Master Servicer Trust Administrator Custodian Servicer Item 1123 - Servicer Compliance Statement Master Servicer Trust Administrator Servicer EXHIBIT C SERVICING CRITERIA TO BE ADDRESSED IN ASSESSMENT OF COMPLIANCE Definitions Primary Servicer - transaction party having borrower contact Master Servicer - aggregator of pool assets Trust Administrator - waterfall calculator (may be the Trustee, or may be the Master Servicer) Back-up Servicer - named in the transaction (in the event a Back up Servicer becomes the Primary Servicer, follow Primary Servicer obligations) Custodian - safe keeper of pool assets Paying Agent - distributor of funds to ultimate investor (Trust Administrator performs this function) Trustee - fiduciary of the transaction Note: The definitions above describe the essential function that the party performs, rather than the party’s title. So, for example, in a particular transaction, the trustee may perform the “paying agent” and “trust administrator” functions, while in another transaction, the trust administrator may perform these functions. Where there are multiple checks for criteria the attesting party will identify in their management assertion that they are attesting only to the portion of the distribution chain they are responsible for in the related transaction agreements. Key:

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Amc4)

Financial Statements and Exhibits. N/A 10-K Must be filed within 90 days of the fiscal year end for the registrant. 9B Other Information Disclose any information required to be reported on Form 8-K during the fourth quarter covered by the Form 10-K but not reported Depositor 15 Exhibits and Financial Statement Schedules Item 1112(b) - Significant Obligor Financial Information N/A Item 1114(b)(2) - Credit Enhancement Provider Financial Information Determining applicable disclosure threshold Obtaining required financial information or effecting incorporation by reference Depositor Depositor Item 1115(b) - Derivative Counterparty Financial Information Determining current maximum probable exposure Determining current significance percentage Obtaining required financial information or effecting incorporation by reference Trust Administrator Trust Administrator Depositor Item 1119 - Affiliations and relationships between the following entities, or their respective affiliates entered into outside the ordinary course of business or is on terms other than would be obtained in an arm’s length transaction with an unrelated third party, apart from the asset-backed securities transaction, that are material to Certificateholders: Seller Depositor Trustee Trust Administrator Issuing entity Servicer Originator Custodian Credit Enhancer/Support Provider, if any Significant Obligor, if any Seller Depositor Trustee Trust Administrator Issuing entity Servicer Originator Custodian Depositor Depositor Item 1122 - Assessment of Compliance with Servicing Criteria Each Party participating in the servicing function Item 1123 - Servicer Compliance Statement Servicer EXHIBIT C SERVICING CRITERIA TO BE ADDRESSED IN ASSESSMENT OF COMPLIANCE Definitions Primary Servicer - transaction party having borrower contact Master Servicer - aggregator of pool assets Trust Administrator - waterfall calculator (may be the Trustee, or may be the Master Servicer) Back-up Servicer - named in the transaction (in the event a Back up Servicer becomes the Primary Servicer, follow Primary Servicer obligations) Custodian - safe keeper of pool assets Paying Agent - distributor of funds to ultimate investor (Trust Administrator performs this function) Trustee - fiduciary of the transaction Note: The definitions above describe the essential function that the party performs, rather than the party’s title. So, for example, in a particular transaction, the trustee may perform the “paying agent” and “trust administrator” functions, while in another transaction, the trust administrator may perform these functions. Where there are multiple checks for criteria the attesting party will identify in their management assertion that they are attesting only to the portion of the distribution chain they are responsible for in the related transaction agreements. Key:

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Wfhe4)

Financial Statements and Exhibits. N/A 10-K Must be filed within 90 days of the fiscal year end for the registrant. 9B Other Information Disclose any information required to be reported on Form 8-K during the fourth quarter covered by the Form 10-K but not reported Depositor 15 Exhibits and Financial Statement Schedules Item 1112(b) - Significant Obligor Financial Information N/A Item 1114(b)(2) - Credit Enhancement Provider Financial Information Determining applicable disclosure threshold Obtaining required financial information or effecting incorporation by reference Depositor Depositor Item 1115(b) - Derivative Counterparty Financial Information Determining current maximum probable exposure Determining current significance percentage Obtaining required financial information or effecting incorporation by reference Trust Administrator Trust Administrator Depositor Item 1119 - Affiliations and relationships between the following entities, or their respective affiliates entered into outside the ordinary course of business or is on terms other than would be obtained in an arm’s length transaction with an unrelated third party, apart from the asset-backed securities transaction, that are material to Certificateholders: Seller Depositor Trustee Trust Administrator Issuing entity Servicer Originator Custodian Credit Enhancer/Support Provider, if any Significant Obligor, if any Seller Depositor Trustee Trust Administrator Issuing entity Servicer Originator Custodian Depositor Depositor Item 1122 - Assessment of Compliance with Servicing Criteria Each Party participating in the servicing function Item 1123 - Servicer Compliance Statement Servicer EXHIBIT C SERVICING CRITERIA TO BE ADDRESSED IN ASSESSMENT OF COMPLIANCE Definitions Primary Servicer - transaction party having borrower contact Master Servicer - aggregator of pool assets Trust Administrator - waterfall calculator (may be the Trustee, or may be the Master Servicer) Back-up Servicer - named in the transaction (in the event a Back up Servicer becomes the Primary Servicer, follow Primary Servicer obligations) Custodian - safe keeper of pool assets Paying Agent - distributor of funds to ultimate investor (Trust Administrator performs this function) Trustee - fiduciary of the transaction Note: The definitions above describe the essential function that the party performs, rather than the party’s title. So, for example, in a particular transaction, the trustee may perform the “paying agent” and “trust administrator” functions, while in another transaction, the trust administrator may perform these functions. Where there are multiple checks for criteria the attesting party will identify in their management assertion that they are attesting only to the portion of the distribution chain they are responsible for in the related transaction agreements. Key:: X - obligation Reg AB Reference Servicing Criteria Primary Servicer Master Servicer Trust Administrator General Servicing Considerations 1122(d)(1)(i) Policies and procedures are instituted to monitor any performance or other triggers and events of default in accordance with the transaction agreements. X X 1122(d)(1)(ii) If any material servicing activities are outsourced to third parties, policies and procedures are instituted to monitor the third party’s performance and compliance with such servicing activities. X X 1122(d)(1)(iii) Any requirements in the transaction agreements to maintain a back-up servicer for the Pool Assets are maintained. 1122(d)(1)(iv) A fidelity bond and errors and omissions policy is in effect on the party participating in the servicing function throughout the reporting period in the amount of coverage required by and otherwise in accordance with the terms of the transaction agreements. X X Cash Collection and Administration 1122(d)(2)(i) Payments on pool assets are deposited into the appropriate custodial bank accounts and related bank clearing accounts no more than two business days following receipt, or such other number of days specified in the transaction agreements. X X X 1122(d)(2)(ii) Disbursements made via wire transfer on behalf of an obligor or to an investor are made only by authorized personnel. X X X 1122(d)(2)(iii) Advances of funds or guarantees regarding collections, cash flows or distributions, and any interest or other fees charged for such advances, are made, reviewed and approved as specified in the transaction agreements. X X 1122(d)(2)(iv) The related accounts for the transaction, such as cash reserve accounts or accounts established as a form of over collateralization, are separately maintained (e.g., with respect to commingling of cash) as set forth in the transaction agreements. X 1122(d)(2)(v) Each custodial account is maintained at a federally insured depository institution as set forth in the transaction agreements. For purposes of this criterion, “federally insured depository institution” with respect to a foreign financial institution means a foreign financial institution that meets the requirements of Rule 13k-1(b)(1) of the Securities Exchange Act. * X X X 1122(d)(2)(vi) Unissued checks are safeguarded so as to prevent unauthorized access. X 1122(d)(2)(vii) Reconciliations are prepared on a monthly basis for all asset-backed securities related bank accounts, including custodial accounts and related bank clearing accounts. These reconciliations are (A) mathematically accurate; (B) prepared within 30 calendar days after the bank statement cutoff date, or such other number of days specified in the transaction agreements; (C) reviewed and approved by someone other than the person who prepared the reconciliation; and (D) contain explanations for reconciling items. These reconciling items are resolved within 90 calendar days of their original identification, or such other number of days specified in the transaction agreements. X X X Investor Remittances and Reporting 1122(d)(3)(i) Reports to investors, including those to be filed with the Commission, are maintained in accordance with the transaction agreements and applicable Commission requirements. Specifically, such reports (A) are prepared in accordance with timeframes and other terms set forth in the transaction agreements; (B) provide information calculated in accordance with the terms specified in the transaction agreements; (C) are filed with the Commission as required by its rules and regulations; and (D) agree with investors’ or the trustee’s records as to the total unpaid principal balance and number of Pool Assets serviced by the Servicer. X X X 1122(d)(3)(ii) Amounts due to investors are allocated and remitted in accordance with timeframes, distribution priority and other terms set forth in the transaction agreements. X X X 1122(d)(3)(iii) Disbursements made to an investor are posted within two business days to the Servicer’s investor records, or such other number of days specified in the transaction agreements. X X X 1122(d)(3)(iv) Amounts remitted to investors per the investor reports agree with cancelled checks, or other form of payment, or custodial bank statements. X X X Pool Asset Administration 1122(d)(4)(i) Collateral or security on pool assets is maintained as required by the transaction agreements or related pool asset documents. X X 1122(d)(4)(ii) Pool assets and related documents are safeguarded as required by the transaction agreements X X 1122(d)(4)(iii) Any additions, removals or substitutions to the asset pool are made, reviewed and approved in accordance with any conditions or requirements in the transaction agreements. X X 1122(d)(4)(iv) Payments on pool assets, including any payoffs, made in accordance with the related pool asset documents are posted to the Servicer’s obligor records maintained no more than two business days after receipt, or such other number of days specified in the transaction agreements, and allocated to principal, interest or other items (e.g., escrow) in accordance with the related pool asset documents. X 1122(d)(4)(v) The Servicer’s records regarding the pool assets agree with the Servicer’s records with respect to an obligor’s unpaid principal balance. X 1122(d)(4)(vi) Changes with respect to the terms or status of an obligor's pool assets (e.g., loan modifications or re-agings) are made, reviewed and approved by authorized personnel in accordance with the transaction agreements and related pool asset documents. X X 1122(d)(4)(vii) Loss mitigation or recovery actions (e.g., forbearance plans, modifications and deeds in lieu of foreclosure, foreclosures and repossessions, as applicable) are initiated, conducted and concluded in accordance with the timeframes or other requirements established by the transaction agreements. X X 1122(d)(4)(viii) Records documenting collection efforts are maintained during the period a pool asset is delinquent in accordance with the transaction agreements. Such records are maintained on at least a monthly basis, or such other period specified in the transaction agreements, and describe the entity’s activities in monitoring delinquent pool assets including, for example, phone calls, letters and payment rescheduling plans in cases where delinquency is deemed temporary (e.g., illness or unemployment). X 1122(d)(4)(ix) Adjustments to interest rates or rates of return for pool assets with variable rates are computed based on the related pool asset documents. X X 1122(d)(4)(x) Regarding any funds held in trust for an obligor (such as escrow accounts): (A) such funds are analyzed, in accordance with the obligor’s pool asset documents, on at least an annual basis, or such other period specified in the transaction agreements; (B) interest on such funds is paid, or credited, to obligors in accordance with applicable pool asset documents and state laws; and (C) such funds are returned to the obligor within 30 calendar days of full repayment of the related pool assets, or such other number of days specified in the transaction agreements. X 1122(d)(4)(xi) Payments made on behalf of an obligor (such as tax or insurance payments) are made on or before the related penalty or expiration dates, as indicated on the appropriate bills or notices for such payments, provided that such support has been received by the servicer at least 30 calendar days prior to these dates, or such other number of days specified in the transaction agreements. X 1122(d)(4)(xii) Any late payment penalties in connection with any payment to be made on behalf of an obligor are paid from the Servicer’s funds and not charged to the obligor, unless the late payment was due to the obligor’s error or omission. X 1122(d)(4)(xiii) Disbursements made on behalf of an obligor are posted within two business days to the obligor’s records maintained by the servicer, or such other number of days specified in the transaction agreements. X 1122(d)(4)(xiv) Delinquencies, charge-offs and uncollectible accounts are recognized and recorded in accordance with the transaction agreements. X 1122(d)(4)(xv) Any external enhancement or other support, identified in Item 1114(a)(1) through (3) or Item 1115 of Regulation AB, is maintained as set forth in the transaction agreements. X * Subject to clarification from the SEC. EXHIBIT D FORM OF ASSIGNMENT, ASSUMPTION AND RECOGNITION AGREEMENT ASSIGNMENT, ASSUMPTION AND RECOGNITION AGREEMENT This is an Assignment, Assumption and Recognition Agreement (this “AAR Agreement”) made as of March 30, 2006, among Citigroup Global Markets Realty Corp. (the “Assignor”), Xxxxx Fargo Bank, N.A. (the “Company”) and Citigroup Mortgage Loan Trust Inc., as depositor (the “Assignee”). In consideration of the mutual promises contained herein the parties hereto agree that (i) the residential mortgage loans (the “Assigned Loans”) listed on Attachment 1 annexed hereto (the “Assigned Loan Schedule”) and (ii) the Master Mortgage Loan Purchase Agreement (the “Agreement”), dated as of November 1, 2005, between the Assignor and the Company, pursuant to which the Assigned Loans were purchased by the Assignor from the Company, shall be subject to the terms of this AAR Agreement. Capitalized terms used herein but not defined shall have the meanings ascribed to them in the Agreement or if not defined therein, the meanings ascribed to them in the Pooling and Servicing Agreement (as defined in Section 3 of this AAR Agreement).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Wf1)

Financial Statements and Exhibits. N/A 10-K Must be filed within 90 days of the fiscal year end for the registrant. 9B Other Information Disclose any information required to be reported on Form 8-K during the fourth quarter covered by the Form 10-K but not reported Depositor 15 Exhibits and Financial Statement Schedules Item 1112(b) - Significant Obligor Financial Information N/A X X Item 1114(b)(2) - Credit Enhancement Provider Financial Information Determining applicable disclosure threshold Obtaining X Requesting required financial information or effecting incorporation by reference Depositor Depositor X Item 1115(b) - Derivative Counterparty Financial Information Determining current maximum probable exposure X Determining current significance percentage Obtaining X Requesting required financial information or effecting incorporation by reference Trust X Item 1117 - Legal proceedings pending against the following entities, or their respective property, that is material to Noteholders, including proceedings known to be contemplated by governmental authorities: Sponsor (Seller) X Depositor X Trustee X Issuing entity X Master Servicer, affiliated Servicer, other Servicer servicing 20% or more of pool assets at time of report, other material servicers X X Securities Administrator Trust Administrator Depositor X Originator of 20% or more of pool assets as of the Cut-off Date X X Custodian Item 1119 - Affiliations and relationships between the following entities, or their respective affiliates entered into outside the ordinary course of business or is on terms other than would be obtained in an arm’s length transaction with an unrelated third party, apart from the asset-backed securities transactionaffiliates, that are material to CertificateholdersNoteholders: Seller Sponsor (Seller) X Depositor X Trustee Trust X (as to 1119(a) only) Master Servicer, affiliated Servicer, other Servicer servicing 20% or more of pool assets at time of report, other material servicers X X Securities Administrator Issuing entity Servicer X Originator X X Custodian Credit Enhancer/Support Provider, if any Provider X X Significant Obligor, if any Seller Depositor Trustee Trust Administrator Issuing entity Servicer Originator Custodian Depositor Depositor Obligor X X Item 1122 - Assessment of Compliance with Servicing Criteria Each Party participating in the servicing function X X X Item 1123 - Servicer Compliance Statement Servicer X X EXHIBIT C SERVICING CRITERIA D FORM OF CERTIFICATION TO BE ADDRESSED IN ASSESSMENT OF COMPLIANCE Definitions Primary Servicer - transaction party having borrower contact Master Servicer - aggregator of pool assets Trust Administrator - waterfall calculator (may be the Trustee, or may be the PROVIDED BY THE MASTER SERVICER/SECURITIES ADMINISTRATOR TO DEPOSITOR The Master Servicer) Back-up Servicer - named in /Securities Administrator hereby certifies to the transaction (in Depositor and its officers, directors and affiliates, and with the event a Back up Servicer becomes the Primary Servicer, follow Primary Servicer obligations) Custodian - safe keeper of pool assets Paying Agent - distributor of funds to ultimate investor (Trust Administrator performs this function) Trustee - fiduciary of the transaction Note: The definitions above describe the essential function that the party performs, rather than the party’s title. So, for example, in a particular transaction, the trustee may perform the “paying agent” knowledge and “trust administrator” functions, while in another transaction, the trust administrator may perform these functions. Where there are multiple checks for criteria the attesting party will identify in their management assertion intent that they are attesting only to the portion of the distribution chain they are responsible for in the related transaction agreements. Keywill rely upon this certification, that:

Appears in 1 contract

Samples: Master Servicing Agreement (American Home Mortgage Investment Trust 2006-1)

Financial Statements and Exhibits. N/A 10-K Must be filed within 90 days of the fiscal year end for the registrant. 9B Other Information Disclose any information required to be reported on Form 8-K during the fourth quarter covered by the Form 10-K but not reported Depositor 15 Exhibits and Financial Statement Schedules Item 1112(b) - Significant Obligor Financial Information N/A X Item 1114(b)(2) - Credit Enhancement Provider Financial Information Determining applicable disclosure threshold Obtaining X X Obtain required financial information or effecting incorporation by reference Depositor Depositor X X Item 1115(b) - Derivative Counterparty Financial Information Determining current maximum probable exposure X Determining current significance percentage. [In this transaction there is no current significance percentage.] X Notify derivative counterparty of significance percentage Obtaining and request required financial information. [In this transaction there is no current significance percentage.] X Obtain required financial information or effecting incorporation by reference Trust Administrator Trust Administrator X Item 1117 - Legal proceedings pending against the following entities, or their respective property, that is material to Certificateholders, including proceedings known to be contemplated by governmental authorities: Sponsor (Seller) X Depositor X Trustee X Issuing entity X Master Servicer, affiliated Servicer, other Servicer servicing 20% or more of pool assets at time of report, other material servicers X X Originator of 20% or more of pool assets as of the Cut-off Date X Custodian X Item 1119 - Affiliations and relationships between the following entities, or their respective affiliates entered into outside the ordinary course of business or is on terms other than would be obtained in an arm’s length transaction with an unrelated third party, apart from the asset-backed securities transactionaffiliates, that are material to Certificateholders: Seller Sponsor (Seller) X Depositor X Trustee Trust Administrator Issuing entity X Master Servicer, affiliated Servicer, other Servicer servicing 20% or more of pool assets at time of report, other material servicers X X Originator X Custodian X Credit Enhancer/Support Provider, if any Provider X Significant Obligor, if any Seller Depositor Trustee Trust Administrator Issuing entity Servicer Originator Custodian Depositor Depositor Obligor X Item 1122 - Assessment of Compliance with Servicing Criteria Each Party participating in the servicing function X X X X Item 1123 - Servicer Compliance Statement Servicer X X EXHIBIT C SERVICING CRITERIA TO BE ADDRESSED IN ASSESSMENT OF COMPLIANCE Definitions Primary Servicer N ADDITIONAL DISCLOSURE NOTIFICATION Structured Asset Mortgage Investment II Inc. 300 Xxxxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Fax: (000) 000-0000 E-Mail: rxxxxxxxxxxxxxxxx@xxxx.xxx U.S. Bank National Association as Trustee Oxx Xxxxxxx Xxxxxx, 0xx Xxxxx Xxxxxx, Xxxxxxxxxxxxx 00000 Fax: (617) 603-663 E-mail: nxxxxxxxxxxxx@xxxx.xxx Attn: Corporate Trust Services - transaction party having borrower contact Prime Mortgage Trust 2007-2- SEC REPORT PROCESSING RE: **Additional Form [ ] Disclosure**Required Ladies and Gentlemen: In accordance with Section 3.18 of the Pooling and Servicing Agreement, dated as of April 1, 2007, among EMC Mortgage Corporation, as Seller and Master Servicer - aggregator and U.S. Bank National Association as Trustee. The undersigned hereby notifies you that certain events have come to our attention that [will][may] need to be disclosed on Form [ ]. Description of pool assets Trust Administrator - waterfall calculator Additional Form [ ] Disclosure: List of Any Attachments hereto to be included in the Additional Form [ ] Disclosure: Any inquiries related to this notification should be directed to [ ], phone number: [ ]; email address: [ ]. [NAME OF PARTY] as [role] By: Name: Title: EXHIBIT O Aggregate Planned Principal Schedules (Provided Upon Request) EXHIBIT P FORM OF TRUSTEE LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that U.S. Bank National Association, a national banking association, having a place of business at Oxx Xxxxxxx Xxxxxx, 0xx Xxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000, not individually, but solely as Trustee (and in no personal or other representative capacity) under the Pooling and Servicing Agreement, dated as of April 1, 2007, by and among Structured Asset Mortgage Investments II Inc., the Trustee and EMC Mortgage Corporation (as amended, restated, supplemented or otherwise modified from time to time, the “Agreement”; capitalized terms not defined herein have the definitions assigned to such terms in the Agreement), relating to the Prime Mortgage Trust, Certificates, Series 2007-2, hereby appoints _______________, in its capacity as a Servicer under the Agreement, as the Trustee’s true and lawful Special Attorney-in-Fact, in the Trustee’s name, place and stead and for the Trustee’s benefit, but only in its capacity as Trustee aforesaid, to perform all acts and execute all documents as may be customary, necessary and appropriate to effectuate the Trusteefollowing enumerated transactions in respect of any mortgage, deed of trust, promissory note or real estate owned from time to time owned (beneficially or in title, whether the Trustee is named therein as mortgagee or beneficiary or has become mortgagee or beneficiary by virtue of endorsement, assignment or other conveyance) or held by or registered to the Trustee (directly or through custodians or nominees), or may be in respect of which the Master Servicer) Back-up Servicer - named in Trustee has a security interest or other lien, all as provided under the transaction (in the event a Back up Servicer becomes the Primary Servicer, follow Primary Servicer obligations) Custodian - safe keeper of pool assets Paying Agent - distributor of funds to ultimate investor (Trust Administrator performs this function) Trustee - fiduciary of the transaction Note: The definitions above describe the essential function that the party performs, rather than the party’s title. So, for example, in a particular transaction, the trustee may perform the “paying agent” applicable Agreement and “trust administrator” functions, while in another transaction, the trust administrator may perform these functions. Where there are multiple checks for criteria the attesting party will identify in their management assertion that they are attesting only to the portion extent the respective Trustee has an interest therein under the Agreement, and in respect of which the Servicer is acting as servicer pursuant to the Agreement (the “Mortgage Documents”). This appointment shall apply to the following enumerated transactions under the Agreement only: The modification or re-recording of any Mortgage Document for the purpose of correcting it to conform to the original intent of the distribution chain they are responsible for in parties thereto or to correct title errors discovered after title insurance was issued and where such modification or re-recording does not adversely affect the related transaction agreements. Key:lien under the Mortgage Document as insured.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Prime Mortgage Trust 2007-2)

Financial Statements and Exhibits. N/A 10-K Must be filed within 90 days of the fiscal year end for the registrant. 9B Other Information Disclose any information required to be reported on Form 8-K during the fourth quarter covered by the Form 10-K but not reported Depositor 15 Exhibits and Financial Statement Schedules Item 1112(b) - Significant Obligor Financial Information N/A X Item 1114(b)(2) - Credit Enhancement Provider Financial Information X Determining applicable disclosure threshold Obtaining X Requesting required financial information or effecting incorporation by reference Depositor Depositor Item 1115(b) - Derivative Counterparty Financial Information Determining current maximum probable exposure X Determining current significance percentage Obtaining X Requesting required financial information or effecting incorporation by reference Trust Item 1117 - Legal proceedings pending against the following entities, or their respective property, that is material to Certificateholders, including proceedings known to be contemplated by governmental authorities: Sponsor (Seller) X Depositor Trustee Issuing entity Master Servicer, affiliated Servicer, other Servicer servicing 20% or more of pool assets at time of report, other material servicers Securities Administrator Trust Administrator Depositor Originator of 20% or more of pool assets as of the Cut-off Date X Custodian Item 1119 - Affiliations and relationships between the following entities, or their respective affiliates entered into outside the ordinary course of business or is on terms other than would be obtained in an arm’s length transaction with an unrelated third party, apart from the asset-backed securities transactionaffiliates, that are material to Certificateholders: Seller Sponsor (Seller) X Depositor Trustee Trust Master Servicer, affiliated Servicer, other Servicer servicing 20% or more of pool assets at time of report, other material servicers Securities Administrator Issuing entity Servicer Originator of 20% or more of pool assets as of the Cut-off Date X Form Item Description Custodian Credit Enhancer/Support Provider, if any Provider X (to the extent provided to the Sponsor) Significant Obligor, if any Seller Depositor Trustee Trust Administrator Issuing entity Servicer Originator Custodian Depositor Depositor Obligor Item 1122 - Assessment of Compliance with Servicing Criteria Each Party participating in the servicing function Item 1123 - Servicer Compliance Statement Servicer EXHIBIT C SERVICING CRITERIA E ADDITIONAL DISCLOSURE NOTIFICATION **SENT VIA FAX TO BE ADDRESSED IN ASSESSMENT [_XXX)XXX-XXXX] AND VIA EMAIL TO [_________________] AND VIA OVERNIGHT MAIL TO THE ADDRESS IMMEDIATELY BELOW: Xxxxx Fargo Bank, N.A. as Securities Administrator 0000 Xxx Xxxxxxxxx Xxxx Xxxxxxxx, Xxxxxxxx 00000 Fax: (000) 000-0000 E-mail: xxx.xxx.xxxxxxxxxxxxx@xxxxxxxxxx.xxx Attn: Corporate Trust Services - STACS 2007-1 – SEC REPORT PROCESSING ACE Securities Corp. 0000 Xxxxxxxx Xxxxxxxxx, Suite 318 Charlotte, North Carolina 28211 Fax: (000) 000-0000) Attn: Xxxxxxx Xxxxxxx RE: ** Additional Form [10-D][10-K][8-K] Disclosure** Required Ladies and Gentlemen: In accordance with Section [__] of the Pooling and Servicing Agreement, dated as of [________] [__], 2007 among [_____________], as [______], [_____________], as [______], [_____________], as [______] and [_____________], as [______], the undersigned, as [______], hereby notifies you that certain events have come to our attention that [will] [may] need to be disclosed on Form [10-D][10-K][8-K]. Description of Additional Form [10-D][10-K][8-K] Disclosure: List of any Attachments hereto to be included in the Additional Form [10-D][10-K][8-K] Disclosure: Any inquiries related to this notification should be directed to [_____________], phone number: [______]; email address: [_________________]. [NAME OF COMPLIANCE Definitions Primary Servicer - transaction PARTY], as [role] By: Name: Title: EXHIBIT G FORM 10-D, FORM 8-K AND FORM 10-K REPORTING RESPONSIBILITY As to each item described below, the entity indicated as the Responsible Party shall be primarily responsible for reporting the information to the party having borrower contact Master Servicer - aggregator identified as responsible for preparing the Securities Exchange Act Reports pursuant to Section 5.06(a)(ii). Under Item 1 of pool assets Trust Form 10-D: a) items marked “monthly statement” are required to be included in the periodic Distribution Date statement under Section 5.02, provided by the Securities Administrator - waterfall calculator (may be the Trustee, or may be based on information received from the Master Servicer; and b) Backitems marked “Form 10-up Servicer - named D report” are required to be in the transaction (Form 10-D report but not the monthly statement, provided by the party indicated. Information under all other Items of Form 10-D is to be included in the event a Back up Form 10-D report. Form Item Description Servicer becomes the Primary Servicer, follow Primary Master Servicer obligations) Securities Administrator Custodian - safe keeper of pool assets Paying Agent - distributor of funds to ultimate investor (Trust Administrator performs this function) Trustee - fiduciary of the transaction Note: The definitions above describe the essential function that the party performs, rather than the party’s title. So, for example, in a particular transaction, the trustee may perform the “paying agent” and “trust administrator” functions, while in another transaction, the trust administrator may perform these functions. Where there are multiple checks for criteria the attesting party will identify in their management assertion that they are attesting only to the portion Depositor Sponsor 10-D Must be filed within 15 days of the distribution chain they are responsible date for in the related transaction agreements. Key:asset-backed securities.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (SunTrust Acquisition Closed-End Seconds Trust, Series 2007-1)

Financial Statements and Exhibits. N/A The Responsible Party applicable to reportable event, other than the Trustee 10-K Must be filed within 90 days of the fiscal year end for the registrant. 9B Other Information Disclose any information required to be reported on Form 8-K during the fourth quarter covered by the Form 10-K but not reported Depositor The Responsible Party for the applicable Form 8-K item as indicated above 15 Exhibits and Financial Statement Schedules Item 1112(b) - Significant Obligor Financial Information N/A Item 1114(b)(2) - Credit Enhancement Provider Financial Information Determining applicable disclosure threshold Obtaining Requesting required financial information or effecting incorporation by reference Depositor Trust Administrator Depositor Item 1115(b) - Derivative Counterparty Financial Information Determining current maximum probable exposure Determining current significance percentage Obtaining Requesting required financial information or effecting incorporation by reference Depositor Trust Administrator Trust Administrator Item 1117 - Legal proceedings pending against the following entities, or their respective property, that is material to Certificateholders, including proceedings known to be contemplated by governmental authorities: Seller Depositor Trustee Issuing entity Master Servicer Originator Custodian Servicers Seller Depositor Trustee Master Servicer Custodian Servicers Item 1119 - Affiliations and relationships between the following entities, or their respective affiliates entered into outside the ordinary course of business or is on terms other than would be obtained in an arm’s length transaction with an unrelated third party, apart from the asset-backed securities transactionaffiliates, that are material to Certificateholders: Seller Depositor Trustee Trust Administrator Issuing entity Master Servicer Servicers Originator Custodian Credit Enhancer/Support Provider, if any Significant Obligor, if any Seller (i) All parties to the Pooling and Servicing Agreement (as to themselves), (ii) the Depositor Trustee Trust Administrator as to the Sponsor, Originator, Significant Obligor, Credit Enhancer/Support Provider and (iii) the Depositor as to the Issuing entity Servicer Originator Custodian Depositor Depositor Item 1122 - Assessment of Compliance with Servicing Criteria Each Party participating in the servicing function Master Servicer Trust Administrator Custodian Servicers Item 1123 - Servicer -Servicer Compliance Statement Master Servicer Trust Administrator Servicers EXHIBIT C SERVICING CRITERIA TO BE ADDRESSED IN ASSESSMENT OF COMPLIANCE Definitions Primary Servicer Servicers - transaction party having borrower contact Master Servicer - aggregator of pool assets Trust Administrator - waterfall calculator (may be the Trustee, or may be the Master ServicerServicers) Back-up Servicer Servicers - named in the transaction (in the event a Back up Servicer Servicers becomes the Primary ServicerServicers, follow Primary Servicer Servicers obligations) Custodian - safe keeper of pool assets Paying Agent - distributor of funds to ultimate investor (Trust Administrator performs this function) Trustee - fiduciary of the transaction Note: The definitions above describe the essential function that the party performs, rather than the party’s title. So, for example, in a particular transaction, the trustee may perform the “paying agent” and “trust administrator” functions, while in another transaction, the trust administrator may perform these functions. Where there are multiple checks for criteria the attesting party will identify in their management assertion that they are attesting only to the portion of the distribution chain they are responsible for in the related transaction agreements. Key:

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Fx1)

Financial Statements and Exhibits. N/A 10-K Must be filed within 90 days of the fiscal year end for the registrant. 9B Other Information Disclose any information required to be reported on Form 8-K during the fourth quarter covered by the Form 10-K but not reported Depositor 15 Exhibits and Financial Statement Schedules Item 1112(b) - Significant Obligor Financial Information N/A Item 1114(b)(2) - Credit Enhancement Provider Financial Information Determining applicable disclosure threshold Obtaining required financial information or effecting incorporation by reference Depositor Depositor Item 1115(b) - Derivative Counterparty Financial Information Determining current maximum probable exposure Determining current significance percentage Obtaining required financial information or effecting incorporation by reference Trust Administrator Trust Administrator Depositor Item 1119 - Affiliations and relationships between the following entities, or their respective affiliates entered into outside the ordinary course of business or is on terms other than would be obtained in an arm’s length transaction with an unrelated third party, apart from the asset-backed securities transaction, that are material to Certificateholders: Seller Depositor Trustee Trust Administrator Issuing entity Servicer Servicers Originator Custodian Credit Enhancer/Support Provider, if any Significant Obligor, if any Seller Depositor Trustee Trust Administrator Issuing entity Servicer Servicers Originator Custodian Depositor Depositor Item 1122 - Assessment of Compliance with Servicing Criteria Each Party participating in the servicing function Item 1123 - Servicer Servicers Compliance Statement Servicer Servicers EXHIBIT C SERVICING CRITERIA TO BE ADDRESSED IN ASSESSMENT OF COMPLIANCE Definitions Primary Servicer Servicers - transaction party having borrower contact Master Servicer Servicers - aggregator of pool assets Trust Administrator - waterfall calculator (may be the Trustee, or may be the Master ServicerServicers) Back-up Servicer Servicers - named in the transaction (in the event a Back up Servicer Servicers becomes the Primary ServicerServicers, follow Primary Servicer Servicers obligations) Custodian - safe keeper of pool assets Paying Agent - distributor of funds to ultimate investor (Trust Administrator performs this function) Trustee - fiduciary of the transaction Note: The definitions above describe the essential function that the party performs, rather than the party’s title. So, for example, in a particular transaction, the trustee may perform the “paying agent” and “trust administrator” functions, while in another transaction, the trust administrator may perform these functions. Where there are multiple checks for criteria the attesting party will identify in their management assertion that they are attesting only to the portion of the distribution chain they are responsible for in the related transaction agreements. Key: X - obligation Reg AB Reference Servicing Criteria Primary Servicers Master Servicers Trust Administrator General Servicing Considerations 1122(d)(1)(i) Policies and procedures are instituted to monitor any performance or other triggers and events of default in accordance with the transaction agreements. X X 1122(d)(1)(ii) If any material servicing activities are outsourced to third parties, policies and procedures are instituted to monitor the third party’s performance and compliance with such servicing activities. X X 1122(d)(1)(iii) Any requirements in the transaction agreements to maintain a back-up Servicers for the Pool Assets are maintained. 1122(d)(1)(iv) A fidelity bond and errors and omissions policy is in effect on the party participating in the servicing function throughout the reporting period in the amount of coverage required by and otherwise in accordance with the terms of the transaction agreements. X X Cash Collection and Administration 1122(d)(2)(i) Payments on pool assets are deposited into the appropriate custodial bank accounts and related bank clearing accounts no more than two business days following receipt, or such other number of days specified in the transaction agreements. X X X 1122(d)(2)(ii) Disbursements made via wire transfer on behalf of an obligor or to an investor are made only by authorized personnel. X X X 1122(d)(2)(iii) Advances of funds or guarantees regarding collections, cash flows or distributions, and any interest or other fees charged for such advances, are made, reviewed and approved as specified in the transaction agreements. X X 1122(d)(2)(iv) The related accounts for the transaction, such as cash reserve accounts or accounts established as a form of over collateralization, are separately maintained (e.g., with respect to commingling of cash) as set forth in the transaction agreements. X 1122(d)(2)(v) Each custodial account is maintained at a federally insured depository institution as set forth in the transaction agreements. For purposes of this criterion, “federally insured depository institution” with respect to a foreign financial institution means a foreign financial institution that meets the requirements of Rule 13k-1(b)(1) of the Securities Exchange Act. * X X X 1122(d)(2)(vi) Unissued checks are safeguarded so as to prevent unauthorized access. X 1122(d)(2)(vii) Reconciliations are prepared on a monthly basis for all asset-backed securities related bank accounts, including custodial accounts and related bank clearing accounts. These reconciliations are (A) mathematically accurate; (B) prepared within 30 calendar days after the bank statement cutoff date, or such other number of days specified in the transaction agreements; (C) reviewed and approved by someone other than the person who prepared the reconciliation; and (D) contain explanations for reconciling items. These reconciling items are resolved within 90 calendar days of their original identification, or such other number of days specified in the transaction agreements. X X X Investor Remittances and Reporting 1122(d)(3)(i) Reports to investors, including those to be filed with the Commission, are maintained in accordance with the transaction agreements and applicable Commission requirements. Specifically, such reports (A) are prepared in accordance with timeframes and other terms set forth in the transaction agreements; (B) provide information calculated in accordance with the terms specified in the transaction agreements; (C) are filed with the Commission as required by its rules and regulations; and (D) agree with investors’ or the trustee’s records as to the total unpaid principal balance and number of Pool Assets serviced by the Servicers. X X X 1122(d)(3)(ii) Amounts due to investors are allocated and remitted in accordance with timeframes, distribution priority and other terms set forth in the transaction agreements. X X X 1122(d)(3)(iii) Disbursements made to an investor are posted within two business days to the Servicers’s investor records, or such other number of days specified in the transaction agreements. X X X 1122(d)(3)(iv) Amounts remitted to investors per the investor reports agree with cancelled checks, or other form of payment, or custodial bank statements. X X X Pool Asset Administration 1122(d)(4)(i) Collateral or security on pool assets is maintained as required by the transaction agreements or related pool asset documents. X X 1122(d)(4)(ii) Pool assets and related documents are safeguarded as required by the transaction agreements X X 1122(d)(4)(iii) Any additions, removals or substitutions to the asset pool are made, reviewed and approved in accordance with any conditions or requirements in the transaction agreements. X X 1122(d)(4)(iv) Payments on pool assets, including any payoffs, made in accordance with the related pool asset documents are posted to the Servicers’s obligor records maintained no more than two business days after receipt, or such other number of days specified in the transaction agreements, and allocated to principal, interest or other items (e.g., escrow) in accordance with the related pool asset documents. X 1122(d)(4)(v) The Servicers’s records regarding the pool assets agree with the Servicers’s records with respect to an obligor’s unpaid principal balance. X 1122(d)(4)(vi) Changes with respect to the terms or status of an obligor's pool assets (e.g., loan modifications or re-agings) are made, reviewed and approved by authorized personnel in accordance with the transaction agreements and related pool asset documents. X X 1122(d)(4)(vii) Loss mitigation or recovery actions (e.g., forbearance plans, modifications and deeds in lieu of foreclosure, foreclosures and repossessions, as applicable) are initiated, conducted and concluded in accordance with the timeframes or other requirements established by the transaction agreements. X X 1122(d)(4)(viii) Records documenting collection efforts are maintained during the period a pool asset is delinquent in accordance with the transaction agreements. Such records are maintained on at least a monthly basis, or such other period specified in the transaction agreements, and describe the entity’s activities in monitoring delinquent pool assets including, for example, phone calls, letters and payment rescheduling plans in cases where delinquency is deemed temporary (e.g., illness or unemployment). X 1122(d)(4)(ix) Adjustments to interest rates or rates of return for pool assets with variable rates are computed based on the related pool asset documents. X X 1122(d)(4)(x) Regarding any funds held in trust for an obligor (such as escrow accounts): (A) such funds are analyzed, in accordance with the obligor’s pool asset documents, on at least an annual basis, or such other period specified in the transaction agreements; (B) interest on such funds is paid, or credited, to obligors in accordance with applicable pool asset documents and state laws; and (C) such funds are returned to the obligor within 30 calendar days of full repayment of the related pool assets, or such other number of days specified in the transaction agreements. X 1122(d)(4)(xi) Payments made on behalf of an obligor (such as tax or insurance payments) are made on or before the related penalty or expiration dates, as indicated on the appropriate bills or notices for such payments, provided that such support has been received by the Servicers at least 30 calendar days prior to these dates, or such other number of days specified in the transaction agreements. X 1122(d)(4)(xii) Any late payment penalties in connection with any payment to be made on behalf of an obligor are paid from the Servicers’s funds and not charged to the obligor, unless the late payment was due to the obligor’s error or omission. X 1122(d)(4)(xiii) Disbursements made on behalf of an obligor are posted within two business days to the obligor’s records maintained by the Servicers, or such other number of days specified in the transaction agreements. X 1122(d)(4)(xiv) Delinquencies, charge-offs and uncollectible accounts are recognized and recorded in accordance with the transaction agreements. X 1122(d)(4)(xv) Any external enhancement or other support, identified in Item 1114(a)(1) through (3) or Item 1115 of Regulation AB, is maintained as set forth in the transaction agreements. X * Subject to clarification from the SEC. EXHIBIT D FORMS OF ASSIGNMENT AND RECOGNITION AGREEMENTS AND MORTGAGE LOAN PURCHASE AGREEMENT ASSIGNMENT AND RECOGNITION AGREEMENT THIS ASSIGNMENT AND RECOGNITION AGREEMENT, dated March 28, 2006, (“Agreement”) among Citigroup Global Markets Realty Corp. (“Assignor”), Citigroup Mortgage Loan Trust Inc. (“Assignee”) and First Horizon Home Loan Corporation Inc. (the “Company”): For and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration the receipt and sufficiency of which hereby are acknowledged, and of the mutual covenants herein contained, the parties hereto hereby agree as follows:

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-He1)

Financial Statements and Exhibits. N/A The Responsible Party applicable to reportable event, other than the Trustee 10-K Must be filed within 90 days of the fiscal year end for the registrant. 9B Other Information Disclose any information required to be reported on Form 8-K during the fourth quarter covered by the Form 10-K but not reported Depositor The Responsible Party for the applicable Form 8-K item as indicated above 15 Exhibits and Financial Statement Schedules Item 1112(b) - Significant Obligor Financial Information N/A Item 1114(b)(2) - Credit Enhancement Provider Financial Information Determining applicable disclosure threshold Obtaining Requesting required financial information or effecting incorporation by reference Depositor Trust Administrator Depositor Item 1115(b) - Derivative Counterparty Financial Information Determining current maximum probable exposure Determining current significance percentage Obtaining Requesting required financial information or effecting incorporation by reference Depositor Trust Administrator Trust Administrator Item 1117 - Legal proceedings pending against the following entities, or their respective property, that is material to Certificateholders, including proceedings known to be contemplated by governmental authorities: Seller Depositor Trustee Issuing entity Master Servicer Originator Custodian Seller Depositor Trustee Master Servicer Custodian Item 1119 - Affiliations and relationships between the following entities, or their respective affiliates entered into outside the ordinary course of business or is on terms other than would be obtained in an arm’s length transaction with an unrelated third party, apart from the asset-backed securities transactionaffiliates, that are material to Certificateholders: Seller Depositor Trustee Trust Administrator Issuing entity Master Servicer Originator Custodian Credit Enhancer/Support Provider, if any Significant Obligor, if any Seller (i) All parties to the Pooling and Servicing Agreement (as to themselves), (ii) the Depositor Trustee Trust Administrator as to the Sponsor, Originator, Significant Obligor, Credit Enhancer/Support Provider and (iii) the Depositor as to the Issuing entity Servicer Originator Custodian Depositor Depositor Item 1122 - Assessment of Compliance with Servicing Criteria Each Party participating Master Servicer Trust Administrator Custodian Servicer Item 1123 -Servicer Compliance Statement Master Servicer Servicer EXHIBIT Q ADDITIONAL DISCLOSURE NOTIFICATION **SEND VIA FAX TO [XXX-XXX-XXXX] AND VIA EMAIL TO [ ] AND VIA OVERNIGHT MAIL TO THE ADDRESS IMMEDIATELY BELOW** Welxx Xxrgo Bank, N.A., as Trust Administrator 9060 Xxx Xxxxxxxxx Xxxx Xxxxxxxx, Xxxxxxxx 00000 Xttn: Corporate Trust Services- [DEAL NAME]—SEC REPORT PROCESSING Mortgage Asset Securitization Transactions, Inc. 1280 Xxxxxx xx xxx Xxxxxxxx Xxx Xxxx, Xxx Xxxx 00000 XE: **Additional Form [10-D][10-K][8-K] Disclosure** Required Ladies and Gentlemen: In accordance with Section [ ] of the Pooling and Servicing Agreement, dated as of September 1, 2006, among Mortgage Asset Securitization Transactions, Inc. as Depositor, HomEq Servicing Corporation as Servicer, Welxx Xxrgo Bank, N.A. as Master Servicer and Trust Administrator and U.S. Bank National Association as Trustee, the undersigned, as [ ], hereby notifies you that certain events have come to our attention that [will] [may] need to be disclosed on Form [10-D][10-K][8-K]. Description of Additional Form [10-D][10-K][8-K] Disclosure: List of any Attachments hereto to be included in the servicing function Item 1123 - Servicer Compliance Statement Servicer Additional Form [10-D][10-K][8-K] Disclosure: Any inquiries related to this notification should be directed to [ ], phone number: [ ]; email address: [ ]. [NAME OF PARTY], as [role] By:_____________________________ Name: Title: EXHIBIT C SERVICING CRITERIA TO BE ADDRESSED IN ASSESSMENT R-1 FORM OF COMPLIANCE Definitions Primary Servicer - transaction party having borrower contact Master Servicer - aggregator of pool assets Trust Administrator - waterfall calculator (DELINQUENCY REPORT Column/Header Name Description Decimal Format Comment SERVICER_LOAN_NBR A unique number assigned to a loan by the Servicer. This may be different than the Trustee, or may be LOAN_NBR LOAN_NBR A unique identifier assigned to each loan by the Master Servicer) Back-up originator. CLIENT_NBR Servicer - named Client Number SERV_INVESTOR_NBR Contains a unique number as assigned by an external servicer to identify a group of loans in the transaction (in the event a Back up Servicer becomes the Primary Servicer, follow Primary Servicer obligations) Custodian - safe keeper of pool assets Paying Agent - distributor of funds to ultimate investor (Trust Administrator performs this function) Trustee - fiduciary their system. BORROWER_FIRST_NAME First Name of the transaction Note: Borrower. BORROWER_LAST_NAME Last name of the borrower. PROP_ADDRESS Street Name and Number of Property PROP_STATE The definitions above describe state where the essential function property located. PROP_ZIP Zip code where the property is located. BORR_NEXT_PAY_DUE_DATE The date that the party performsborrower's next payment is due to the servicer at the end of processing cycle, rather than as reported by Servicer. MM/DD/YYYY LOAN_TYPE Loan Type (i.e. FHA, VA, Conv) BANKRUPTCY_FILED_DATE The date a particular bankruptcy claim was filed. MM/DD/YYYY BANKRUPTCY_CHAPTER_CODE The chapter under which the party’s titlebankruptcy was filed. SoBANKRUPTCY_CASE_NBR The case number assigned by the court to the bankruptcy filing. POST_PETITION_DUE_DATE The payment due date once the bankruptcy has been approved by the courts MM/DD/YYYY BANKRUPTCY_DCHRG_DISM_DATE The Date The Loan Is Removed From Bankruptcy. Either by Dismissal, for example, Discharged and/or a Motion For Relief Was Granted. MM/DD/YYYY LOSS_MIT_APPR_DATE The Date The Loss Mitigation Was Approved By The Servicer MM/DD/YYYY LOSS_MIT_TYPE The Type Of Loss Mitigation Approved For A Loan Such As; LOSS_MIT_EST_COMP_DATE The Date The Loss Mitigation /Plan Is Scheduled To End/Close MM/DD/YYYY LOSS_MIT_ACT_COMP_DATE The Date The Loss Mitigation Is Actually Completed MM/DD/YYYY FRCLSR_APPROVED_DATE The date DA Admin sends a letter to the servicer with instructions to begin foreclosure proceedings. MM/DD/YYYY ATTORNEY_REFERRAL_DATE Date File Was Referred To Attorney to Pursue Foreclosure MM/DD/YYYY FIRST_LEGAL_DATE Notice of 1st legal filed by an Attorney in a particular transaction, the trustee may perform the “paying agent” and “trust administrator” functions, while in another transaction, the trust administrator may perform these functionsForeclosure Action MM/DD/YYYY FRCLSR_SALE_EXPECTED_DATE The date by which a foreclosure sale is expected to occur. Where there are multiple checks for criteria the attesting party will identify in their management assertion that they are attesting only to the portion MM/DD/YYYY FRCLSR_SALE_DATE The actual date of the distribution chain they foreclosure sale. MM/DD/YYYY FRCLSR_SALE_AMT The amount a property sold for at the foreclosure sale. 2 No commas(,) or dollar signs ($) EVICTION_START_DATE The date the servicer initiates eviction of the borrower. MM/DD/YYYY EVICTION_COMPLETED_DATE The date the court revokes legal possession of the property from the borrower. MM/DD/YYYY LIST_PRICE The price at which an REO property is marketed. 2 No commas(,) or dollar signs ($) LIST_DATE The date an REO property is listed at a particular price. MM/DD/YYYY OFFER_AMT The dollar value of an offer for an REO property. 2 No commas(,) or dollar signs ($) OFFER_DATE_TIME The date an offer is received by DA Admin or by the Servicer. MM/DD/YYYY REO_CLOSING_DATE The date the REO sale of the property is scheduled to close. MM/DD/YYYY REO_ACTUAL_CLOSING_DATE Actual Date Of REO Sale MM/DD/YYYY OCCUPANT_CODE Classification of how the property is occupied. PROP_CONDITION_CODE A code that indicates the condition of the property. PROP_INSPECTION_DATE The date a property inspection is performed. MM/DD/YYYY APPRAISAL_DATE The date the appraisal was done. MM/DD/YYYY CURR_PROP_VAL The current "as is" value of the property based on brokers price opinion or appraisal. 2 REPAIRED_PROP_VAL The amount the property would be worth if repairs are responsible completed pursuant to a broker's price opinion or appraisal. 2 If applicable: DELINQ_STATUS_CODE FNMA Code Describing Status of Loan DELINQ_REASON_CODE The circumstances which caused a borrower to stop paying on a loan. Code indicates the reason why the loan is in default for in this cycle. MI_CLAIM_FILED_DATE Date Mortgage Insurance Claim Was Filed With Mortgage Insurance Company. MM/DD/YYYY MI_CLAIM_AMT Amount of Mortgage Insurance Claim Filed No commas(,) or dollar signs ($) MI_CLAIM_PAID_DATE Date Mortgage Insurance Company Disbursed Claim Payment MM/DD/YYYY MI_CLAIM_AMT_PAID Amount Mortgage Insurance Company Paid On Claim 2 No commas(,) or dollar signs ($) POOL_CLAIM_FILED_DATE Date Claim Was Filed With Pool Insurance Company MM/DD/YYYY POOL_CLAIM_AMT Amount of Claim Filed With Pool Insurance Company 2 No commas(,) or dollar signs ($) POOL_CLAIM_PAID_DATE Date Claim Was Settled and The Check Was Issued By The Pool Insurer MM/DD/YYYY POOL_CLAIM_AMT_PAID Amount Paid On Claim By Pool Insurance Company 2 No commas(,) or dollar signs ($) FHA_PART_A_CLAIM_FILED_DATE Date FHA Part A Claim Was Filed With HUD MM/DD/YYYY FHA_PART_A_CLAIM_AMT Amount of FHA Part A Claim Filed 2 No commas(,) or dollar signs ($) FHA_PART_A_CLAIM_PAID_DATE Date HUD Disbursed Part A Claim Payment MM/DD/YYYY FHA_PART_A_CLAIM_PAID_AMT Amount HUD Paid on Part A Claim 2 No commas(,) or dollar signs ($) FHA_PART_B_CLAIM_FILED_DATE Date FHA Part B Claim Was Filed With HUD MM/DD/YYYY FHA_PART_B_CLAIM_AMT Amount of FHA Part B Claim Filed 2 No commas(,) or dollar signs ($) FHA_PART_B_CLAIM_PAID_DATE Date HUD Disbursed Part B Claim Payment MM/DD/YYYY FHA_PART_B_CLAIM_PAID_AMT Amount HUD Paid on Part B Claim 2 No commas(,) or dollar signs ($) VA_CLAIM_FILED_DATE Date VA Claim Was Filed With the related transaction agreementsVeterans Admin MM/DD/YYYY VA_CLAIM_PAID_DATE Date Veterans Admin. Key:Disbursed VA Claim Payment MM/DD/YYYY VA_CLAIM_PAID_AMT Amount Veterans Admin. Paid on VA Claim 2 No commas(,) or dollar signs ($)

Appears in 1 contract

Samples: Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2006-Nc2)

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Financial Statements and Exhibits. N/A 10-K Must be filed within 90 days of the fiscal year end for the registrant. 9B Other Information Disclose any information required to be reported on Form 8-K during the fourth quarter covered by the Form 10-K but not reported Depositor 15 Exhibits and Financial Statement Schedules Item 1112(b) - Significant Obligor Financial Information N/A X X Item 1114(b)(2) - Credit Enhancement Provider Financial Information Determining applicable disclosure threshold Obtaining X Requesting required financial information or effecting incorporation by reference Depositor Depositor X Item 1115(b) - Derivative Counterparty Financial Information Determining current maximum probable exposure X Determining current significance percentage Obtaining X Requesting required financial information or effecting incorporation by reference Trust X Item 1117 - Legal proceedings pending against the following entities, or their respective property, that is material to Certificateholders, including proceedings known to be contemplated by governmental authorities: Sponsor (Seller) X Depositor X Trustee X Issuing entity X Master Servicer, affiliated Servicer, other Servicer servicing 20% or more of pool assets at time of report, other material servicers X Securities Administrator Trust Administrator Depositor X Originator of 20% or more of pool assets as of the Cut-off Date X X Custodian X Item 1119 - Affiliations and relationships between the following entities, or their respective affiliates entered into outside the ordinary course of business or is on terms other than would be obtained in an arm’s length transaction with an unrelated third party, apart from the asset-backed securities transactionaffiliates, that are material to Certificateholders: Seller Sponsor (Seller) X Depositor X Trustee Trust X with respect to 1119(a) affiliations only Master Servicer, affiliated Servicer, other Servicer servicing 20% or more of pool assets at time of report, other material servicers X Securities Administrator Issuing entity Servicer X Originator X X Custodian X (with respect to affiliations only) Credit Enhancer/Support Provider, if any Provider X X Significant Obligor, if any Seller Depositor Trustee Trust Administrator Issuing entity Servicer Originator Custodian Depositor Depositor Obligor X X Item 1122 - Assessment of Compliance with Servicing Criteria Each Party participating in the servicing function X X X Item 1123 - Servicer Compliance Statement Servicer X EXHIBIT C SERVICING CRITERIA H ADDITIONAL DISCLOSURE NOTIFICATION **SENT VIA FAX TO BE ADDRESSED IN ASSESSMENT [_XXX)XXX-XXXX] AND VIA EMAIL TO [_________________] AND VIA OVERNIGHT MAIL TO THE ADDRESS IMMEDIATELY BELOW: Wxxxx Fargo Bank, N.A. as Securities Administrator 9000 Xxx Xxxxxxxxx Xxxx Columbia, Maryland 21045 Fax: (000) 000-0000 E-mail: cxx.xxx.xxxxxxxxxxxxx@xxxxxxxxxx.xxx Attn: Corporate Trust Services - ACE 2006-NC3 - SEC REPORT PROCESSING ACE Securities Corp. 6000 Xxxxxxxx Xxxxxxxxx, Suite 318 Charlotte, North Carolina 28211 Fax: (000) 000-0000) Attn: Jxxxxxx Xxxxxxx RE: ** Additional Form [10-D][10-K][8-K] Disclosure** Required Ladies and Gentlemen: In accordance with Section [__] of the Pooling and Servicing Agreement, dated as of [________] [__], 2006 among [_____________], as [______], [_____________], as [______], [_____________], as [______] and [_____________], as [______], the undersigned, as [______], hereby notifies you that certain events have come to our attention that [will] [may] need to be disclosed on Form [10-D][10-K][8-K]. Description of Additional Form [10-D][10-K][8-K] Disclosure: List of any Attachments hereto to be included in the Additional Form [10-D][10-K][8-K] Disclosure: Any inquiries related to this notification should be directed to [_____________], phone number: [______]; email address: [_________________]. [NAME OF COMPLIANCE Definitions Primary Servicer PARTY], as [role] By: _____________________ Name: Title: EXHIBIT I SWAP AGREEMENT Deutsche Bank Aktiengesellschaft DATE: November 30, 2006 TO: HSBC Bank USA, National Association, not in its individual capacity, but solely as trustee for the supplemental interest trust created pursuant to the Pooling and Servicing Agreement, with respect to the ACE Securities Corp. Home Equity Loan Trust, Series 2006-NC3, Asset Backed Pass-Through Certificates WITH COPY TO: Wxxxx Fargo Bank, N.A. 9000 Xxx Xxxxxxxxx Xxxx Columbia, MD 21045 Attention: Client Manager - transaction party having borrower contact Master Servicer - aggregator Ace 2006-NC3 Tel: 400-000-0000 Fax: 400-000-0000 SUBJECT: Fixed Income Derivatives Confirmation REFERENCE NUMBER: N533634N The purpose of pool assets this long-form confirmation (“Confirmation”) is to confirm the terms and conditions of the current Transaction entered into on the Trade Date specified below (the “Transaction”) between Deutsche Bank AG (“Party A”) and HSBC Bank USA, National Association, not individually, but solely as trustee (the “Supplemental Interest Trust Administrator - waterfall calculator Trustee”) on behalf of the supplemental interest trust with respect to the ACE Securities Corp. Home Equity Loan Trust, Series 2006-NC3, Asset Backed Pass-Through Certificates (may be the Trustee“Supplemental Interest Trust”) (“Party B”) created under the Pooling and Servicing Agreement, or may be the dated as of November 1, 2006, among ACE Securities Corp., as Depositor, Countrywide Home Loans Servicing LP, as Servicer, Wxxxx Fargo Bank, National Association, as Master Servicer) Back-up Servicer - named , Wxxxx Fargo Bank, National Association, as Securities Administrator and HSBC Bank USA, National Association, as Trustee. (the “Pooling and Servicing Agreement”). This Confirmation evidences a complete and binding agreement between you and us to enter into the Transaction on the terms set forth below and replaces any previous agreement between us with respect to the subject matter hereof. This Confirmation constitutes a “Confirmation” and also constitutes a “Schedule” as referred to in the transaction (in the event ISDA Master Agreement, and Paragraph 13 of a Back up Servicer becomes the Primary Servicer, follow Primary Servicer obligations) Custodian - safe keeper of pool assets Paying Agent - distributor of funds to ultimate investor (Trust Administrator performs this function) Trustee - fiduciary of the transaction Note: The definitions above describe the essential function that the party performs, rather than the party’s title. So, for example, in a particular transaction, the trustee may perform the “paying agent” and “trust administrator” functions, while in another transaction, the trust administrator may perform these functions. Where there are multiple checks for criteria the attesting party will identify in their management assertion that they are attesting only Credit Support Annex to the portion of the distribution chain they are responsible for in the related transaction agreements. Key:Schedule.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (ACE Securities Corp. Home Equity Loan Trust, Series 2006-Nc3)

Financial Statements and Exhibits. N/A The Responsible Party applicable to reportable event (other than the Trustee) 10-K Must be filed within 90 days of the fiscal year end for the registrant. 9B Other Information Disclose any information required to be reported on Form 8-K during the fourth quarter covered by the Form 10-K but not reported Depositor The Responsible Party for the applicable Form 8-K item as indicated above 15 Exhibits and Financial Statement Schedules Item 1112(b) - Significant Obligor Financial Information N/A Item 1114(b)(2) - Credit Enhancement Provider Financial Information Determining applicable disclosure threshold Obtaining required financial information or effecting incorporation by reference Depositor Trust Administrator Depositor Item 1115(b) - Derivative Counterparty Financial Information Determining current maximum probable exposure Determining current significance percentage Obtaining required financial information or effecting incorporation by reference Trust Administrator Trust Administrator Depositor Item 1119 - Affiliations and relationships between the following entities, or their respective affiliates entered into outside the ordinary course of business or is on terms other than would be obtained in an arm’s length transaction with an unrelated third party, apart from the asset-backed securities transactionaffiliates, that are material to Certificateholders: Seller Depositor Trustee Trust Administrator Issuing entity Master Servicer Originator Custodian (only with respect to affiliations and relationships with the Sponsor, Depositor or Issuing Entity) Credit Enhancer/Support Provider, if any Significant Obligor, if any Seller (i) All parties to the Pooling and Servicing Agreement (as to themselves), (ii) the Depositor as to the Sponsor, Originator, Significant Obligor, Credit Enhancer/Support Provider and (iii) the Trustee Trust Administrator and Master Servicer as to the Issuing entity Servicer Originator Custodian Depositor Depositor Item 1122 - Assessment of Compliance with Servicing Criteria Each Party participating Master Servicer Trust Administrator Custodian Item 1123 -Servicer Compliance Statement Master Servicer EXHIBIT Q ADDITIONAL DISCLOSURE NOTIFICATION **SEND VIA FAX TO [XXX-XXX-XXXX] AND VIA EMAIL TO [ ] AND VIA OVERNIGHT MAIL TO THE ADDRESS IMMEDIATELY BELOW** Xxxxx Fargo Bank, N.A., as Trust Administrator Xxx Xxxxxxxxx Xxxx Xxxxxxxx, Xxxxxxxx 00000 Attn: Corporate Trust Services- [DEAL NAME]—SEC REPORT PROCESSING RE: **Additional Form [10-D][10-K][8-K] Disclosure** Required Ladies and Gentlemen: In accordance with Section [ ] of the Pooling and Servicing Agreement, dated as of February 1, 2006, among Mortgage Asset Securitization Transactions, Inc. as Depositor, Xxxxx Fargo Bank, N.A. as Master Servicer and Trust Administrator, Xxxxx Fargo Bank, N.A. as Servicer and U.S. Bank National Association as Trustee, the undersigned, as [ ], hereby notifies you that certain events have come to our attention that [will] [may] need to be disclosed on Form [10-D][10-K][8-K]. Description of Additional Form [10-D][10-K][8-K] Disclosure: List of any Attachments hereto to be included in the servicing function Item 1123 - Servicer Compliance Statement Servicer Additional Form [10-D][10-K][8-K] Disclosure: Any inquiries related to this notification should be directed to [ ], phone number: [ ]; email address: [ ]. [NAME OF PARTY], as [role] By: _____________________________ Name: Title: EXHIBIT C SERVICING CRITERIA TO BE ADDRESSED IN ASSESSMENT R-1 FORM OF COMPLIANCE Definitions Primary Servicer - transaction party having borrower contact Master Servicer - aggregator of pool assets Trust Administrator - waterfall calculator (DELINQUENCY REPORT Column/Header Name Description Decimal Format Comment SERVICER_LOAN_NBR A unique number assigned to a loan by the Servicer. This may be different than the Trustee, or may be LOAN_NBR LOAN_NBR A unique identifier assigned to each loan by the Master Servicer) Back-up originator. CLIENT_NBR Servicer - named Client Number SERV_INVESTOR_NBR Contains a unique number as assigned by an external servicer to identify a group of loans in the transaction (in the event a Back up Servicer becomes the Primary Servicer, follow Primary Servicer obligations) Custodian - safe keeper of pool assets Paying Agent - distributor of funds to ultimate investor (Trust Administrator performs this function) Trustee - fiduciary their system. BORROWER_FIRST_NAME First Name of the transaction Note: Borrower. BORROWER_LAST_NAME Last name of the borrower. PROP_ADDRESS Street Name and Number of Property PROP_STATE The definitions above describe state where the essential function property located. PROP_ZIP Zip code where the property is located. BORR_NEXT_PAY_DUE_DATE The date that the party performsborrower's next payment is due to the servicer at the end of processing cycle, rather than as reported by Servicer. MM/DD/YYYY LOAN_TYPE Loan Type (i.e. FHA, VA, Conv) BANKRUPTCY_FILED_DATE The date a particular bankruptcy claim was filed. MM/DD/YYYY BANKRUPTCY_CHAPTER_CODE The chapter under which the party’s titlebankruptcy was filed. SoBANKRUPTCY_CASE_NBR The case number assigned by the court to the bankruptcy filing. POST_PETITION_DUE_DATE The payment due date once the bankruptcy has been approved by the courts MM/DD/YYYY BANKRUPTCY_DCHRG_DISM_DATE The Date The Loan Is Removed From Bankruptcy. Either by Dismissal, for example, Discharged and/or a Motion For Relief Was Granted. MM/DD/YYYY LOSS_MIT_APPR_DATE The Date The Loss Mitigation Was Approved By The Servicer MM/DD/YYYY LOSS_MIT_TYPE The Type Of Loss Mitigation Approved For A Loan Such As; LOSS_MIT_EST_COMP_DATE The Date The Loss Mitigation /Plan Is Scheduled To End/Close MM/DD/YYYY LOSS_MIT_ACT_COMP_DATE The Date The Loss Mitigation Is Actually Completed MM/DD/YYYY FRCLSR_APPROVED_DATE The date DA Admin sends a letter to the servicer with instructions to begin foreclosure proceedings. MM/DD/YYYY ATTORNEY_REFERRAL_DATE Date File Was Referred To Attorney to Pursue Foreclosure MM/DD/YYYY FIRST_LEGAL_DATE Notice of 1st legal filed by an Attorney in a particular transaction, the trustee may perform the “paying agent” and “trust administrator” functions, while in another transaction, the trust administrator may perform these functionsForeclosure Action MM/DD/YYYY FRCLSR_SALE_EXPECTED_DATE The date by which a foreclosure sale is expected to occur. Where there are multiple checks for criteria the attesting party will identify in their management assertion that they are attesting only to the portion MM/DD/YYYY FRCLSR_SALE_DATE The actual date of the distribution chain they foreclosure sale. MM/DD/YYYY FRCLSR_SALE_AMT The amount a property sold for at the foreclosure sale. 2 No commas(,) or dollar signs ($) EVICTION_START_DATE The date the servicer initiates eviction of the borrower. MM/DD/YYYY EVICTION_COMPLETED_DATE The date the court revokes legal possession of the property from the borrower. MM/DD/YYYY LIST_PRICE The price at which an REO property is marketed. 2 No commas(,) or dollar signs ($) LIST_DATE The date an REO property is listed at a particular price. MM/DD/YYYY OFFER_AMT The dollar value of an offer for an REO property. 2 No commas(,) or dollar signs ($) OFFER_DATE_TIME The date an offer is received by DA Admin or by the Servicer. MM/DD/YYYY REO_CLOSING_DATE The date the REO sale of the property is scheduled to close. MM/DD/YYYY REO_ACTUAL_CLOSING_DATE Actual Date Of REO Sale MM/DD/YYYY OCCUPANT_CODE Classification of how the property is occupied. PROP_CONDITION_CODE A code that indicates the condition of the property. PROP_INSPECTION_DATE The date a property inspection is performed. MM/DD/YYYY APPRAISAL_DATE The date the appraisal was done. MM/DD/YYYY CURR_PROP_VAL The current "as is" value of the property based on brokers price opinion or appraisal. 2 REPAIRED_PROP_VAL The amount the property would be worth if repairs are responsible completed pursuant to a broker's price opinion or appraisal. 2 If applicable: DELINQ_STATUS_CODE FNMA Code Describing Status of Loan DELINQ_REASON_CODE The circumstances which caused a borrower to stop paying on a loan. Code indicates the reason why the loan is in default for in this cycle. MI_CLAIM_FILED_DATE Date Mortgage Insurance Claim Was Filed With Mortgage Insurance Company. MM/DD/YYYY MI_CLAIM_AMT Amount of Mortgage Insurance Claim Filed No commas(,) or dollar signs ($) MI_CLAIM_PAID_DATE Date Mortgage Insurance Company Disbursed Claim Payment MM/DD/YYYY MI_CLAIM_AMT_PAID Amount Mortgage Insurance Company Paid On Claim 2 No commas(,) or dollar signs ($) POOL_CLAIM_FILED_DATE Date Claim Was Filed With Pool Insurance Company MM/DD/YYYY POOL_CLAIM_AMT Amount of Claim Filed With Pool Insurance Company 2 No commas(,) or dollar signs ($) POOL_CLAIM_PAID_DATE Date Claim Was Settled and The Check Was Issued By The Pool Insurer MM/DD/YYYY POOL_CLAIM_AMT_PAID Amount Paid On Claim By Pool Insurance Company 2 No commas(,) or dollar signs ($) FHA_PART_A_CLAIM_FILED_DATE Date FHA Part A Claim Was Filed With HUD MM/DD/YYYY FHA_PART_A_CLAIM_AMT Amount of FHA Part A Claim Filed 2 No commas(,) or dollar signs ($) FHA_PART_A_CLAIM_PAID_DATE Date HUD Disbursed Part A Claim Payment MM/DD/YYYY FHA_PART_A_CLAIM_PAID_AMT Amount HUD Paid on Part A Claim 2 No commas(,) or dollar signs ($) FHA_PART_B_CLAIM_FILED_DATE Date FHA Part B Claim Was Filed With HUD MM/DD/YYYY FHA_PART_B_CLAIM_AMT Amount of FHA Part B Claim Filed 2 No commas(,) or dollar signs ($) FHA_PART_B_CLAIM_PAID_DATE Date HUD Disbursed Part B Claim Payment MM/DD/YYYY FHA_PART_B_CLAIM_PAID_AMT Amount HUD Paid on Part B Claim 2 No commas(,) or dollar signs ($) VA_CLAIM_FILED_DATE Date VA Claim Was Filed With the related transaction agreementsVeterans Admin MM/DD/YYYY VA_CLAIM_PAID_DATE Date Veterans Admin. Key:Disbursed VA Claim Payment MM/DD/YYYY VA_CLAIM_PAID_AMT Amount Veterans Admin. Paid on VA Claim 2 No commas(,) or dollar signs ($)

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mastr Asset Backed Securities Trust 2006-Nc1, Mortgage Pass-Through Certificates, Series 2006-Nc1)

Financial Statements and Exhibits. N/A The Responsible Party applicable to reportable event, other than the Trustee 10-K Must be filed within 90 days of the fiscal year end for the registrant. 9B Other Information Disclose any information required to be reported on Form 8-K during the fourth quarter covered by the Form 10-K but not reported Depositor The Responsible Party for the applicable Form 8-K item as indicated above 15 Exhibits and Financial Statement Schedules Item 1112(b) - Significant Obligor Financial Information N/A Item 1114(b)(2) - Credit Enhancement Provider Financial Information Determining applicable disclosure threshold Obtaining Requesting required financial information or effecting incorporation by reference Depositor Trust Administrator Depositor Item 1115(b) - Derivative Counterparty Financial Information Determining current maximum probable exposure Determining current significance percentage Obtaining Requesting required financial information or effecting incorporation by reference Depositor Trust Administrator Trust Administrator Item 1117 - Legal proceedings pending against the following entities, or their respective property, that is material to Certificateholders, including proceedings known to be contemplated by governmental authorities: Seller Depositor Trustee Issuing entity Master Servicer Originator Custodian Seller Depositor Trustee Master Servicer Custodian Item 1119 - Affiliations and relationships between the following entities, or their respective affiliates entered into outside the ordinary course of business or is on terms other than would be obtained in an arm’s length transaction with an unrelated third party, apart from the asset-backed securities transactionaffiliates, that are material to Certificateholders: Seller Depositor Trustee Trust Administrator Issuing entity Master Servicer Originator Custodian Credit Enhancer/Support Provider, if any Significant Obligor, if any Seller (i) All parties to the Pooling and Servicing Agreement (as to themselves), (ii) the Depositor Trustee Trust Administrator as to the Sponsor, Originator, Significant Obligor, Credit Enhancer/Support Provider and (iii) the Depositor as to the Issuing entity Servicer Originator Custodian Depositor Depositor Item 1122 - Assessment of Compliance with Servicing Criteria Each Party participating Master Servicer Trust Administrator Custodian Servicer Item 1123 -Servicer Compliance Statement Master Servicer Servicer EXHIBIT Q ADDITIONAL DISCLOSURE NOTIFICATION **SEND VIA FAX TO [XXX-XXX-XXXX] AND VIA EMAIL TO [ ] AND VIA OVERNIGHT MAIL TO THE ADDRESS IMMEDIATELY BELOW** Xxxxx Fargo Bank, N.A., as Trust Administrator Xxx Xxxxxxxxx Xxxx Xxxxxxxx, Xxxxxxxx 00000 Attn: Corporate Trust Services- [DEAL NAME]—SEC REPORT PROCESSING Mortgage Asset Securitization Transactions, Inc. 0000 Xxxxxx xx xxx Xxxxxxxx Xxx Xxxx, Xxx Xxxx 00000 RE: **Additional Form [10-D][10-K][8-K] Disclosure** Required Ladies and Gentlemen: In accordance with Section [ ] of the Pooling and Servicing Agreement, dated as of May 1, 2006, among Mortgage Asset Securitization Transactions, Inc. as Depositor, Xxxxx Fargo Bank, N.A. as Master Servicer and Trust Administrator, Xxxxx Fargo Bank, N.A. as Servicer and U.S. Bank National Association as Trustee and Custodian, the undersigned, as [ ], hereby notifies you that certain events have come to our attention that [will] [may] need to be disclosed on Form [10-D][10-K][8-K]. Description of Additional Form [10-D][10-K][8-K] Disclosure: List of any Attachments hereto to be included in the servicing function Item 1123 - Additional Form [10-D][10-K][8-K] Disclosure: Any inquiries related to this notification should be directed to [ ], phone number: [ ]; email address: [_______________]. [NAME OF PARTY], as [role] By: Name: Title: EXHIBIT R-1 FORM OF DELINQUENCY REPORT AND MONTHLY REMITTANCE ADVICE LOAN_NUMBER INVESTOR_LOAN_NUMBER ACTUAL_ADDITIONAL_PRINCIPAL ADDITIONAL_PRINCIPAL_COLLECTED ANCILLARY_FEES_REMITTED_INV ANCILLARY_FEES_REMITTED_OTHER BANKRUPTCY_STATUS BEGINNING_INTEREST_ADVANCED BEGINNING_INVESTOR_BALANCE BEGINNING_INVESTOR_NOTE_RATE BEGINNING_INVESTOR_PAYMENT_AMT BEGINNING_INVESTOR_SERV_FEE CONTROL_LAST_CUTOFF_DATE CORPORATE_ADVANCE_BALANCE DATE_ARCHIVED DATE_LAST_MODIFIED DELINQUENT_INTEREST DELINQUENT_PRINCIPAL DELINQUENT_SERVICE_FEE ESCROW_ADVANCE_BALANCE ESCROW_ADVANCE_RECOVERED ESCROW_BALANCE ESCROW_REMITTED FIXED_INSTAL_ON_LIQUIDATION FNMA_ACTION_CODE FNMA_ACTION_DATE FNMA_DELINQUENT_REASON_CODE FNMA_DELINQUENT_STATUS_CODE FORECLOSURE_STATUS GUARANTY_FEE_EXPENSE INTEREST_ADJUSTMENT_ON_PAYOFF INTEREST_ADJUSTMENT_ON_REO INTEREST_COLLECTED INTEREST_ONLY_ADJUSTMENT INTEREST_REMITTED INVESTOR_ADVANCING_STATUS INVESTOR_CUSTNO INVESTOR_INTEREST_STRIPS INVESTOR_TYPE LAST_INV_HIST_SEQUENCE_NUMBER LAST_MODIFIED_BY_USER LAST_SERV_HIST_SEQUENCE_NUMBER LIQUIDATION_PRINCIPAL LIQUIDATION_TYPE LOAN_DUE_DATE LOAN_NOTE_RATE LOAN_PARTICIPANT_PRINCIPAL LOAN_PAYMENT_AMOUNT LOAN_PRINCIPAL LOAN_SCHEDULED_NOTE_RATE LOAN_SCHEDULED_PART_PRINCIPAL LOAN_SCHEDULED_PAYMENT_AMOUNT LOAN_SCHEDULED_PRINCIPAL LOAN_STATUS LOAN_STATUS_DATE MASTER_SERVICE_FEE MASTER_SERVICE_FEE_ADJUSTMENT OTHER_INTEREST_STRIPS PASS_THRU_INTEREST_EXPENSE PREPAID_INTEREST PREPAID_PRINCIPAL PREPAID_SERVICE_FEE PRINCIPAL_ADJUSTMENTS PRINCIPAL_COLLECTED PRINCIPAL_REMITTED REO_BACKED_OUT_SCHED_INTEREST REO_BACKED_OUT_SCHED_PRINCIPAL REO_SHORTFALL REO_STATUS SALE_CURRENT_SERVICE_FEE_RATE SALE_MONTHLY_COLATERAL_FEE SALE_MONTHLY_DEL_FEE SALE_MONTHLY_FEE SALE_MONTHLY_PAYOFF_FEE SALE_MONTHLY_SPECIAL_FEE SALE_NUMBER SALE_SCHEDULED_SERV_FEE_RATE SBO_DATE SCHEDULED_INTEREST_AMOUNT SCHEDULED_PRINCIPAL_AMOUNT SCHEDULED_SERV_FEE_AMOUNT SERVICE_FEE_EARNED SERVICE_FEE_ON_LIQUIDATION SERVICE_FEE_PAID SERV_FEE_ON_DEL_CURTAILMENTS SERV_FEE_ON_PRINCIPAL_ADJUST SOURCE_CODE TRUSTEE_INTEREST_STRIPS REMITTANCE INVESTOR PENDING_INVESTOR XXXXXX.XXXX_NUMBER LIEN TYPE NEXT_DUE CUTOFF_DATE UPB DQ_BUCKET CHAPTER TYPE GROSSTYPE BK_DATE [RESERVED] EXHIBIT R-3 FORM OF REALIZED LOSS REPORT Calculation of Realized Loss/Gain Form 332- Instruction Sheet NOTE: Do not net or combine items. Show all expenses individually and all credits as separate line items. Claim packages are due on the remittance report date. Late submissions may result in claims not being passed until the following month. The Servicer Compliance Statement Servicer EXHIBIT C SERVICING CRITERIA TO BE ADDRESSED IN ASSESSMENT OF COMPLIANCE Definitions Primary Servicer - transaction party having borrower contact Master Servicer - aggregator is responsible to remit all funds pending loss approval and /or resolution of pool assets Trust Administrator - waterfall calculator (may be the Trustee, or may be the Master Servicer) Back-up Servicer - named in the transaction (in the event a Back up Servicer becomes the Primary Servicer, follow Primary Servicer obligations) Custodian - safe keeper of pool assets Paying Agent - distributor of funds to ultimate investor (Trust Administrator performs this function) Trustee - fiduciary of the transaction Note: The definitions above describe the essential function that the party performs, rather than the party’s title. So, for example, in a particular transaction, the trustee may perform the “paying agent” and “trust administrator” functions, while in another transaction, the trust administrator may perform these functions. Where there are multiple checks for criteria the attesting party will identify in their management assertion that they are attesting only to the portion of the distribution chain they are responsible for in the related transaction agreements. Key:any disputed items.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2006-Fre2)

Financial Statements and Exhibits. N/A 10-K Must be filed within 90 days of the fiscal year end for the registrant. 9B Other Information Disclose any information required to be reported on Form 8-K during the fourth quarter covered by the Form 10-K but not reported Depositor 15 Exhibits and Financial Statement Schedules Item 1112(b) - Significant Obligor Financial Information N/A Item 1114(b)(2) - Credit Enhancement Provider Financial Information Determining applicable disclosure threshold Obtaining required financial information or effecting incorporation by reference Depositor Depositor Item 1115(b) - Derivative Counterparty Financial Information Determining current maximum probable exposure Determining current significance percentage Obtaining required financial information or effecting incorporation by reference Trust Administrator Trust Administrator Depositor Item 1119 - Affiliations and relationships between the following entities, or their respective affiliates entered into outside the ordinary course of business or is on terms other than would be obtained in an arm’s length transaction with an unrelated third party, apart from the asset-backed securities transaction, that are material to Certificateholders: Seller Depositor Trustee Trust Administrator Issuing entity Servicer Originator Custodian Credit Enhancer/Support Provider, if any Significant Obligor, if any Seller Depositor Trustee Trust Administrator Issuing entity Servicer Originator Custodian Depositor Depositor Item 1122 - Assessment of Compliance with Servicing Criteria Each Party participating in the servicing function Item 1123 - Servicer Compliance Statement Servicer _______________ * Subject to clarification from the SEC. EXHIBIT C SERVICING CRITERIA TO BE ADDRESSED IN ASSESSMENT OF COMPLIANCE Definitions Primary Servicer - Servicer– transaction party having borrower contact Master Servicer - aggregator of pool assets `Trust Administrator - waterfall calculator (may be the Trustee, or may be the Master Servicer) Back-up Servicer - named in the transaction (in the event a Back Back-up Servicer becomes the Primary Servicer, follow Primary Servicer obligations) Custodian - safe keeper of pool assets Paying Agent - distributor of funds to ultimate investor (Trust Administrator performs this function) Trustee - fiduciary of the transaction Note: The definitions above describe the essential function that the party performs, rather than the party’s title. So, for example, in a particular transaction, the trustee may perform the “paying agent” and “trust administrator” functions, while in another transaction, the trust administrator may perform these functions. Where there are multiple checks for criteria the attesting party will identify in their management assertion that they are attesting only to the portion of the distribution chain they are responsible for in the related transaction agreements. Key:

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Ahl2)

Financial Statements and Exhibits. N/A 10-K Must be filed within 90 days of the fiscal year end for the registrant. 9B Other Information Disclose any information required to be reported on Form 8-K during the fourth quarter covered by the Form 10-K but not reported Depositor 15 Exhibits and Financial Statement Schedules Item 1112(b) - Significant Obligor Financial Information N/A Item 1114(b)(2) - Credit Enhancement Provider Financial Information Determining applicable disclosure threshold Obtaining required financial information or effecting incorporation by reference Depositor Depositor Item 1115(b) - Derivative Counterparty Financial Information Determining current maximum probable exposure Determining current significance percentage Obtaining required financial information or effecting incorporation by reference Trust Administrator Trust Administrator Depositor Item 1119 - Affiliations and relationships between the following entities, or their respective affiliates entered into outside the ordinary course of business or is on terms other than would be obtained in an arm’s length transaction with an unrelated third party, apart from the asset-backed securities transaction, that are material to Certificateholders: Seller Depositor Trustee Trust Administrator Issuing entity Servicer Originator Custodian Credit Enhancer/Support Provider, if any Significant Obligor, if any Seller Depositor Trustee Trust Administrator Issuing entity Servicer Originator Custodian Depositor Depositor Item 1122 - Assessment of Compliance with Servicing Criteria Each Party participating in the servicing function Item 1123 - Servicer Compliance Statement Servicer EXHIBIT C SERVICING CRITERIA TO BE ADDRESSED IN ASSESSMENT OF COMPLIANCE Definitions Primary Servicer - transaction party having borrower contact Master Servicer - aggregator of pool assets Trust Administrator - waterfall calculator (may be the Trustee, or may be the Master Servicer) Back-up Servicer - named in the transaction (in the event a Back up Servicer becomes the Primary Servicer, follow Primary Servicer obligations) Custodian - safe keeper of pool assets Paying Agent - distributor of funds to ultimate investor (Trust Administrator performs this function) Trustee - fiduciary of the transaction Note: The definitions above describe the essential function that the party performs, rather than the party’s title. So, for example, in a particular transaction, the trustee may perform the “paying agent” and “trust administrator” functions, while in another transaction, the trust administrator may perform these functions. Where there are multiple checks for criteria the attesting party will identify in their management assertion that they are attesting only to the portion of the distribution chain they are responsible for in the related transaction agreements. Key:: X - obligation Reg AB Reference Servicing Criteria Primary Servicer Master Servicer Trust Administrator General Servicing Considerations 1122(d)(1)(i) Policies and procedures are instituted to monitor any performance or other triggers and events of default in accordance with the transaction agreements. X X 1122(d)(1)(ii) If any material servicing activities are outsourced to third parties, policies and procedures are instituted to monitor the third party’s performance and compliance with such servicing activities. X X 1122(d)(1)(iii) Any requirements in the transaction agreements to maintain a back-up servicer for the Pool Assets are maintained. 1122(d)(1)(iv) A fidelity bond and errors and omissions policy is in effect on the party participating in the servicing function throughout the reporting period in the amount of coverage required by and otherwise in accordance with the terms of the transaction agreements. X X Cash Collection and Administration 1122(d)(2)(i) Payments on pool assets are deposited into the appropriate custodial bank accounts and related bank clearing accounts no more than two business days following receipt, or such other number of days specified in the transaction agreements. X X X 1122(d)(2)(ii) Disbursements made via wire transfer on behalf of an obligor or to an investor are made only by authorized personnel. X X X 1122(d)(2)(iii) Advances of funds or guarantees regarding collections, cash flows or distributions, and any interest or other fees charged for such advances, are made, reviewed and approved as specified in the transaction agreements. X X 1122(d)(2)(iv) The related accounts for the transaction, such as cash reserve accounts or accounts established as a form of over collateralization, are separately maintained (e.g., with respect to commingling of cash) as set forth in the transaction agreements. X 1122(d)(2)(v) Each custodial account is maintained at a federally insured depository institution as set forth in the transaction agreements. For purposes of this criterion, “federally insured depository institution” with respect to a foreign financial institution means a foreign financial institution that meets the requirements of Rule 13k-1(b)(1) of the Securities Exchange Act. * X X X 1122(d)(2)(vi) Unissued checks are safeguarded so as to prevent unauthorized access. X 1122(d)(2)(vii) Reconciliations are prepared on a monthly basis for all asset-backed securities related bank accounts, including custodial accounts and related bank clearing accounts. These reconciliations are (A) mathematically accurate; (B) prepared within 30 calendar days after the bank statement cutoff date, or such other number of days specified in the transaction agreements; (C) reviewed and approved by someone other than the person who prepared the reconciliation; and (D) contain explanations for reconciling items. These reconciling items are resolved within 90 calendar days of their original identification, or such other number of days specified in the transaction agreements. X X X Investor Remittances and Reporting 1122(d)(3)(i) Reports to investors, including those to be filed with the Commission, are maintained in accordance with the transaction agreements and applicable Commission requirements. Specifically, such reports (A) are prepared in accordance with timeframes and other terms set forth in the transaction agreements; (B) provide information calculated in accordance with the terms specified in the transaction agreements; (C) are filed with the Commission as required by its rules and regulations; and (D) agree with investors’ or the trustee’s records as to the total unpaid principal balance and number of Pool Assets serviced by the Servicer. X X X 1122(d)(3)(ii) Amounts due to investors are allocated and remitted in accordance with timeframes, distribution priority and other terms set forth in the transaction agreements. X X X 1122(d)(3)(iii) Disbursements made to an investor are posted within two business days to the Servicer’s investor records, or such other number of days specified in the transaction agreements. X X X 1122(d)(3)(iv) Amounts remitted to investors per the investor reports agree with cancelled checks, or other form of payment, or custodial bank statements. X X X Pool Asset Administration 1122(d)(4)(i) Collateral or security on pool assets is maintained as required by the transaction agreements or related pool asset documents. X X 1122(d)(4)(ii) Pool assets and related documents are safeguarded as required by the transaction agreements X X 1122(d)(4)(iii) Any additions, removals or substitutions to the asset pool are made, reviewed and approved in accordance with any conditions or requirements in the transaction agreements. X X 1122(d)(4)(iv) Payments on pool assets, including any payoffs, made in accordance with the related pool asset documents are posted to the Servicer’s obligor records maintained no more than two business days after receipt, or such other number of days specified in the transaction agreements, and allocated to principal, interest or other items (e.g., escrow) in accordance with the related pool asset documents. X 1122(d)(4)(v) The Servicer’s records regarding the pool assets agree with the Servicer’s records with respect to an obligor’s unpaid principal balance. X 1122(d)(4)(vi) Changes with respect to the terms or status of an obligor's pool assets (e.g., loan modifications or re-agings) are made, reviewed and approved by authorized personnel in accordance with the transaction agreements and related pool asset documents. X X 1122(d)(4)(vii) Loss mitigation or recovery actions (e.g., forbearance plans, modifications and deeds in lieu of foreclosure, foreclosures and repossessions, as applicable) are initiated, conducted and concluded in accordance with the timeframes or other requirements established by the transaction agreements. X X 1122(d)(4)(viii) Records documenting collection efforts are maintained during the period a pool asset is delinquent in accordance with the transaction agreements. Such records are maintained on at least a monthly basis, or such other period specified in the transaction agreements, and describe the entity’s activities in monitoring delinquent pool assets including, for example, phone calls, letters and payment rescheduling plans in cases where delinquency is deemed temporary (e.g., illness or unemployment). X 1122(d)(4)(ix) Adjustments to interest rates or rates of return for pool assets with variable rates are computed based on the related pool asset documents. X X 1122(d)(4)(x) Regarding any funds held in trust for an obligor (such as escrow accounts): (A) such funds are analyzed, in accordance with the obligor’s pool asset documents, on at least an annual basis, or such other period specified in the transaction agreements; (B) interest on such funds is paid, or credited, to obligors in accordance with applicable pool asset documents and state laws; and (C) such funds are returned to the obligor within 30 calendar days of full repayment of the related pool assets, or such other number of days specified in the transaction agreements. X 1122(d)(4)(xi) Payments made on behalf of an obligor (such as tax or insurance payments) are made on or before the related penalty or expiration dates, as indicated on the appropriate bills or notices for such payments, provided that such support has been received by the servicer at least 30 calendar days prior to these dates, or such other number of days specified in the transaction agreements. X 1122(d)(4)(xii) Any late payment penalties in connection with any payment to be made on behalf of an obligor are paid from the Servicer’s funds and not charged to the obligor, unless the late payment was due to the obligor’s error or omission. X 1122(d)(4)(xiii) Disbursements made on behalf of an obligor are posted within two business days to the obligor’s records maintained by the servicer, or such other number of days specified in the transaction agreements. X 1122(d)(4)(xiv) Delinquencies, charge-offs and uncollectible accounts are recognized and recorded in accordance with the transaction agreements. X 1122(d)(4)(xv) Any external enhancement or other support, identified in Item 1114(a)(1) through (3) or Item 1115 of Regulation AB, is maintained as set forth in the transaction agreements. X * Subject to clarification from the SEC. EXHIBIT D FORM OF ASSIGNMENT AND RECOGNITION AGREEMENT This is an Assignment, Assumption and Recognition Agreement (“Assignment Agreement”) made as of April 10, 2007, among Citigroup Global Markets Realty Corp. (the “Assignor”), Wxxxx Fargo Bank, N.A. (the “Company”) and Citigroup Mortgage Loan Trust Inc. (the “Assignee”) for the benefit of the holders of the Citigroup Mortgage Loan Trust 2007-WFHE2, Asset-Backed Pass-Through Certificates, Series 2007-WFHE2. In consideration of the mutual promises contained herein the parties hereto agree that (i) the residential mortgage loans (the “Assigned Loans”) listed on Attachment 1 annexed hereto (the “Assigned Loan Schedule”), (ii) the Amended and Restated Master Mortgage Loan Purchase Agreement (the “Agreement”), dated as of March 1, 2006, as amended by the First Amendment to the Amended and Restated Master Mortgage Loan Purchase Agreement, dated as of October 26, 2006 between the Assignor and the Company, pursuant to which the Assigned Loans were purchased by the Assignor from the Company and (iii) the Assignment and Conveyance Agreement (the “Assignment and Conveyance Agreement”), dated as of February 27, 2007, between the Company and the Assignor shall be subject to the terms of this Assignment Agreement. Capitalized terms used herein but not defined shall have the meanings ascribed to them in the Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Wfhe2)

Financial Statements and Exhibits. N/A 10-K Must be filed within 90 days of the fiscal year end for the registrant. 9B Other Information Disclose any information required to be reported on Form 8-K during the fourth quarter covered by the Form 10-K but not reported Depositor 15 Exhibits and Financial Statement Schedules Item 1112(b) - Significant Obligor Financial Information N/A Item 1114(b)(2) - Credit Enhancement Provider Financial Information Determining applicable disclosure threshold Obtaining required financial information or effecting incorporation by reference Depositor Depositor Item 1115(b) - Derivative Counterparty Financial Information Determining current maximum probable exposure Determining current significance percentage Obtaining required financial information or effecting incorporation by reference Trust Administrator Trust Administrator Depositor Item 1119 - Affiliations and relationships between the following entities, or their respective affiliates entered into outside the ordinary course of business or is on terms other than would be obtained in an arm’s length transaction with an unrelated third party, apart from the asset-backed securities transaction, that are material to Certificateholders: Seller Depositor Trustee Trust Administrator Issuing entity Servicer Servicers Originator Custodian Credit Enhancer/Support Provider, if any Significant Obligor, if any Seller Depositor Trustee Trust Administrator Issuing entity Servicer Servicers Originator Custodian Depositor Depositor Item 1122 - Assessment of Compliance with Servicing Criteria Each Party participating in the servicing function Item 1123 - Servicer Servicers Compliance Statement Servicer Servicers EXHIBIT C SERVICING CRITERIA TO BE ADDRESSED IN ASSESSMENT OF COMPLIANCE Definitions Primary Servicer Servicers - transaction party having borrower contact Master Servicer Servicers - aggregator of pool assets Trust Administrator - waterfall calculator (may be the Trustee, or may be the Master ServicerServicers) Back-up Servicer Servicers - named in the transaction (in the event a Back up Servicer Servicers becomes the Primary ServicerServicers, follow Primary Servicer Servicers obligations) Custodian - safe keeper of pool assets Paying Agent - distributor of funds to ultimate investor (Trust Administrator performs this function) Trustee - fiduciary of the transaction Note: The definitions above describe the essential function that the party performs, rather than the party’s title. So, for example, in a particular transaction, the trustee may perform the “paying agent” and “trust administrator” functions, while in another transaction, the trust administrator may perform these functions. Where there are multiple checks for criteria the attesting party will identify in their management assertion that they are attesting only to the portion of the distribution chain they are responsible for in the related transaction agreements. Key: X - obligation Reg AB Reference Servicing Criteria Primary Servicers Master Servicers Trust Administrator General Servicing Considerations 1122(d)(1)(i) Policies and procedures are instituted to monitor any performance or other triggers and events of default in accordance with the transaction agreements. X X 1122(d)(1)(ii) If any material servicing activities are outsourced to third parties, policies and procedures are instituted to monitor the third party’s performance and compliance with such servicing activities. X X 1122(d)(1)(iii) Any requirements in the transaction agreements to maintain a back-up Servicers for the Pool Assets are maintained. 1122(d)(1)(iv) A fidelity bond and errors and omissions policy is in effect on the party participating in the servicing function throughout the reporting period in the amount of coverage required by and otherwise in accordance with the terms of the transaction agreements. X X Cash Collection and Administration 1122(d)(2)(i) Payments on pool assets are deposited into the appropriate custodial bank accounts and related bank clearing accounts no more than two business days following receipt, or such other number of days specified in the transaction agreements. X X X 1122(d)(2)(ii) Disbursements made via wire transfer on behalf of an obligor or to an investor are made only by authorized personnel. X X X 1122(d)(2)(iii) Advances of funds or guarantees regarding collections, cash flows or distributions, and any interest or other fees charged for such advances, are made, reviewed and approved as specified in the transaction agreements. X X 1122(d)(2)(iv) The related accounts for the transaction, such as cash reserve accounts or accounts established as a form of over collateralization, are separately maintained (e.g., with respect to commingling of cash) as set forth in the transaction agreements. X 1122(d)(2)(v) Each custodial account is maintained at a federally insured depository institution as set forth in the transaction agreements. For purposes of this criterion, “federally insured depository institution” with respect to a foreign financial institution means a foreign financial institution that meets the requirements of Rule 13k-1(b)(1) of the Securities Exchange Act. * X X X 1122(d)(2)(vi) Unissued checks are safeguarded so as to prevent unauthorized access. X 1122(d)(2)(vii) Reconciliations are prepared on a monthly basis for all asset-backed securities related bank accounts, including custodial accounts and related bank clearing accounts. These reconciliations are (A) mathematically accurate; (B) prepared within 30 calendar days after the bank statement cutoff date, or such other number of days specified in the transaction agreements; (C) reviewed and approved by someone other than the person who prepared the reconciliation; and (D) contain explanations for reconciling items. These reconciling items are resolved within 90 calendar days of their original identification, or such other number of days specified in the transaction agreements. X X X Investor Remittances and Reporting 1122(d)(3)(i) Reports to investors, including those to be filed with the Commission, are maintained in accordance with the transaction agreements and applicable Commission requirements. Specifically, such reports (A) are prepared in accordance with timeframes and other terms set forth in the transaction agreements; (B) provide information calculated in accordance with the terms specified in the transaction agreements; (C) are filed with the Commission as required by its rules and regulations; and (D) agree with investors’ or the trustee’s records as to the total unpaid principal balance and number of Pool Assets serviced by the Servicers. X X X 1122(d)(3)(ii) Amounts due to investors are allocated and remitted in accordance with timeframes, distribution priority and other terms set forth in the transaction agreements. X X X 1122(d)(3)(iii) Disbursements made to an investor are posted within two business days to the Servicers’s investor records, or such other number of days specified in the transaction agreements. X X X 1122(d)(3)(iv) Amounts remitted to investors per the investor reports agree with cancelled checks, or other form of payment, or custodial bank statements. X X X Pool Asset Administration 1122(d)(4)(i) Collateral or security on pool assets is maintained as required by the transaction agreements or related pool asset documents. X X 1122(d)(4)(ii) Pool assets and related documents are safeguarded as required by the transaction agreements X X 1122(d)(4)(iii) Any additions, removals or substitutions to the asset pool are made, reviewed and approved in accordance with any conditions or requirements in the transaction agreements. X X 1122(d)(4)(iv) Payments on pool assets, including any payoffs, made in accordance with the related pool asset documents are posted to the Servicers’s obligor records maintained no more than two business days after receipt, or such other number of days specified in the transaction agreements, and allocated to principal, interest or other items (e.g., escrow) in accordance with the related pool asset documents. X 1122(d)(4)(v) The Servicers’s records regarding the pool assets agree with the Servicers’s records with respect to an obligor’s unpaid principal balance. X 1122(d)(4)(vi) Changes with respect to the terms or status of an obligor's pool assets (e.g., loan modifications or re-agings) are made, reviewed and approved by authorized personnel in accordance with the transaction agreements and related pool asset documents. X X 1122(d)(4)(vii) Loss mitigation or recovery actions (e.g., forbearance plans, modifications and deeds in lieu of foreclosure, foreclosures and repossessions, as applicable) are initiated, conducted and concluded in accordance with the timeframes or other requirements established by the transaction agreements. X X 1122(d)(4)(viii) Records documenting collection efforts are maintained during the period a pool asset is delinquent in accordance with the transaction agreements. Such records are maintained on at least a monthly basis, or such other period specified in the transaction agreements, and describe the entity’s activities in monitoring delinquent pool assets including, for example, phone calls, letters and payment rescheduling plans in cases where delinquency is deemed temporary (e.g., illness or unemployment). X 1122(d)(4)(ix) Adjustments to interest rates or rates of return for pool assets with variable rates are computed based on the related pool asset documents. X X 1122(d)(4)(x) Regarding any funds held in trust for an obligor (such as escrow accounts): (A) such funds are analyzed, in accordance with the obligor’s pool asset documents, on at least an annual basis, or such other period specified in the transaction agreements; (B) interest on such funds is paid, or credited, to obligors in accordance with applicable pool asset documents and state laws; and (C) such funds are returned to the obligor within 30 calendar days of full repayment of the related pool assets, or such other number of days specified in the transaction agreements. X 1122(d)(4)(xi) Payments made on behalf of an obligor (such as tax or insurance payments) are made on or before the related penalty or expiration dates, as indicated on the appropriate bills or notices for such payments, provided that such support has been received by the Servicers at least 30 calendar days prior to these dates, or such other number of days specified in the transaction agreements. X 1122(d)(4)(xii) Any late payment penalties in connection with any payment to be made on behalf of an obligor are paid from the Servicers’s funds and not charged to the obligor, unless the late payment was due to the obligor’s error or omission. X 1122(d)(4)(xiii) Disbursements made on behalf of an obligor are posted within two business days to the obligor’s records maintained by the Servicers, or such other number of days specified in the transaction agreements. X 1122(d)(4)(xiv) Delinquencies, charge-offs and uncollectible accounts are recognized and recorded in accordance with the transaction agreements. X 1122(d)(4)(xv) Any external enhancement or other support, identified in Item 1114(a)(1) through (3) or Item 1115 of Regulation AB, is maintained as set forth in the transaction agreements. X * Subject to clarification from the SEC. EXHIBIT D FORM OF ASSIGNMENT AND RECOGNITION AGREEMENTS AND MORTGAGE LOAN PURCHASE AGREEMENT ASSIGNMENT AND RECOGNITION AGREEMENT THIS ASSIGNMENT AND RECOGNITION AGREEMENT, dated August 8, 2006, (“Agreement”) among Citigroup Global Markets Realty Corp. (“Assignor”), Citigroup Mortgage Loan Trust Inc. (“Assignee”) and Ameriquest Mortgage Company (the “Company”): For and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration the receipt and sufficiency of which hereby are acknowledged, and of the mutual covenants herein contained, the parties hereto hereby agree as follows:

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-He2)

Financial Statements and Exhibits. N/A The Responsible Party applicable to reportable event, other than the Trustee 10-K Must be filed within 90 days of the fiscal year end for the registrant. 9B Other Information Disclose any information required to be reported on Form 8-K during the fourth quarter covered by the Form 10-K but not reported Depositor The Responsible Party for the applicable Form 8-K item as indicated above 15 Exhibits and Financial Statement Schedules Item 1112(b) - Significant Obligor Financial Information N/A Item 1114(b)(2) - Credit Enhancement Provider Financial Information Determining applicable disclosure threshold Obtaining Requesting required financial information or effecting incorporation by reference Depositor Trust Administrator Depositor Item 1115(b) - Derivative Counterparty Financial Information Determining current maximum probable exposure Determining current significance percentage Obtaining Requesting required financial information or effecting incorporation by reference Depositor Trust Administrator Trust Administrator Item 1117 - Legal proceedings pending against the following entities, or their respective property, that is material to Certificateholders, including proceedings known to be contemplated by governmental authorities: Seller Depositor Trustee Issuing entity Master Servicer Originator Custodian Servicer Seller Depositor Trustee Master Servicer Custodian Servicer Item 1119 - Affiliations and relationships between the following entities, or their respective affiliates entered into outside the ordinary course of business or is on terms other than would be obtained in an arm’s length transaction with an unrelated third party, apart from the asset-backed securities transactionaffiliates, that are material to Certificateholders: Seller Depositor Trustee Trust Administrator Issuing entity Master Servicer Originator Custodian Servicer Credit Enhancer/Support Provider, if any Significant Obligor, if any Seller (i) All parties to the Pooling and Servicing Agreement (as to themselves), (ii) the Depositor Trustee Trust Administrator as to the Sponsor, Originator, Significant Obligor, Credit Enhancer/Support Provider and (iii) the Depositor as to the Issuing entity Servicer Originator Custodian Depositor Depositor Item 1122 - Assessment of Compliance with Servicing Criteria Each Party participating Master Servicer Trust Administrator Custodian Servicer Item 1123 -Servicer Compliance Statement Master Servicer Servicer EXHIBIT Q ADDITIONAL DISCLOSURE NOTIFICATION **SEND VIA FAX TO [XXX-XXX-XXXX] AND VIA EMAIL TO [ ] AND VIA OVERNIGHT MAIL TO THE ADDRESS IMMEDIATELY BELOW** Wxxxx Fargo Bank, N.A., as Trust Administrator Oxx Xxxxxxxxx Xxxx Xxxxxxxx, Xxxxxxxx 00000 Attn: Corporate Trust Services- [DEAL NAME]—SEC REPORT PROCESSING Mortgage Asset Securitization Transactions, Inc. 1000 Xxxxxx xx xxx Xxxxxxxx Xxx Xxxx, Xxx Xxxx 00000 RE: **Additional Form [10-D][10-K][8-K] Disclosure** Required Ladies and Gentlemen: In accordance with Section [ ] of the Pooling and Servicing Agreement, dated as of November 1, 2006, among Mortgage Asset Securitization Transactions, Inc. as Depositor, JPMorgan Chase Bank, National Association as Servicer, Wxxxx Fargo Bank, N.A. as Master Servicer and Trust Administrator and U.S. Bank National Association as Trustee, the undersigned, as [ ], hereby notifies you that certain events have come to our attention that [will] [may] need to be disclosed on Form [10-D][10-K][8-K]. Description of Additional Form [10-D][10-K][8-K] Disclosure: List of any Attachments hereto to be included in the servicing function Item 1123 Additional Form [10-D][10-K][8-K] Disclosure: Any inquiries related to this notification should be directed to [ ], phone number: [ ]; email address: [ ]. [NAME OF PARTY], as [role] By: Name: Title: EXHIBIT R-1 FORM OF DELINQUENCY REPORT Exhibit : Standard File Layout - Delinquency Reporting *The column/header names in bold are the minimum fields Wxxxx Fargo must receive from every Servicer Compliance Statement Servicer EXHIBIT C SERVICING CRITERIA TO BE ADDRESSED IN ASSESSMENT OF COMPLIANCE Definitions Primary Servicer - transaction party having borrower contact Master Servicer - aggregator of pool assets Trust Administrator - waterfall calculator (Column/Header Name Description Decimal Format Comment SERVICER_LOAN_NBR A unique number assigned to a loan by the Servicer. This may be different than the TrusteeLOAN_NBR LOAN_NBR A unique identifier assigned to each loan by the originator. CLIENT_NBR Servicer Client Number SERV_INVESTOR_NBR Contains a unique number as assigned by an external servicer to identify a group of loans in their system. BORROWER_FIRST_NAME First Name of the Borrower. BORROWER_LAST_NAME Last name of the borrower. PROP_ADDRESS Street Name and Number of Property PROP_STATE The state where the property located. PROP_ZIP Zip code where the property is located. BORR_NEXT_PAY_DUE_DATE The date that the borrower's next payment is due to the servicer at the end of processing cycle, as reported by Servicer. MM/DD/YYYY LOAN_TYPE Loan Type (i.e. FHA, VA, Conv) BANKRUPTCY_FILED_DATE The date a particular bankruptcy claim was filed. MM/DD/YYYY BANKRUPTCY_CHAPTER_CODE The chapter under which the bankruptcy was filed. BANKRUPTCY_CASE_NBR The case number assigned by the court to the bankruptcy filing. POST_PETITION_DUE_DATE The payment due date once the bankruptcy has been approved by the courts MM/DD/YYYY BANKRUPTCY_DCHRG_DISM_DATE The Date The Loan Is Removed From Bankruptcy. Either by Dismissal, Discharged and/or a Motion For Relief Was Granted. MM/DD/YYYY LOSS_MIT_APPR_DATE The Date The Loss Mitigation Was Approved By The Servicer MM/DD/YYYY LOSS_MIT_TYPE The Type Of Loss Mitigation Approved For A Loan Such As; LOSS_MIT_EST_COMP_DATE The Date The Loss Mitigation /Plan Is Scheduled To End/Close MM/DD/YYYY LOSS_MIT_ACT_COMP_DATE The Date The Loss Mitigation Is Actually Completed MM/DD/YYYY FRCLSR_APPROVED_DATE The date DA Admin sends a letter to the servicer with instructions to begin foreclosure proceedings. MM/DD/YYYY ATTORNEY_REFERRAL_DATE Date File Was Referred To Attorney to Pursue Foreclosure MM/DD/YYYY FIRST_LEGAL_DATE Notice of 1st legal filed by an Attorney in a Foreclosure Action MM/DD/YYYY FRCLSR_SALE_EXPECTED_DATE The date by which a foreclosure sale is expected to occur. MM/DD/YYYY FRCLSR_SALE_DATE The actual date of the foreclosure sale. MM/DD/YYYY FRCLSR_SALE_AMT The amount a property sold for at the foreclosure sale. 2 No commas(,) or may dollar signs ($) EVICTION_START_DATE The date the servicer initiates eviction of the borrower. MM/DD/YYYY EVICTION_COMPLETED_DATE The date the court revokes legal possession of the property from the borrower. MM/DD/YYYY LIST_PRICE The price at which an REO property is marketed. 2 No commas(,) or dollar signs ($) LIST_DATE The date an REO property is listed at a particular price. MM/DD/YYYY OFFER_AMT The dollar value of an offer for an REO property. 2 No commas(,) or dollar signs ($) OFFER_DATE_TIME The date an offer is received by DA Admin or by the Servicer. MM/DD/YYYY REO_CLOSING_DATE The date the REO sale of the property is scheduled to close. MM/DD/YYYY REO_ACTUAL_CLOSING_DATE Actual Date Of REO Sale MM/DD/YYYY OCCUPANT_CODE Classification of how the property is occupied. PROP_CONDITION_CODE A code that indicates the condition of the property. PROP_INSPECTION_DATE The date a property inspection is performed. MM/DD/YYYY APPRAISAL_DATE The date the appraisal was done. MM/DD/YYYY CURR_PROP_VAL The current "as is" value of the property based on brokers price opinion or appraisal. 2 REPAIRED_PROP_VAL The amount the property would be worth if repairs are completed pursuant to a broker's price opinion or appraisal. 2 If applicable: DELINQ_STATUS_CODE FNMA Code Describing Status of Loan DELINQ_REASON_CODE The circumstances which caused a borrower to stop paying on a loan. Code indicates the Master Servicerreason why the loan is in default for this cycle. MI_CLAIM_FILED_DATE Date Mortgage Insurance Claim Was Filed With Mortgage Insurance Company. MM/DD/YYYY MI_CLAIM_AMT Amount of Mortgage Insurance Claim Filed No commas(,) Back-up Servicer - named or dollar signs ($) MI_CLAIM_PAID_DATE Date Mortgage Insurance Company Disbursed Claim Payment MM/DD/YYYY MI_CLAIM_AMT_PAID Amount Mortgage Insurance Company Paid On Claim 2 No commas(,) or dollar signs ($) POOL_CLAIM_FILED_DATE Date Claim Was Filed With Pool Insurance Company MM/DD/YYYY POOL_CLAIM_AMT Amount of Claim Filed With Pool Insurance Company 2 No commas(,) or dollar signs ($) POOL_CLAIM_PAID_DATE Date Claim Was Settled and The Check Was Issued By The Pool Insurer MM/DD/YYYY POOL_CLAIM_AMT_PAID Amount Paid On Claim By Pool Insurance Company 2 No commas(,) or dollar signs ($) FHA_PART_A_CLAIM_FILED_DATE Date FHA Part A Claim Was Filed With HUD MM/DD/YYYY FHA_PART_A_CLAIM_AMT Amount of FHA Part A Claim Filed 2 No commas(,) or dollar signs ($) FHA_PART_A_CLAIM_PAID_DATE Date HUD Disbursed Part A Claim Payment MM/DD/YYYY FHA_PART_A_CLAIM_PAID_AMT Amount HUD Paid on Part A Claim 2 No commas(,) or dollar signs ($) FHA_PART_B_CLAIM_FILED_DATE Date FHA Part B Claim Was Filed With HUD MM/DD/YYYY FHA_PART_B_CLAIM_AMT Amount of FHA Part B Claim Filed 2 No commas(,) or dollar signs ($) FHA_PART_B_CLAIM_PAID_DATE Date HUD Disbursed Part B Claim Payment MM/DD/YYYY FHA_PART_B_CLAIM_PAID_AMT Amount HUD Paid on Part B Claim 2 No commas(,) or dollar signs ($) VA_CLAIM_FILED_DATE Date VA Claim Was Filed With the Veterans Admin MM/DD/YYYY VA_CLAIM_PAID_DATE Date Veterans Admin. Disbursed VA Claim Payment MM/DD/YYYY VA_CLAIM_PAID_AMT Amount Veterans Admin. Paid on VA Claim 2 No commas(,) or dollar signs ($) MOTION_FOR_RELIEF_DATE The date the Motion for Relief was filed 10 MM/DD/YYYY FRCLSR_BID_AMT The foreclosure sale bid amount 11 No commas(,) or dollar signs ($) FRCLSR_SALE_TYPE The foreclosure sales results: REO, Third Party, Conveyance to HUD/VA REO_PROCEEDS The net proceeds from the sale of the REO property. No commas(,) or dollar signs ($) BPO_DATE The date the BPO was done. CURRENT_BPO_VAL The current "as is" value of the property based on a brokers price opinion. REPAIRED_BPO_PROP_VAL The amount the property would be worth if repairs are completed pursuant to a broker's price opinion. CURR_APP_VAL The current "as is" value of the property based on an appraisal. 11 No commas(,) or dollar signs ($) CURRENT_FICO The current FICO score HAZARD_CLAIM_FILED_DATE The date the Hazard Claim was filed with the Hazard Insurance Company. 10 MM/DD/YYYY HAZARD_CLAIM_AMT The amount of the Hazard Insurance Claim filed. 11 No commas(,) or dollar signs ($) HAZARD_CLAIM_PAID_DATE The date the Hazard Insurance Company disbursed the claim payment. 10 MM/DD/YYYY HAZARD_CLAIM_PAID_AMT The amount the Hazard Insurance Company paid on the claim. 11 No commas(,) or dollar signs ($) POOL_CLAIM_FILED_DATE The date the claim was filed with the Pool Insurance Company. 10 MM/DD/YYYY POOL_CLAIM_AMT The amount of the claim filed with the Pool Insurance Company. 11 No commas(,) or dollar signs ($) POOL_CLAIM_PAID_DATE The date the claim was settled and the check was issued by the Pool Insurer. 10 MM/DD/YYYY POOL_CLAIM_AMT_PAID The amount paid on the claim by the Pool Insurance Company. 11 No commas(,) or dollar signs ($) FORECLOSURE_FLAG Y or N Text BANKRUPTCY_FLAG Y or N Text NOD_DATE MM/DD/YYYY MI_CLAIM_DATE Date Mortgage Insurance is filed MM/DD/YYYY NOI_DATE MM/DD/YYYY ACTUAL_PAYMENT_PLAN_START_DATE MM/DD/YYYY ACTUAL_PAYMENT_ PLAN_END_DATE LIST_DATE MM/DD/YYYY VACANCY/OCCUPANCY_STATUS The Occupancy status of the defaulted loan's collateral Text ACTUAL_REO_START_DATE MM/DD/YYYY SALES_PRICE Number UPB_LIQUIDATION Outstanding Principal Balance of the loan upon Liquidation Number REALIZED_LOSS/GAIN As defined in the transaction (in Servicing Agreement Number LIQUIDATION_PROCEEDS Number PREPAYMENT_CHARGES_COLLECTED The amount of Prepayment Charges received Number PREPAYMENT_CALCULATION The formula behind the event a Back up Servicer becomes prepayment charge Text PAYOFF_DATE The date on which the Primary Servicerloan was paid off MM/DD/YYYY Exhibit 2: Standard File Codes - Delinquency Reporting The Loss Mit Type field should show the approved Loss Mitigation Code as follows: · ASUM-Approved Assumption · BAP-Borrower Assistance Program · CO- Charge Off · DIL- Deed-in-Lieu · FFA- Formal Forbearance Agreement · MOD- Loan Modification · PRE- Pre-Sale · SS- Short Sale · MISC-Anything else approved by the PMI or Pool Insurer NOTE: Wxxxx Fargo Bank will accept alternative Loss Mitigation Types to those above, follow Primary Servicer obligations) Custodian - safe keeper of pool assets Paying Agent - distributor of funds to ultimate investor (Trust Administrator performs this function) Trustee - fiduciary of the transaction Note: The definitions above describe the essential function that the party performs, rather than the party’s title. So, for example, in a particular transaction, the trustee may perform the “paying agent” and “trust administrator” functions, while in another transaction, the trust administrator may perform these functions. Where there are multiple checks for criteria the attesting party will identify in their management assertion provided that they are attesting only to consistent with industry standards. If Loss Mitigation Types other than those above are used, the portion Servicer must supply Wxxxx Fargo Bank with a description of each of the distribution chain they are responsible for in Loss Mitigation Types prior to sending the related transaction agreementsfile. KeyThe Occupant Code field should show the current status of the property code as follows: · Mortgagor · Tenant · Unknown · Vacant The Property Condition field should show the last reported condition of the property as follows:

Appears in 1 contract

Samples: Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2006-Wmc4)

Financial Statements and Exhibits. N/A 10-K Must be filed within 90 days of the fiscal year end for the registrant. 9B Other Information Disclose any information required to be reported on Form 8-K during the fourth quarter covered by the Form 10-K but not reported Depositor 15 Exhibits and Financial Statement Schedules Item 1112(b) - Significant Obligor Financial Information N/A Item 1114(b)(2) - Credit Enhancement Provider Financial Information Determining applicable disclosure threshold Obtaining required financial information or effecting incorporation by reference Depositor Depositor Item 1115(b) - Derivative Counterparty Financial Information Determining current maximum probable exposure Determining current significance percentage Obtaining required financial information or effecting incorporation by reference Trust Administrator Trust Administrator Depositor Item 1119 - Affiliations and relationships between the following entities, or their respective affiliates entered into outside the ordinary course of business or is on terms other than would be obtained in an arm’s length transaction with an unrelated third party, apart from the asset-backed securities transaction, that are material to Certificateholders: Seller Depositor Trustee Trust Administrator Issuing entity Servicer Originator Custodian Credit Enhancer/Support Provider, if any Significant Obligor, if any Seller Depositor Trustee Trust Administrator Issuing entity Servicer Originator Custodian Depositor Depositor Item 1122 - Assessment of Compliance with Servicing Criteria Each Party participating in the servicing function Item 1123 - Servicer Compliance Statement Servicer EXHIBIT C SERVICING CRITERIA TO BE ADDRESSED IN ASSESSMENT OF COMPLIANCE Definitions Primary Servicer - Servicer- transaction party having borrower contact Master Servicer - aggregator of pool assets Trust Administrator - waterfall calculator (may be the Trustee, or may be the Master Servicer) Back-up Servicer - named in the transaction (in the event a Back Back-up Servicer becomes the Primary Servicer, follow Primary Servicer obligations) Custodian - safe keeper of pool assets Paying Agent - distributor of funds to ultimate investor (Trust Administrator performs this function) Trustee - fiduciary of the transaction Note: The definitions above describe the essential function that the party performs, rather than the party’s title. So, for example, in a particular transaction, the trustee may perform the “paying agent” and “trust administrator” functions, while in another transaction, the trust administrator may perform these functions. Where there are multiple checks for criteria the attesting party will identify in their management assertion that they are attesting only to the portion of the distribution chain they are responsible for in the related transaction agreements. Key:: X - obligation Reg AB Reference Servicing Criteria Primary Servicer Master Servicer Trust Administrator General Servicing Considerations 1122(d)(1)(i) Policies and procedures are instituted to monitor any performance or other triggers and events of default in accordance with the transaction agreements. X X 1122(d)(1)(ii) If any material servicing activities are outsourced to third parties, policies and procedures are instituted to monitor the third party’s performance and compliance with such servicing activities. X X 1122(d)(1)(iii) Any requirements in the transaction agreements to maintain a back-up Servicer for the Pool Assets are maintained. 1122(d)(1)(iv) A fidelity bond and errors and omissions policy is in effect on the party participating in the servicing function throughout the reporting period in the amount of coverage required by and otherwise in accordance with the terms of the transaction agreements. X X Cash Collection and Administration 1122(d)(2)(i) Payments on pool assets are deposited into the appropriate custodial bank accounts and related bank clearing accounts no more than two business days following receipt, or such other number of days specified in the transaction agreements. X X X 1122(d)(2)(ii) Disbursements made via wire transfer on behalf of an obligor or to an investor are made only by authorized personnel. X X X 1122(d)(2)(iii) Advances of funds or guarantees regarding collections, cash flows or distributions, and any interest or other fees charged for such advances, are made, reviewed and approved as specified in the transaction agreements. X X 1122(d)(2)(iv) The related accounts for the transaction, such as cash reserve accounts or accounts established as a form of over collateralization, are separately maintained (e.g., with respect to commingling of cash) as set forth in the transaction agreements. X X 1122(d)(2)(v) Each custodial account is maintained at a federally insured depository institution as set forth in the transaction agreements. For purposes of this criterion, “federally insured depository institution” with respect to a foreign financial institution means a foreign financial institution that meets the requirements of Rule 13k-1(b)(1) of the Securities Exchange Act. * X X X 1122(d)(2)(vi) Unissued checks are safeguarded so as to prevent unauthorized access. X 1122(d)(2)(vii) Reconciliations are prepared on a monthly basis for all asset-backed securities related bank accounts, including custodial accounts and related bank clearing accounts. These reconciliations are (A) mathematically accurate; (B) prepared within 30 calendar days after the bank statement cutoff date, or such other number of days specified in the transaction agreements; (C) reviewed and approved by someone other than the person who prepared the reconciliation; and (D) contain explanations for reconciling items. These reconciling items are resolved within 90 calendar days of their original identification, or such other number of days specified in the transaction agreements. X X X Investor Remittances and Reporting 1122(d)(3)(i) Reports to investors, including those to be filed with the Commission, are maintained in accordance with the transaction agreements and applicable Commission requirements. Specifically, such reports (A) are prepared in accordance with timeframes and other terms set forth in the transaction agreements; (B) provide information calculated in accordance with the terms specified in the transaction agreements; (C) are filed with the Commission as required by its rules and regulations; and (D) agree with investors’ or the trustee’s records as to the total unpaid principal balance and number of Pool Assets serviced by the Servicer. X X X 1122(d)(3)(ii) Amounts due to investors are allocated and remitted in accordance with timeframes, distribution priority and other terms set forth in the transaction agreements. X X X 1122(d)(3)(iii) Disbursements made to an investor are posted within two business days to the Servicer’s investor records, or such other number of days specified in the transaction agreements. X X X 1122(d)(3)(iv) Amounts remitted to investors per the investor reports agree with cancelled checks, or other form of payment, or custodial bank statements. X X X Pool Asset Administration 1122(d)(4)(i) Collateral or security on pool assets is maintained as required by the transaction agreements or related pool asset documents. X X 1122(d)(4)(ii) Pool assets and related documents are safeguarded as required by the transaction agreements X X 1122(d)(4)(iii) Any additions, removals or substitutions to the asset pool are made, reviewed and approved in accordance with any conditions or requirements in the transaction agreements. X X 1122(d)(4)(iv) Payments on pool assets, including any payoffs, made in accordance with the related pool asset documents are posted to the Servicer’s obligor records maintained no more than two business days after receipt, or such other number of days specified in the transaction agreements, and allocated to principal, interest or other items (e.g., escrow) in accordance with the related pool asset documents. X 1122(d)(4)(v) The Servicer’s records regarding the pool assets agree with the Servicer’s records with respect to an obligor’s unpaid principal balance. X 1122(d)(4)(vi) Changes with respect to the terms or status of an obligor's pool assets (e.g., loan modifications or re-agings) are made, reviewed and approved by authorized personnel in accordance with the transaction agreements and related pool asset documents. X X 1122(d)(4)(vii) Loss mitigation or recovery actions (e.g., forbearance plans, modifications and deeds in lieu of foreclosure, foreclosures and repossessions, as applicable) are initiated, conducted and concluded in accordance with the timeframes or other requirements established by the transaction agreements. X X 1122(d)(4)(viii) Records documenting collection efforts are maintained during the period a pool asset is delinquent in accordance with the transaction agreements. Such records are maintained on at least a monthly basis, or such other period specified in the transaction agreements, and describe the entity’s activities in monitoring delinquent pool assets including, for example, phone calls, letters and payment rescheduling plans in cases where delinquency is deemed temporary (e.g., illness or unemployment). X 1122(d)(4)(ix) Adjustments to interest rates or rates of return for pool assets with variable rates are computed based on the related pool asset documents. X X 1122(d)(4)(x) Regarding any funds held in trust for an obligor (such as escrow accounts): (A) such funds are analyzed, in accordance with the obligor’s pool asset documents, on at least an annual basis, or such other period specified in the transaction agreements; (B) interest on such funds is paid, or credited, to obligors in accordance with applicable pool asset documents and state laws; and (C) such funds are returned to the obligor within 30 calendar days of full repayment of the related pool assets, or such other number of days specified in the transaction agreements. X 1122(d)(4)(xi) Payments made on behalf of an obligor (such as tax or insurance payments) are made on or before the related penalty or expiration dates, as indicated on the appropriate bills or notices for such payments, provided that such support has been received by the Servicer at least 30 calendar days prior to these dates, or such other number of days specified in the transaction agreements. X 1122(d)(4)(xii) Any late payment penalties in connection with any payment to be made on behalf of an obligor are paid from the Servicer’s funds and not charged to the obligor, unless the late payment was due to the obligor’s error or omission. X 1122(d)(4)(xiii) Disbursements made on behalf of an obligor are posted within two business days to the obligor’s records maintained by the Servicer, or such other number of days specified in the transaction agreements. X 1122(d)(4)(xiv) Delinquencies, charge-offs and uncollectible accounts are recognized and recorded in accordance with the transaction agreements. X X 1122(d)(4)(xv) Any external enhancement or other support, identified in Item 1114(a)(1) through (3) or Item 1115 of Regulation AB, is maintained as set forth in the transaction agreements. X * Subject to clarification from the SEC. EXHIBIT D FORM OF MORTGAGE LOAN PURCHASE AGREEMENT MORTGAGE LOAN PURCHASE AGREEMENT This is a Mortgage Loan Purchase Agreement (the “Agreement”), dated April 2, 2007, between Citigroup Mortgage Loan Trust Inc., a Delaware corporation (the “Purchaser”), and Citigroup Global Markets Realty Corp., a New York corporation (the “Seller”).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-Amc3)

Financial Statements and Exhibits. N/A 10-K Must be filed within 90 days of the fiscal year end for the registrant. 9B Other Information Disclose any information required to be reported on Form 8-K during the fourth quarter covered by the Form 10-K but not reported Depositor 15 Exhibits and Financial Statement Schedules Item 1112(b) - Significant Obligor Financial Information N/A X Item 1114(b)(2) - Credit Enhancement Provider Financial Information Determining applicable disclosure threshold Obtaining X X Obtain required financial information or effecting incorporation by reference Depositor Depositor X X Item 1115(b) - Derivative Counterparty Financial Information Determining current maximum probable exposure X Determining current significance percentage. [In this transaction there is no current significance percentage.] X Notify derivative counterparty of significance percentage Obtaining and request required financial information. [In this transaction there is no current significance percentage.] X Obtain required financial information or effecting incorporation by reference Trust Administrator Trust Administrator X Item 1117 - Legal proceedings pending against the following entities, or their respective property, that is material to Certificateholders, including proceedings known to be contemplated by governmental authorities: Sponsor (Seller) X Depositor X Trustee X Issuing entity X Master Servicer, affiliated Servicer, other Servicer servicing 20% or more of pool assets at time of report, other material servicers X X Originator of 20% or more of pool assets as of the Cut-off Date X Custodian X Item 1119 - Affiliations and relationships between the following entities, or their respective affiliates entered into outside the ordinary course of business or is on terms other than would be obtained in an arm’s length transaction with an unrelated third party, apart from the asset-backed securities transactionaffiliates, that are material to Certificateholders: Seller Sponsor (Seller) X Depositor X Trustee Trust Administrator Issuing entity X Master Servicer, affiliated Servicer, other Servicer servicing 20% or more of pool assets at time of report, other material servicers X X Originator X Custodian X Credit Enhancer/Support Provider, if any Provider X Significant Obligor, if any Seller Depositor Trustee Trust Administrator Issuing entity Servicer Originator Custodian Depositor Depositor Obligor X Item 1122 - Assessment of Compliance with Servicing Criteria Each Party participating in the servicing function X X X X Item 1123 - Servicer Compliance Statement Servicer X X EXHIBIT C SERVICING CRITERIA TO BE ADDRESSED IN ASSESSMENT OF COMPLIANCE Definitions Primary Servicer N ADDITIONAL DISCLOSURE NOTIFICATION Structured Asset Mortgage Investment II Inc. 000 Xxxxxxx Xxxxxx Xxx Xxxx, Xxx Xxxx 00000 Fax: (000) 000-0000 E-Mail: xxxxxxxxxxxxxxxxx@xxxx.xxx U.S. Bank National Association as Trustee Xxx Xxxxxxx Xxxxxx, 0xx Xxxxx Xxxxxx, Xxxxxxxxxxxxx 00000 Fax: (617) 603-663 E-mail: xxxxxxxxxxxxx@xxxx.xxx Attn: Corporate Trust Services - transaction party having borrower contact Prime Mortgage Trust 2007-1- SEC REPORT PROCESSING RE: **Additional Form [ ] Disclosure**Required Ladies and Gentlemen: In accordance with Section 3.18 of the Pooling and Servicing Agreement, dated as of March 1, 2007, among EMC Mortgage Corporation, as Seller and Master Servicer - aggregator and U.S. Bank National Association as Trustee. The undersigned hereby notifies you that certain events have come to our attention that [will][may] need to be disclosed on Form [ ]. Description of pool assets Trust Administrator - waterfall calculator Additional Form [ ] Disclosure: List of Any Attachments hereto to be included in the Additional Form [ ] Disclosure: Any inquiries related to this notification should be directed to [ ], phone number: [ ]; email address: [ ]. [NAME OF PARTY] as [role] By: Name: Title: EXHIBIT O FORM OF TRUSTEE LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that U.S. Bank National Association, a national banking association, having a place of business at Xxx Xxxxxxx Xxxxxx, 0xx Xxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000, not individually, but solely as Trustee (and in no personal or other representative capacity) under the Pooling and Servicing Agreement, dated as of March 1, 2007, by and among Structured Asset Mortgage Investments II Inc., the Trustee and EMC Mortgage Corporation (as amended, restated, supplemented or otherwise modified from time to time, the “Agreement”; capitalized terms not defined herein have the definitions assigned to such terms in the Agreement), relating to the Prime Mortgage Trust, Certificates, Series 2007-1, hereby appoints _______________, in its capacity as a Servicer under the Agreement, as the Trustee’s true and lawful Special Attorney-in-Fact, in the Trustee’s name, place and stead and for the Trustee’s benefit, but only in its capacity as Trustee aforesaid, to perform all acts and execute all documents as may be customary, necessary and appropriate to effectuate the Trusteefollowing enumerated transactions in respect of any mortgage, deed of trust, promissory note or real estate owned from time to time owned (beneficially or in title, whether the Trustee is named therein as mortgagee or beneficiary or has become mortgagee or beneficiary by virtue of endorsement, assignment or other conveyance) or held by or registered to the Trustee (directly or through custodians or nominees), or may be in respect of which the Master Servicer) Back-up Servicer - named in Trustee has a security interest or other lien, all as provided under the transaction (in the event a Back up Servicer becomes the Primary Servicer, follow Primary Servicer obligations) Custodian - safe keeper of pool assets Paying Agent - distributor of funds to ultimate investor (Trust Administrator performs this function) Trustee - fiduciary of the transaction Note: The definitions above describe the essential function that the party performs, rather than the party’s title. So, for example, in a particular transaction, the trustee may perform the “paying agent” applicable Agreement and “trust administrator” functions, while in another transaction, the trust administrator may perform these functions. Where there are multiple checks for criteria the attesting party will identify in their management assertion that they are attesting only to the portion extent the respective Trustee has an interest therein under the Agreement, and in respect of which the Servicer is acting as servicer pursuant to the Agreement (the “Mortgage Documents”). This appointment shall apply to the following enumerated transactions under the Agreement only: The modification or re-recording of any Mortgage Document for the purpose of correcting it to conform to the original intent of the distribution chain they are responsible for in parties thereto or to correct title errors discovered after title insurance was issued and where such modification or re-recording does not adversely affect the related transaction agreements. Key:lien under the Mortgage Document as insured.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Prime Mortgage Trust 2007-1)

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