Common use of Grantor Trust Reporting Clause in Contracts

Grantor Trust Reporting. The parties intend that the portions of the Trust Fund consisting of (i) the Default Interest, proceeds therefrom, the AIMCO Multifamily Pool Conditional Debt, proceeds therefrom, and the Class Q Distribution Account, (ii) Excess Interest, proceeds therefrom and the Excess Interest Distribution Account, and (iii) the Reinvestment Enhancement Instrument and Reinvestment Reserve Account shall constitute, and that the affairs of the Trust Fund (exclusive of the Trust REMICs) shall be conducted so as to qualify such portion as, a "grantor trust" under the Code, and the provisions hereof shall be interpreted consistently with this intention. In furtherance of such intention, the Trustee shall furnish or cause to be furnished to Certificateholders and shall file or cause to be filed with the Internal Revenue Service together with Form 1041 or such other form as may be applicable, (i) to the Holders of the Class Q Certificates, income with respect to their allocable share of Default Interest and the amount of any interest paid on unreimbursed Advances to the Master Servicer, the Trustee and the Fiscal Agent, as applicable, therefrom pursuant to Section 3.06(iii) the amount of all collections on the AIMCO Multifamily Pool Conditional Debt, at the time or times and in the manner required by the Code, (ii) to the Holders of the Classes of Regular Certificates entitled thereto as set forth in Section 2.06(b), income with respect to their allocable share of Excess Interest at the time or times and in the manner required by the Code and (iii) Xxxxxxx Group or its designee, income or expense with respect to the Reinvestment Enhancement Instrument and the Reinvestment Reserve Account.

Grantor Trust Reporting. The parties intend that the portions portion of the Trust Fund consisting constituting the Grantor Trust, which consists of (i) the Default InterestExcess Interest allocable to the Mortgage Loans, proceeds therefrom, thereof held in the AIMCO Multifamily Pool Conditional Debt, proceeds therefrom, and Certificate Account pertaining to the Class Q Distribution Account, (ii) Excess Interest, proceeds therefrom Interest allocable to the Mortgage Loans and the Excess Interest Distribution Account, Account and (iiiii) the Reinvestment Enhancement Instrument Class A-2FL Regular Interest, the Swap Contract, the Floating Rate Account and Reinvestment Reserve Account proceeds thereof, shall constitute, and that the affairs of the Trust Fund (exclusive of the Trust REMICsLower-Tier REMIC and the Upper-Tier REMIC) shall be conducted so as to qualify such portion as, a "grantor trust" under subpart E, Part I of subchapter J of the Code, and the provisions hereof shall be interpreted consistently with this intention. In furtherance of such intention, the Trustee Paying Agent shall furnish (A) file, or cause to be furnished to Certificateholders and shall file or cause to be filed with the filed, Internal Revenue Service together with Form 1041 or such other form as may be applicableapplicable with the Internal Revenue Service, (iB) furnish, or cause to be furnished, to the Holders Class S Certificateholders, their allocable share of the Class Q Certificates, income with respect to Excess Interest accrued or received, as applicable, and (C) furnish, or cause to be furnished, to the Class A-2FL Certificateholders, their allocable share of Default income and expense with respect to the Class A-2FL Regular Interest and the amount of any interest paid on unreimbursed Advances to the Master ServicerSwap Contract, the Trustee and the Fiscal Agent, as applicable, therefrom pursuant to Section 3.06(iii) the amount of all collections on the AIMCO Multifamily Pool Conditional Debt, at each in the time or times and in the manner required by the Code, (ii) to the Holders . [End of the Classes of Regular Certificates entitled thereto as set forth in Section 2.06(b), income with respect to their allocable share of Excess Interest at the time or times and in the manner required by the Code and (iii) Xxxxxxx Group or its designee, income or expense with respect to the Reinvestment Enhancement Instrument and the Reinvestment Reserve Account.Article IV]

Grantor Trust Reporting. The parties intend that the portions portion of the Trust Fund consisting constituting the Grantor Trust, which consists of (i) the Default InterestExcess Interest allocable to the Mortgage Loans, proceeds therefrom, thereof held in the AIMCO Multifamily Pool Conditional Debt, proceeds therefrom, and Certificate Account pertaining to the Class Q Distribution Account, (ii) Excess Interest, proceeds therefrom Interest allocable to the Mortgage Loans and the Excess Interest Distribution Account, Account and (iiiii) the Reinvestment Enhancement Instrument Class A-2SFL Regular Interest, the Class A-JFL Regular Interest, the Swap Contracts, the Floating Rate Accounts and Reinvestment Reserve Account proceeds thereof, shall constitute, and that the affairs of the Trust Fund (exclusive of the Trust REMICsLower-Tier REMIC, the Middle-Tier REMIC and the Upper-Tier REMIC) shall be conducted so as to qualify such portion as, a "grantor trust" under subpart E, Part I of subchapter J of the Code, and the provisions hereof shall be interpreted consistently with this intention. In furtherance of such intention, the Trustee shall furnish have no power to vary the investment of the Class A-2SFL and Class A-JFL Certificateholders in their related assets so as to improve their rate of return. In addition, the Trustee shall (A) as soon as possible after the Swap Contracts are entered into (but no later than the first payment date under the Swap Contracts), obtain a taxpayer identification number for the Grantor Trust and deliver or cause to be furnished delivered the federal taxpayer identification number of the Grantor Trust on an IRS Form W-9 to Certificateholders and shall file each Swap Counterparty and, if requested by the Swap Counterparty (unless not permitted under federal income tax law), an applicable IRS Form W-8IMY, (B) file, or cause to be filed with the filed, Internal Revenue Service together with Form 1041 or such other form as may be applicableapplicable with the Internal Revenue Service with copies of the statements in the following clause, (iC) furnish, or cause to be furnished, to the Holders of Class A-2SFL Certificateholders and the Class Q CertificatesA-JFL Certificateholders, income with respect to their allocable share of Default income and expense with respect to the Class A-2SFL Regular Interest and the amount of any interest paid on unreimbursed Advances to the Master Servicer, the Trustee Class A-JFL Regular Interest and the Fiscal AgentSwap Contracts, as applicable, therefrom pursuant to Section 3.06(iii) the amount of all collections on the AIMCO Multifamily Pool Conditional Debt, at the time or times and each in the manner required by the Code, (ii) to the Holders of the Classes of Regular Certificates entitled thereto as set forth in Section 2.06(b), income with respect to their allocable share of Excess Interest at the time or times and in the manner required by the Code and (iiiD) Xxxxxxx Group furnish, or its designeecause to be furnished, to the Class S Certificateholders, their allocable share of income or expense with respect to the Reinvestment Enhancement Instrument and the Reinvestment Reserve Account.Excess Interest accrued or received, as applicable. [End of Article IV]

Grantor Trust Reporting. The parties intend that the portions of the Trust Fund consisting of (i) the Default Interest, proceeds therefrom, the AIMCO Multifamily Pool Conditional Debt, proceeds therefrom, therefrom and the Class Q Distribution Account, (ii) Excess Interest, proceeds therefrom and the Excess Interest Distribution Account, Account and (iii) the Reinvestment Enhancement Instrument Marriott Desert Springs Parent Loan, proceeds therefrom, the Class M Collection Account and Reinvestment Reserve the Class M Distribution Account shall constitute, and that the affairs of the Trust Fund (exclusive of the Trust REMICs) shall be conducted so as to qualify such portion as, a "grantor trust" under the Code, and the provisions hereof shall be interpreted consistently with this intention. In furtherance of such intention, the Trustee shall furnish or cause to be furnished to Certificateholders and shall file or cause to be filed with the Internal Revenue Service together with Form 1041 or such other form as may be applicable, (i) to the Holders of the Class Q Certificates, income with respect to their allocable share of Default Interest and the amount of any interest paid on unreimbursed Advances to the Master Servicer, the Trustee and the Fiscal Agent, as applicable, therefrom pursuant to Section 3.06(iii) the amount of all collections on the AIMCO Multifamily Pool Conditional Debt, at the time or times and in the manner required by the Code, (ii) to the Holders of the Classes of Regular Certificates entitled thereto as set forth in Section 2.06(b), income with respect to their allocable share of Excess Interest at the time or times and in the manner required by the Code Code, and (iii) Xxxxxxx Group or its designeeto the Holders of the Class M and Class MX Certificates, income with respect to their allocable shares of the interest portion of any payments received on or expense with respect to the Reinvestment Enhancement Instrument Marriott Desert Springs Parent Loan and their allocable shares of any other income with respect to the Reinvestment Reserve AccountMarriott Desert Springs Parent Loan, and their allocable shares of the Servicing Fee, the Trustee Fee or other expenses incurred by the Trust Fund with respect to the Marriott Desert Springs Parent Loan, such allocable shares to be based on the ratio of their respective Pass-Through Rates to the MDSPL Interest Rate, at the time or times and in the manner required by the Code.

Grantor Trust Reporting. The parties intend that the portions portion of the Trust Fund consisting constituting the Grantor Trust, which consists of (i) the Default Class A-2SFL Regular Interest, proceeds therefromthe Class A-3SFL Regular Interest, the AIMCO Multifamily Pool Conditional DebtSwap Contracts, the Floating Rate Accounts and proceeds therefromthereof, and the Class Q Distribution Account, (ii) Excess Interest, proceeds therefrom and the Excess Interest Distribution Account, and (iii) the Reinvestment Enhancement Instrument and Reinvestment Reserve Account shall constitute, and that the affairs of the Trust Fund (exclusive of the Trust REMICsLower-Tier REMIC, the Middle-Tier REMIC and the Upper-Tier REMIC) shall be conducted so as to qualify such portion as, a "grantor trust" under subpart E, Part I of subchapter J of the Code, and the provisions hereof shall be interpreted consistently with this intention. In furtherance of such intention, the Trustee shall furnish have no power to vary the investment of the Class A-2SFL and Class A-3SFL Certificateholders in their related assets so as to improve their rate of return. In addition, the Paying Agent shall (A) as soon as possible after the Swap Contracts are entered into (but no later than the first payment date under the Swap Contracts), obtain a taxpayer identification number for the Grantor Trust and deliver or cause to be furnished delivered the federal taxpayer identification number of the Grantor Trust on an IRS Form W-9 to Certificateholders and shall file each Swap Counterparty and, if requested by the Swap Counterparty (unless not permitted under federal income tax law), an applicable IRS Form W-8IMY, (B) file, or cause to be filed with the filed, Internal Revenue Service together with Form 1041 or such other form as may be applicableapplicable with the Internal Revenue Service with copies of the statements in the following clause, and (iC) furnish, or cause to be furnished, to the Holders of Class A-2SFL Certificateholders and the Class Q CertificatesA-3SFL Certificateholders, income with respect to their allocable share of Default income and expense with respect to the Class A-2SFL Regular Interest and the amount of any interest paid on unreimbursed Advances to the Master Servicer, the Trustee Class A-3SFL Regular Interest and the Fiscal AgentSwap Contracts, as applicable, therefrom pursuant to Section 3.06(iii) the amount of all collections on the AIMCO Multifamily Pool Conditional Debt, at each in the time or times and in the manner required by the Code, (ii) to the Holders . [End of the Classes of Regular Certificates entitled thereto as set forth in Section 2.06(b), income with respect to their allocable share of Excess Interest at the time or times and in the manner required by the Code and (iii) Xxxxxxx Group or its designee, income or expense with respect to the Reinvestment Enhancement Instrument and the Reinvestment Reserve Account.Article IV]

Grantor Trust Reporting. The parties intend that the portions portion of the Trust Fund consisting constituting the Grantor Trust, which consists of (i) the Default InterestExcess Interest allocable to the Mortgage Loans, proceeds therefrom, thereof held in the AIMCO Multifamily Pool Conditional Debt, proceeds therefrom, and Certificate Accounts pertaining to the Class Q Distribution Account, (ii) Excess Interest, proceeds therefrom Interest allocable to the Mortgage Loans and the Excess Interest Distribution Account, Account and (iiiii) the Reinvestment Enhancement Instrument Class A-2FL Regular Interest, the Swap Contract, the Floating Rate Account and Reinvestment Reserve Account proceeds thereof, shall constitute, and that the affairs of the Trust Fund (exclusive of the Trust REMICsLower-Tier REMIC and the Upper-Tier REMIC) shall be conducted so as to qualify such portion as, a "grantor trust" under subpart E, Part I of subchapter J of the Code, and the provisions hereof shall be interpreted consistently with this intention. In furtherance of such intention, the Trustee shall furnish (A) file, or cause to be furnished to Certificateholders and shall file or cause to be filed with the filed, Internal Revenue Service together with Form 1041 or such other form as may be applicableapplicable with the Internal Revenue Service, (iB) furnish, or cause to be furnished, to the Holders Class S Certificateholders, their allocable share of the Class Q Certificates, income with respect to Excess Interest accrued or received, as applicable, and (C) furnish, or cause to be furnished, to the Class A-2FL Certificateholders, their allocable share of Default income and expense with respect to the Class A-2FL Regular Interest and the amount of any interest paid on unreimbursed Advances to the Master ServicerSwap Contract, the Trustee and the Fiscal Agent, as applicable, therefrom pursuant to Section 3.06(iii) the amount of all collections on the AIMCO Multifamily Pool Conditional Debt, at each in the time or times and in the manner required by the Code, (ii) to the Holders . [End of the Classes of Regular Certificates entitled thereto as set forth in Section 2.06(b), income with respect to their allocable share of Excess Interest at the time or times and in the manner required by the Code and (iii) Xxxxxxx Group or its designee, income or expense with respect to the Reinvestment Enhancement Instrument and the Reinvestment Reserve Account.Article IV]

Grantor Trust Reporting. The parties intend that the portions of the Trust Fund consisting of (i) the Default Interest, proceeds therefrom, the AIMCO Multifamily Pool Conditional Debt, proceeds therefrom, Interest and the Class Q Default Interest Distribution Account, (ii) the Excess Interest, proceeds therefrom Interest and the Excess Interest Distribution Account, and (iii) Repurchase Return of Premium Amounts, (iv) the Reinvestment Enhancement Instrument Post-Lock Out Return of Premium Amounts, (v) the Repurchase Price Return of Premium Distribution Account, and Reinvestment Reserve (vi) the Post-Lock Out Return of Premium Distribution Account shall constitute, and that the affairs of the Trust Fund (exclusive of the Trust REMICs) shall be conducted so as to qualify such portion as, as a "grantor trust" under the Code, and the provisions hereof shall be interpreted consistently with this intention. In furtherance of such intention, the Trustee shall furnish or cause to be furnished to Certificateholders and shall file or cause to be filed with the Internal Revenue Service together with Form 1041 or such other form as may be applicable, information (i) as to the Holders of the Class Q CertificatesV-1 Certificateholders, income with respect to their allocable applicable share of Default Interest and the amount of any interest paid on unreimbursed Advances payable to the Master Servicer, the Co-Servicer, the Trustee and the Fiscal Agent, as applicable, therefrom pursuant to Section 3.06(iii), (ii) as to the amount Class V-2 Certificateholders, the Excess Interest accrued thereon, (iii) as to the Class PS-1 Certificateholders, the Repurchase Return of all collections on Premium Amounts distributable thereto, and (iv) as to the AIMCO Multifamily Pool Conditional DebtDepositor, the Post-Lock Out Return of Premium Amounts distributable thereto, and shall file or cause to be filed with the IRS such information, together with Form 1041 or such other form as may be applicable, at the time or times and in the manner required by the Code, (ii) to the Holders of the Classes of Regular Certificates entitled thereto as set forth in Section 2.06(b), income with respect to their allocable share of Excess Interest at the time or times and in the manner required by the Code and (iii) Xxxxxxx Group or its designee, income or expense with respect to the Reinvestment Enhancement Instrument and the Reinvestment Reserve Account.

Grantor Trust Reporting. The parties intend that the portions portion of the Trust Fund consisting constituting the Grantor Trust, which consists of (i) the Default InterestExcess Interest allocable to the Mortgage Loans, proceeds therefrom, thereof held in the AIMCO Multifamily Pool Conditional Debt, proceeds therefrom, and Certificate Account pertaining to the Class Q Distribution Account, (ii) Excess Interest, proceeds therefrom Interest allocable to the Mortgage Loans and the Excess Interest Distribution Account, (ii) the Loan REMIC Residual Interests and the Class LR Distribution Account and (iii) the Reinvestment Enhancement Instrument Prepayment Penalties and Reinvestment Reserve Account the Prepayment Penalty Distribution Accounts shall constitute, and that the affairs of the Trust Fund (exclusive of the Trust REMICsLower-Tier REMIC and the Upper-Tier REMIC) shall be conducted so as to qualify such portion as, a "grantor trust" under subpart E, Part I of subchapter J of the Code, and the provisions hereof shall be interpreted consistently with this intention. In furtherance of such intention, the Trustee shall furnish have no power to vary the investment of the Class S, Class R, Class X-PP1 or Class X-PP2 Certificates. In addition, the Trustee shall (A) obtain a taxpayer identification number of the Grantor Trust; provided that Trustee shall not be responsible for failure to obtain a taxpayer identification number for the Grantor Trust if the Trustee timely takes all requisite action and such failure relates solely to a delay by the IRS in issuing such taxpayer identification number, (B) file, or cause to be furnished to Certificateholders and shall file or cause to be filed with the filed, Internal Revenue Service together with Form 1041 (or, in the event the Grantor Trust is a WHFIT, information will be provided on Form 1099) or such other form as may be applicableapplicable with the Internal Revenue Service with copies of the statements in the following clause and (C) furnish, or cause to be furnished, (i) to the Holders Class S Certificateholders, their allocable share of the Class Q Certificates, income with respect to their allocable share of Default Excess Interest and the amount of any interest paid on unreimbursed Advances to the Master Servicer, the Trustee and the Fiscal Agentaccrued or received, as applicable, therefrom pursuant to Section 3.06(iii) the amount of all collections on the AIMCO Multifamily Pool Conditional Debt, at the time or times and in the manner required by the Code, (ii) to the Holders Class LR Certificateholders, their allocable share of the Classes of Regular Certificates entitled thereto as set forth in Section 2.06(b), income with respect to the Loan REMIC Residual Interests, (iii) to the Class X-PP1 Certificateholders, their allocable share of Excess Interest at the time or times and in the manner required by the Code and (iii) Xxxxxxx Group or its designee, income or expense with respect to the Reinvestment Enhancement Instrument PP1 Prepayment Penalties received and (iv) to the Reinvestment Reserve Account.Class X-PP2 Certificateholders, their allocable share of income with respect to the PP2 Prepayment Penalties received. The Grantor Trust may be a WHFIT that is a WHMT. The Trustee will report as required under the WHFIT Regulations to the extent such information as is reasonably necessary to enable the Trustee to do so, and is not in its possession, is provided to the Trustee on a timely basis. Notwithstanding the foregoing, unless otherwise notified by the beneficial owner of a Class S, Class LR, Class X-PP1 or Class X-PP2 Certificate that such Certificate is registered in the name of a nominee or other middleman on behalf of such beneficial owner, the Trustee shall not treat the Grantor Trust as a WHFIT. The Trustee shall have no obligation to monitor whether the Grantor Trust has become a WHFIT following the Closing Date, and shall be entitled to rely on the notification or absence thereof described in the preceding sentence and shall be entitled to indemnification in accordance with the terms of this Agreement in the event that the Internal Revenue Service makes a determination to the contrary. The Trustee, in its discretion, shall report required WHFIT information using either the cash or accrual method, except to the extent the WHFIT Regulations specifically require a different method. The Trustee shall be under no obligation to determine whether any Certificateholder uses the cash or accrual method. The Trustee shall make available (via its website) WHFIT information to Certificateholders annually. In addition, the Trustee shall not be responsible or liable for providing subsequently amended, revised or updated information to any Certificateholder, unless requested by the Certificateholder. The Trustee shall not be liable for failure to meet the reporting requirements of the WHFIT Regulations nor for any penalties thereunder if such failure is due to: (i) the lack of reasonably necessary information being provided to the Trustee that is not in its possession, (ii) incomplete, inaccurate or untimely information being provided to the Trustee or (iii) the inability of the Trustee, after good faith efforts, to alter its existing information reporting systems to capture information necessary to fully comply with the WHFIT Regulations for the 2007 calendar year. Each owner of a class of securities representing, in whole or in part, beneficial ownership of an interest in a WHFIT, by acceptance of its interest in such class of securities, will be deemed to have agreed to provide the Trustee with information regarding any sale of such securities, including the price, amount of proceeds and date of sale. Absent receipt of information regarding any sale of Certificates, including the price, amount of proceeds and date of sale from the beneficial owner thereof or the Depositor, the Trustee shall assume there is no secondary market trading of WHFIT interests. To the extent required by the WHFIT Regulations, the Trustee shall use reasonable efforts to publish on an appropriate website the CUSIPs for the Certificates that represent ownership of a WHFIT. The CUSIPs so published will represent the Rule 144A CUSIPs. The Trustee shall make reasonable good faith efforts to keep the website accurate and updated to the extent CUSIPs have been received. Absent the receipt of a CUSIP, the Trustee will use a reasonable identifier number in lieu of a CUSIP. The Trustee shall not be liable for investor reporting delays that result from the receipt of inaccurate or untimely CUSIP information. The Trustee shall be entitled to additional reasonable compensation for changes in reporting required in respect of the WHFIT Regulations that arise as a result of a change in the WHFIT Regulations or a change in interpretation of the WHFIT Regulations by the IRS or the Depositor or its counsel, if such change requires, in the Trustee's sole discretion, a material increase in the Trustee's reporting obligations in respect of the related Grantor Trust. [End of Article IV]

Grantor Trust Reporting. The parties intend that the portions portion of the Trust Fund consisting constituting the Grantor Trust, which consists of (i) the Default InterestExcess Interest allocable to the Mortgage Loans, proceeds therefrom, thereof held in the AIMCO Multifamily Pool Conditional Debt, proceeds therefrom, and Certificate Accounts pertaining to the Class Q Distribution Account, (ii) Excess Interest, proceeds therefrom Interest allocable to the Mortgage Loans and the Excess Interest Distribution Account, Account and (iiiii) the Reinvestment Enhancement Instrument Class A-2FL Regular Interest, the Swap Contract, the Floating Rate Account and Reinvestment Reserve Account proceeds thereof, shall constitute, and that the affairs of the Trust Fund (exclusive of the Trust REMICsLower-Tier REMIC and the Upper-Tier REMIC) shall be conducted so as to qualify such portion as, a "grantor trust" under subpart E, Part I of subchapter J of the Code, and the provisions hereof shall be interpreted consistently with this intention. In furtherance of such intention, the Trustee Paying Agent shall furnish (A) file, or cause to be furnished to Certificateholders and shall file or cause to be filed with the filed, Internal Revenue Service together with Form 1041 or such other form as may be applicableapplicable with the Internal Revenue Service, (iB) furnish, or cause to be furnished, to the Holders Class S Certificateholders, their allocable share of the Class Q Certificates, income with respect to Excess Interest accrued or received, as applicable, and (C) furnish, or cause to be furnished, to the Class A-2FL Certificateholders, their allocable share of Default income and expense with respect to the Class A-2FL Regular Interest and the amount of any interest paid on unreimbursed Advances to the Master ServicerSwap Contract, the Trustee and the Fiscal Agent, as applicable, therefrom pursuant to Section 3.06(iii) the amount of all collections on the AIMCO Multifamily Pool Conditional Debt, at each in the time or times and in the manner required by the Code, (ii) to the Holders . [End of the Classes of Regular Certificates entitled thereto as set forth in Section 2.06(b), income with respect to their allocable share of Excess Interest at the time or times and in the manner required by the Code and (iii) Xxxxxxx Group or its designee, income or expense with respect to the Reinvestment Enhancement Instrument and the Reinvestment Reserve Account.Article IV]

Grantor Trust Reporting. The parties intend that the portions of the Trust Fund consisting of (i) the AAPT Strip, the Default Interest, proceeds therefrom, the AIMCO Multifamily Pool Conditional Debt, proceeds therefrom, therefrom and the Class Q Distribution Account, (ii) Excess Interest, proceeds therefrom and the Excess Interest Distribution Account, Account and (iii) the Reinvestment Enhancement Instrument Montehiedra Partner Loans, proceeds therefrom, and Reinvestment Reserve the Class M Distribution Account shall constitute, and that the affairs of the Trust Fund (exclusive of the Trust REMICs) shall be conducted so as to qualify such portion as, a "grantor trust" under the Code, and the provisions hereof shall be interpreted consistently with this intention. In furtherance of such intention, the Trustee shall furnish or cause to be furnished to Certificateholders and shall file or cause to be filed with the Internal Revenue Service together with Form 1041 or such other form as may be applicable, (i) to the Holders of the Class Q Certificates, income with respect to their allocable share of Default Interest and the amount of any interest paid on unreimbursed Advances to the Master Servicer, the Trustee and the Fiscal Agent, as applicable, therefrom pursuant to Section 3.06(iii) and the amount of all collections on the AIMCO Multifamily Pool Conditional Debt, AAPT Strip at the time or times and in the manner required by the Code, (ii) to the Holders of the Classes of Regular Certificates entitled thereto as set forth in Section 2.06(b), income with respect to their allocable share of Excess Interest at the time or times and in the manner required by the Code Code, and (iii) Xxxxxxx Group or its designeeto the Holders of the Class M Certificates, income with respect to their allocable share of the interest portion of any payments received on or expense with respect to the Reinvestment Enhancement Instrument Montehiedra Partner Loans and any other income with respect to the Montehiedra Partner Loans, and the Reinvestment Reserve AccountServicing Fee or other expenses incurred by the Trust Fund with respect to the Class M Certificates, at the time or times and in the manner required by the Code.

Grantor Trust Reporting. The parties intend that the portions portion of the Trust Fund consisting constituting the Grantor Trust, which consists of (i) the Default InterestExcess Interest allocable to the Mortgage Loans, proceeds therefrom, thereof held in the AIMCO Multifamily Pool Conditional Debt, proceeds therefrom, and Certificate Account pertaining to the Class Q Distribution Account, (ii) Excess Interest, proceeds therefrom Interest allocable to the Mortgage Loans and the Excess Interest Distribution Account, Account and (iiiii) the Reinvestment Enhancement Instrument Class A-3FL Regular Interest, the Swap Contract, the Floating Rate Account and Reinvestment Reserve Account proceeds thereof, shall constitute, and that the affairs of the Trust Fund (exclusive of the Trust REMICsLower-Tier REMIC and the Upper-Tier REMIC) shall be conducted so as to qualify such portion as, a "grantor trust" under subpart E, Part I of subchapter J of the Code, and the provisions hereof shall be interpreted consistently with this intention. In furtherance of such intention, the Trustee Paying Agent shall furnish (A) file, or cause to be furnished to Certificateholders and shall file or cause to be filed with the filed, Internal Revenue Service together with Form 1041 or such other form as may be applicableapplicable with the Internal Revenue Service, (iB) furnish, or cause to be furnished, to the Holders Class S Certificateholders, their allocable share of the Class Q Certificates, income with respect to Excess Interest accrued or received, as applicable, and (C) furnish, or cause to be furnished, to the Class A-3FL Certificateholders, their allocable share of Default income and expense with respect to the Class A-3FL Regular Interest and the amount of any interest paid on unreimbursed Advances to the Master ServicerSwap Contract, the Trustee and the Fiscal Agent, as applicable, therefrom pursuant to Section 3.06(iii) the amount of all collections on the AIMCO Multifamily Pool Conditional Debt, at each in the time or times and in the manner required by the Code, (ii) to the Holders . [End of the Classes of Regular Certificates entitled thereto as set forth in Section 2.06(b), income with respect to their allocable share of Excess Interest at the time or times and in the manner required by the Code and (iii) Xxxxxxx Group or its designee, income or expense with respect to the Reinvestment Enhancement Instrument and the Reinvestment Reserve Account.Article IV]

Grantor Trust Reporting. The parties intend that the portions of the Trust Fund consisting of (i) the Default InterestInterest allocable to the Mortgage Loans, proceeds therefrom, thereof held in the AIMCO Multifamily Pool Conditional Debt, proceeds therefrom, Collection Account pertaining to the Default Interest allocable to the Mortgage Loans and the Class Q Default Interest Distribution Account, (ii) the Excess InterestInterest allocable to the Mortgage Loans, proceeds therefrom thereof held in the Collection Account pertaining to the Excess Interest allocable to the Mortgage Loans and the Excess Interest Distribution Account, and (iii) the Reinvestment Enhancement Instrument Loan REMIC Residual Interest and Reinvestment Reserve proceeds thereof held in the Collection Account and the Lower-Tier Distribution Account pertaining to the Loan REMIC Residual Interests, and (iv) the Wilton Prepayment Premium Obligation and proceeds thereof held in the Collection Account, Lower-Tier Distribution Account or Upper-Tier Distribution Account pertaining thereto shall constitute, and that the affairs of the Trust Fund (exclusive of the Trust REMICs) shall be conducted so as to qualify such portion as, as a "grantor trust" under the Code, and the provisions hereof shall be interpreted consistently with this intention. In furtherance of such intention, the Trustee Bond Administrator shall furnish or cause to be furnished to Class Q-1 and Class Q-2 Certificateholders and to the Holders of Certificates who receive the Prepayment Premium with respect to the Wilton Prepayment Premium Obligation and shall file or cause to be filed with the Internal Revenue Service together with Form 1041 or such other form as may be applicable, (ix) to the Holders of the Class Q Certificates, income with respect to their allocable share amount of Default Interest allocable to the Mortgage Loans received or accrued and the amount of any interest paid on unreimbursed Advances paid to the Master Servicer, the Trustee and Special Servicer and/or the Fiscal AgentTrustee, as applicable, therefrom from Default Interest pursuant to Section 3.06(iii3.06(d)(iii) in the case of the Class Q-1 Certificates, (y) the amount of all collections on Excess Interest allocable to the AIMCO Multifamily Pool Conditional DebtMortgage Loans received or accrued in the case of the Class Q-2 Certificates, and (z) to the Classes of Certificates receiving a Prepayment Premium with respect to the Wilton Prepayment Premium Obligation, the amount thereof, at the time or times and in the manner required by the Code; provided, (ii) that the Bond Administrator shall report to the Holders of the Classes of Regular Certificates entitled thereto as set forth in Section 2.06(b), income with respect to their allocable share of Excess Interest at the time or times and in the manner required by the Code and (iii) Xxxxxxx Group or its designee, income or expense Class LR Certificateholders with respect to the Reinvestment Enhancement Instrument Loan REMIC Residual Interests in accordance with Section 4.02 and Section 4.04(b). The Trustee shall sign all Tax Returns and other reports required by this Section 4.07 promptly after receipt thereof from the Reinvestment Reserve AccountBond Administrator.

Grantor Trust Reporting. The parties intend that the portions portion of the Trust Fund consisting constituting the Grantor Trust, which consists of (i) the Default InterestExcess Interest allocable to the Mortgage Loans, proceeds therefrom, thereof held in the AIMCO Multifamily Pool Conditional Debt, proceeds therefrom, and Certificate Account pertaining to the Class Q Distribution Account, (ii) Excess Interest, proceeds therefrom Interest allocable to the Mortgage Loans and the Excess Interest Distribution Account, Account and (iiiii) the Reinvestment Enhancement Instrument Class A-JFL Regular Interest, the Swap Contract, the Floating Rate Account and Reinvestment Reserve Account proceeds thereof, shall constitute, and that the affairs of the Trust Fund (exclusive of the Trust REMICsLower-Tier REMIC and the Upper-Tier REMIC) shall be conducted so as to qualify such portion as, a "grantor trust" under subpart E, Part I of subchapter J of the Code, and the provisions hereof shall be interpreted consistently with this intention. In furtherance of such intention, the Trustee Paying Agent shall furnish or cause to be furnished to Certificateholders and shall file (A) file, or cause to be filed with the Internal Revenue Service together with Form 1041 or such other form as may be applicable, (iB) furnish, or cause to be furnished, to the Holders Class S Certificateholders, their allocable share of the Class Q Certificates, income with respect to Excess Interest accrued or received, as applicable, and (C) furnish, or cause to be furnished, to the Class A-JFL Certificateholders, their allocable share of Default income and expense with respect to the Class A-JFL Regular Interest and the amount of any interest paid on unreimbursed Advances to the Master ServicerSwap Contract, the Trustee and the Fiscal Agent, as applicable, therefrom pursuant to Section 3.06(iii) the amount of all collections on the AIMCO Multifamily Pool Conditional Debt, at each in the time or times and in the manner required by the Code, (ii) to the Holders . [End of the Classes of Regular Certificates entitled thereto as set forth in Section 2.06(b), income with respect to their allocable share of Excess Interest at the time or times and in the manner required by the Code and (iii) Xxxxxxx Group or its designee, income or expense with respect to the Reinvestment Enhancement Instrument and the Reinvestment Reserve Account.Article IV]

Grantor Trust Reporting. (a) The parties intend that the portions Class A-1 Grantor Trust, which consists of the Trust Fund consisting of (i) the Default Class A-1 Underlying Interest, proceeds therefromthe Class A-1 Swap Account, the AIMCO Multifamily Pool Conditional Debt, proceeds therefrom, Class A-1 Swap Collateral Account and the Class Q Distribution AccountA-1 Swap Agreement, (ii) Excess Interest, proceeds therefrom and the Excess Interest Distribution Account, and (iii) the Reinvestment Enhancement Instrument and Reinvestment Reserve Account shall constitute, and that the affairs of the Class A-1 Grantor Trust Fund (exclusive of the Trust REMICs) shall be conducted so as to qualify such portion as, a "“grantor trust" ” under subpart E, Part I of subchapter J of the Code, and the provisions hereof shall be interpreted consistently with this intention. In furtherance of such intention, the Trustee Securities Administrator shall furnish (A) file, or cause to be furnished to Certificateholders and shall file or cause to be filed with the filed, Internal Revenue Service together with Form 1041 or such other form as may be applicableapplicable with the Internal Revenue Service and (B) furnish, (i) or cause to be furnished, to the Holders of the Class Q CertificatesA-1 Certificateholders, income with respect to their allocable share of Default income and expense with respect to the Class A-1 Underlying Interest and the amount of any interest paid on unreimbursed Advances to the Master ServicerClass A-1 Swap Agreement, the Trustee and the Fiscal Agent, as applicable, therefrom pursuant to Section 3.06(iii) the amount of all collections on the AIMCO Multifamily Pool Conditional Debt, at each in the time or times and in the manner required by the Code. (b) The parties intend that the Class A-2-A Grantor Trust, which consists of the Class A-2-A Underlying Interest, the Class A-2-A Swap Account, the Class A-2-A Swap Collateral Account and the Class A-2-A Swap Agreement, shall constitute, and that the affairs of the Class A-2-A Grantor Trust shall be conducted so as to qualify such portion as, a “grantor trust” under subpart E, Part I of subchapter J of the Code, and the provisions hereof shall be interpreted consistently with this intention. In furtherance of such intention, the Securities Administrator shall (iiA) file, or cause to be filed, Internal Revenue Service Form 1041 or such other form as may be applicable with the Internal Revenue Service and (B) furnish, or cause to be furnished, to the Holders of the Classes of Regular Certificates entitled thereto as set forth in Section 2.06(b)Class A-2-A Certificateholders, income with respect to their allocable share of Excess income and expense with respect to the Class A-2-A Underlying Interest at and the Class A-2-A Swap Agreement, each in the time or times and in the manner required by the Code Code. (c) The parties intend that the Class A-3 Grantor Trust, which consists of the Class A-3 Underlying Interest, the Class A-3 Swap Account, the Class A-3 Swap Collateral Account and the Class A-3 Swap Agreement, shall constitute, and that the affairs of the Class A-3 Grantor Trust shall be conducted so as to qualify such portion as, a “grantor trust” under subpart E, Part I of subchapter J of the Code, and the provisions hereof shall be interpreted consistently with this intention. In furtherance of such intention, the Securities Administrator shall (A) file, or cause to be filed, Internal Revenue Service Form 1041 or such other form as may be applicable with the Internal Revenue Service and (iiiB) Xxxxxxx Group furnish, or its designeecause to be furnished, to the Class A-3 Certificateholders, their allocable share of income or and expense with respect to the Reinvestment Enhancement Instrument Class A-3 Underlying Interest and the Reinvestment Reserve AccountClass A-3 Swap Agreement, each in the time or times and in the manner required by the Code.