Nonliquidation. [ ] 6. Other Reason: _____________ Address to which the Trustee should deliver the Mortgage File: _____ By: ------------------------------------ (authorized signer) Address: ------------------------------- Date: ---------------------------------- If box 1 or 2 above is checked, and if all or part of the Mortgage File was previously released to us, please release to us our previous receipt on file with you, as well as any additional documents in your possession relating to the above specified Mortgage Loan. If box 3, 4, 5 or 6 above is checked, upon our return of all of the above documents to you as Trustee, please acknowledge your receipt by signing in the space indicated below, and returning this form. Trustee U.S. Bank National Association Please acknowledge the execution of the above request by your signature and date below: ------------------------------------- ---------------------------------------- Signature Date Documents returned to Trustee: ------------------------------------- ---------------------------------------- Trustee Date EXHIBIT J FORM OF POWER OF ATTORNEY RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO WILSHIRE CREDIT CORPORATION 00000 X.X. Xxxxxxxx Way Suite 200 Beaverton, Oregon 97005 Attn: _________________________________ LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that U.S. Bank National Association, having its principal place of business at 00 Xxxxxxxxxx Xxxxxx, Mail Code EP-MN-WS3D, Xx. Xxxx, Minnesota 55107-2292, as Trustee (the "Trustee") pursuant to that Pooling and Servicing Agreement among Xxxxxxx Xxxxx Mortgage Investors, Inc. (the "Depositor"), Wilshire Credit Corporation (the "Servicer"), and the Trustee, dated as of September 1, 2006 (the "Pooling and Servicing Agreement"), hereby constitutes and appoints the Servicer, by and through the Servicer's officers, the Trustee's true and lawful Attorney-in-Fact, in the Trustee's name, place and stead and for the Trustee's benefit, in connection with all mortgage loans serviced by the Servicer pursuant to the Pooling and Servicing Agreement for the purpose of performing all acts and executing all documents in the name of the Trustee as may be customarily and reasonably necessary and appropriate to effectuate the following enumerated transactions in respect of any of the mortgages or deeds of trust (the "Mortgages" and the "Deeds of Trust", respectively) and promissory notes secured thereby (the "Mortgage Notes") for which the undersigned is acting as Trustee for ...
Nonliquidation. Reason: __________________________________ By:_______________________________________ (authorized signer) Issuer:_____________________________________ Address:___________________________________ ___________________________________ Date:_______________________________________ Custodian Wells Fargo Bank, N.A. Please acknowledge the execution xx xxe above request by your signature and date below: ____________________________________ _________________ Signature Date Documents returned to Custodian: ____________________________________ _________________ Custodian Date EXHIBIT H AFFIDAVIT PURSUANT TO SECTION 860E(e)(4) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, AND FOR NON-ERISA INVESTORS STATE OF ) ) ss.: COUNTY OF ) [NAME OF OFFICER], being first duly sworn, deposes and says:
Nonliquidation. Reason:_____________________________________ By:_________________________________________ (authorized signer) Issuer:_____________________________________ Address:____________________________________ ____________________________________ Date:_______________________________________ Custodian Wells Fargo Bank Minnesota, National Association Please acxxxxxedge the execution of the above request by your signature and date below: ____________________________________ _________________ Signature Date Documents returned to Custodian: ____________________________________ _________________ Custodian Date EXHIBIT H AFFIDAVIT PURSUANT TO SECTION 860E(e)(4) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, AND FOR NON-ERISA INVESTORS STATE OF ) ) ss.: COUNTY OF ) [NAME OF OFFICER], being first duly sworn, deposes and says:
Nonliquidation. We hereby certify that all amounts received or to be received in connection with such payments which are required to be deposited have been or will be so deposited as provided in the Pooling and Servicing Agreement." _________________________________________________________ [name of Master Servicer] Authorized Signature **************************************************************** TO TRUSTEE: Please acknowledge this request, and check off documents being enclosed with a copy of this form. You should retain this form for your files in accordance with the terms of the Pooling and Servicing Agreement.
Nonliquidation. Reason:____________________________________ Address to which Custodian should Deliver the Master Servicer's Mortgage File: ________________________________________________ ________________________________________________ ________________________________________________ By:_____________________________________ (authorized signer) Issuer:_____________________________________ Address:____________________________________ Date:_______________________________________ Master Servicer Wells Fargo Bank Minnesota, N.A. Please acknowledge the execution of txx xxove request by your signature and date below: ____________________________________ _________________ Signature Date Documents returned to Custodian: ____________________________________ _________________ Custodian Date EXHIBIT M (FORM OF YIELD MAINTENANCE AGREEMENT) [UBS WARBURG LOGO] Date: 20 November 2002 To: [Name of Trustee], not individually but solely as trustee of MALT TRUST 2002-3 Attention: Fax No.: From: UBS AG, London Branch ("UBS") Subject: Interest Rate Cap Transaction UBS REF: Dear Sirs The purpose of this communication is to confirm the terms and conditions of the Transaction entered into between us on the Trade Date specified below. This Confirmation constitutes a "Confirmation" as referred to in the Agreement specified below. The definitions contained in the 2000 ISDA Definitions as published by the International Swaps and Derivatives Association, Inc., are incorporated into this Confirmation. In the event of any inconsistency between any of the definitions listed above and this Confirmation, this Confirmation will govern. This Confirmation evidences a complete and binding agreement between you and us as to the terms of the Transaction to which this Confirmation relates. In addition, this Confirmation supplements, forms a part of, and is subject to an agreement in the form of the ISDA Master (Multicurrency - Cross Border), with such modifications as are specified herein, as if we had executed an agreement in such form (but without any Schedule to the Agreement) on the Trade Date hereof (the "Agreement"), and in such form with the Schedule thereto specifying that (i) the governing law is the law of the State of New York, (ii) the Termination Currency is U.S. Dollars, and (iii) Loss and Second Method apply. All provisions contained or incorporated by referenced in the Agreement shall govern this Confirmation except as expressly modified below. In the event of any inconsistency between the provis...
Nonliquidation. Reason:_____________________________________
Nonliquidation. Other Reason: By:______________________ (authorized signer) Issuer:___________________ Address:__________________ Date:_____________________
Nonliquidation. Reason: -------------------------------- By: ------------------------------------ (authorized signer of Servicer) Issuer: ------------------------------- Address: ------------------------------- ----------------------------------------
Nonliquidation. _______6. Other Reason: _______________________ Address to which the Trustee should deliver the Mortgage File: By: ------------------------------------ (authorized signer) Address: ------------------------------- Date: ---------------------------------- If box 1 or 2 above is checked, and if all or part of the Mortgage File was previously released to us, please release to us our previous receipt on file with you, as well as any additional documents in your possession relating to the above specified Mortgage Loan. If box 3, 4, 5 or 6 above is checked, upon our return of all of the above documents to you as Trustee, please acknowledge your receipt by signing in the space indicated below, and returning this form. Trustee
Nonliquidation. Other Reason: ______________________ By:_________________________________ (authorized signer) Issuer:_____________________________ Address:____________________________ Date:_______________________________ Trustee ------- Norwest Bank Minnesota, National Association Please acknowledge the execution of the above request by your signature and date below: ____________________________ ________________ Signature Date Documents returned to Trustee: ____________________________ ________________ Trustee Date Date: ______________ __________________________ [NAME OF MASTER SERVICER] By: ____________________________ Name: Title: EXHIBIT E FORM OF AFFIDAVIT PURSUANT TO SECTION 860E(E)(4) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, AND FOR OTHER PURPOSES STATE OF ) ) ss: COUNTY OF ) [NAME OF OFFICER], being first duly sworn, deposes and says:
