Common use of REMIC Declarations; Other REMIC Matters Clause in Contracts

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 40-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 40-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 40-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 40-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4046-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4046-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4046-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4046-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each REMIC Trust formed hereunder shall constitute, and the affairs of each REMIC Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The RL Class 40-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes Interests are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The R Class 40-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund REMIC Certificates is hereby designated as a the “regular interestinterests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC Trust within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each REMIC Trust when and as required by the Code, on which a REMIC election shall be made with respect to each REMIC Trust, (b) conduct the affairs of each REMIC Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either each REMIC Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 40-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 40-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4024-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4024-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4024-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4024-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 405-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 405-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 405-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 405-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5section 1. 860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx Mae hereby declares its intent that each REMIC Trust formed hereunder shall constitute, and the affairs of each REMIC Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The RL Class 40-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes Interests are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The R Class 40-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund REMIC Certificates is hereby designated as a the “regular interestinterests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC Trust within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each REMIC Trust when and as required by the Code, on which a REMIC election shall be made with respect to each REMIC Trust, (b) conduct the affairs of each REMIC Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either each REMIC Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 40-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 40-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4031-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4031-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4031-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4031-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4097-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4097-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4097-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4097-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4093-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4093-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4093-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4093-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4045-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4045-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4045-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4045-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. (a) Xxxxxx Xxx hereby declares its intent that each REMIC Trust formed hereunder shall constitute, and the affairs of each REMIC Trust shall be conducted so as to qualify as, each REMIC Trust as a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The RL Class 40-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes Interests are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The RM Class 40-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund Middle Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and each remaining the Middle Tier Regular Interests are hereby designated as “regular interests” in the Middle Tier REMIC within the meaning of Section 860G(a)(1) of the Code. The AR Class of Trust Fund Certificates Certificate is hereby designated as a the sole “residual interest” in the REMIC constituted by the Upper Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Certificates (other than the AR, RM and RL Classes) are hereby designated as the “regular interestinterests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC Trust under this Trust Agreement within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. . (b) In furtherance of the intentions expressed in the foregoing paragraphsubsection (a), Xxxxxx Xxx covenants and agrees that it shall: (ai) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each REMIC Trust when and as required by the Code, on which a REMIC election shall be made with respect to each REMIC Trust, (bii) conduct the affairs of each REMIC Trust so as to maintain the status thereof as a REMIC under the Code, (ciii) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either each REMIC Trust, and (div) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related REMIC Trust to the extent that any such tax shall be paid or payable by it. it provided, however, that in no event shall the preceding provide indemnification to any Holder of a Residual Certificate for any tax penalty or interest imposed on such Holder as a result of such Holder’s acquisition, ownership or disposition of a Residual Certificate. (c) Xxxxxx Mae, as Trustee of each REMIC Trust, will prepare, sign and file each annual federal income tax return for the related REMIC Trust and such information returns as are required by Treasury regulationsRegulations. In addition, Xxxxxx Xxx will act as the tax matters person for each REMIC Trust in a fiduciary capacity, in the case of the Trust FundREMIC constituted by the Upper Tier REMIC, for the Holder of the AR Class, in the case of the Middle Tier REMIC, for the Holder of the RM Class 40-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 40-RL CertificateClass. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section Section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.and

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4058-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4058-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4058-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4058-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4032-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4032-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4032-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4032-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4064-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4064-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4064-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4064-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each REMIC Trust formed hereunder shall constitute, and the affairs of each REMIC Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The RL Class 40-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes Interests are hereby designated as “regular interests” in such the Lower Tier REMIC within the meaning of Section 860G(a)(1) of the Code. The R Class 40-R Certificate is hereby designated as the sole “residual interest” in the Upper Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund REMIC Regular Certificates is hereby designated as a the “regular interestinterests” in such the Upper Tier REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC Trust within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each REMIC Trust when and as required by the Code, on which a REMIC election shall be made with respect to each REMIC Trust, (b) conduct the affairs of each REMIC Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either each REMIC Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 40-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 40-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4081-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4081-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4081-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4081-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4078-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4078-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4078-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4078-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4027-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes Interests are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4027-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4027-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4027-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 406-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 406-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 406-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 406-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5section 1. 860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4013-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4013-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4013-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4013-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4051-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4051-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4051-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4051-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4056-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4056-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4056-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4056-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4084-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4084-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4084-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4084-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4022-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4022-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4022-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4022-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4080-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4080-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4080-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4080-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each REMIC Trust formed hereunder shall constitute, and the affairs of each REMIC Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The RL Class 40-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes Interests are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The R Class 40-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a the “regular interestinterests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC Trust within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each REMIC Trust when and as required by the Code, on which a REMIC election shall be made with respect to each REMIC Trust, (b) conduct the affairs of each REMIC Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either each REMIC Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 40-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 40-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4028-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes Interests are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4028-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4028-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4028-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 407-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 407-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 407-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 407-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5section 1. 860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx (a) The Issuer hereby declares its intent that each the Trust (or the applicable portion thereof) formed hereunder shall pursuant to the related Trust Documents will constitute, and the affairs of each such Trust shall (or the applicable portion thereof) will be conducted so as to qualify as, a REMIC one or more REMICs pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The RL Class 40-RL Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the REMIC constituted by the related Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Classes Interests of each such Two Tier Series or Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 40-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code shall will be the Settlement Date. Date specified in the related Issue Supplement. (b) In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx the Trustee covenants and agrees that it shallwill: (ai) prepare, sign and file, or arrange to be prepared, signed and filed, when and as required by the Internal Revenue Code and the Regulations, a federal income tax return using a calendar year as the taxable year for each Trust when and (or portion of each Trust) as required by the Code, on to which a REMIC election shall be made with respect to each Trustis made, (bii) conduct the affairs of each such Trust (or applicable portion thereof) so as to maintain the its status thereof as a REMIC under the Internal Revenue Code, (ciii) not knowingly or intentionally take any action or omit to take any action that would (A) cause the termination of the REMIC status of either Trustany such Trust (or applicable portion thereof) or (B) result in the imposition of a tax upon the Trust (including the tax on prohibited transactions as defined in Section 860F(a)(2) of the Internal Revenue Code and the tax on contributions to a REMIC set forth in section 860G(d) of the Internal Revenue Code), and (div) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related such Trust (or applicable portion thereof) to the extent that any such tax shall be is paid or payable by it. Xxxxxx Mae, as such Holder. (c) The Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust such REMIC in a fiduciary capacitycapacity for the Holder of each related R Class Certificate and, in the case of the Trust Fundif applicable, for the Holder of each related RL Class Certificate and RM Class Certificate. For any taxable years for which Sections 6221 through 6241 of the Class 40-R CertificateCode apply to a Trust (or portion of a Trust) as to which a REMIC election is made, andthe Trustee will be the partnership representative for each such REMIC. For each such REMIC, the Trustee, as partnership representative, is authorized and directed to utilize any exceptions available under Sections 6221 through 6241 of the Code (including changes) so that Holders of the Residual Certificates, to the fullest extent possible, rather than the REMIC itself, will be liable for any taxes arising from audit adjustments to the REMIC’s taxable income. In connection with the preceding sentence, the partnership representative will, to the extent any such REMIC is eligible, make the election under Section 6221(b) of the Code with respect to each such REMIC and take any other action such as disclosures and notifications necessary to effectuate such election. If the election described in the preceding sentence is not available, to the extent applicable, the partnership representative will make the election under Section 6226(a) of the Code with respect to each such REMIC and take any other action such as filings, disclosures and notifications necessary to effectuate such election. Consistent with the foregoing, the Trustee is authorized, in the case its sole discretion, to make any available election related to Sections 6221 through 6241 of the Lower Tier REMIC, for Code and take any action it deems necessary or appropriate to comply with the Holder requirements of the Class 40-RL CertificateCode and conduct each such REMIC’s affairs under Sections 6221 through 6241 of the Code. In addition, Xxxxxx Xxx the Trustee will provide provide, or cause to be provided, to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Internal Revenue Code. In additionFurthermore, Xxxxxx Mae the Trustee will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Internal Revenue Code the information described in section 1.860D-1(b)(5)(ii1.860D- 1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto. (d) Any inconsistencies or ambiguities in the Trust Documents for a Series will be resolved in a manner that preserves the validity of any related REMIC election.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4047-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4047-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4047-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4047-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4030-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4030-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which return a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4030-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4030-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4096-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4096-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4096-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4096-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx Mae hereby declares its intent that each Trust formed hereunder and under the related Issue Supplement shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code; provided, however, that such portions of any Trust as are specified in the related Issue Supplement shall not constitute a part of any REMIC. The RL Class 40-RL Certificate of each Two Tier Series is hereby designated as the sole “residual interest” in the REMIC constituted by the related Lower Tier REMIC Trust Fund within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes Interests of each such Two Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The R Class 40-R Certificate of each Series is hereby designated as the sole “residual interest” in the REMIC constituted by the Single Tier Trust Fund or Upper Tier Trust Fund of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement DateDate specified in the related Issue Supplement. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, when and as required by the Code, a federal income tax return using a calendar year as the taxable year for each Trust when and Trust) (or portion of each Trust) as required by the Code, on to which a REMIC election shall be made with respect to each Trustmade, (b) conduct the affairs of each such Trust (or portion thereof) so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trustany such Trust (or portion thereof), and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related such Trust (or portion thereof) to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trustsuch Trust (or portion thereof), will prepare, sign and file each annual federal income tax return for the related such Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each such Trust (or portion thereof) in a fiduciary capacitycapacity for the Holder of each related R Class Certificate and, in the case of the Trust Fundif applicable, for the Holder of the each related RL Class 40-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 40-RL Certificateas applicable. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each REMIC Trust formed hereunder shall constitute, and the affairs of each REMIC Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 40B1-RL R1 Certificate is hereby designated as the sole “residual interest” in the Base REMIC constituted by within the Lower meaning of Section 860G(a)(2) of the Code, and the Certificates of the Base REMIC Regular Classes are hereby designated as the “regular interests” in the Base REMIC within the meaning of Section 860G(a)(1) of the Code. The Class B1-R2 Certificate is hereby designated as the sole “residual interest” in the Upper Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes Certificates of the AB Class are hereby designated as the “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 40-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such Base REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC Trust within the meaning of Section 860G(a)(9) of the Code shall be the Settlement DateJune 14, 2006. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx Mae covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each REMIC Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each REMIC Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either REMIC Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related REMIC Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx MaeXxx, as Trustee of each REMIC Trust, will prepare, sign and file each annual federal income tax return for the related REMIC Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx Mae will act as the tax matters person for each REMIC Trust in a fiduciary capacity, in the case of the Trust FundBase REMIC, for the Holder of the Class 40B1-R R1 Certificate, and, and in the case of the Lower Upper Tier REMIC, for the Holder of the Class 40B1-RL R2 Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 408-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 408-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 408-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 408-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5section 1. 860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx Mae hereby declares its intent that each REMIC Trust formed hereunder shall constitute, and the affairs of each REMIC Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The RL Class 40-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes Interests are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The R Class 40-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund Upper Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund REMIC Regular Certificates is hereby designated as a the “regular interestinterests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC Trust within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each REMIC Trust when and as required by the Code, on which a REMIC election shall be made with respect to each REMIC Trust, (b) conduct the affairs of each REMIC Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either each REMIC Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 40-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 40-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4043-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4043-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4043-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4043-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 404-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC I and the Class 4-RB Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by Lower Tier REMIC II, in each case within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such the related REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 404-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either any Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 404-R Certificate, and, ; in the case of the Lower Tier REMICREMIC I, for the Holder of the Class 404-RL Certificate; and in the case of Lower Tier REMIC II, for the Holder of the Class 4-RB Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4050-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4050-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4050-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4050-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4028-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4028-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which return a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4028-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4028-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 407-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes Interests are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 407-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the each Holder of any a Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx MaeXxx, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx Mae will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 407-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 407-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section Section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5Section 1.860E-2(a) (5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 405-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 405-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which return a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 405-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 405-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5section 1. 860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4066-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4066- RM Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Middle Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Middle Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 66-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either any Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4066-R Certificate, in the case of the Middle Tier REMIC, for the Holder of the Class 66-RM Certificate and, in the case of the Lower Tier REMIC, for the Holder of the Class 4066-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5section 1. 860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4061-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4061-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4061-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4061-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The RL Class 40-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes Interests are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The R Class 40-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the R Class 40-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the RL Class 40-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5section 1. 860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each REMIC Trust formed hereunder shall constitute, and the affairs of each REMIC Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 40W5-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes Interests are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 40W5-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a the “regular interestinterests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC Trust within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each REMIC Trust when and as required by the Code, on which a REMIC election shall be made with respect to each REMIC Trust, (b) conduct the affairs of each REMIC Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either each REMIC Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 40-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 40-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4044-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4044-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the August 22, 2001 Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4044-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4044-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4012-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4012-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the February 28, 2006 Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4012-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4012-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 40101-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 40101-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 40101-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 40101-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx (a) The Issuer hereby declares its intent that each the Trust (or the applicable portion thereof) formed hereunder shall pursuant to the related Trust Documents will constitute, and the affairs of each such Trust shall (or the applicable portion thereof) will be conducted so as to qualify as, a REMIC one or more REMICs pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The RL Class 40-RL Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the REMIC constituted by the related Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Classes Interests of each such Two Tier Series or Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 40-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code shall will be the Settlement Date. Date specified in the related Issue Supplement. (b) In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx the Trustee covenants and agrees that it shallwill: (ai) prepare, sign and file, or arrange to be prepared, signed and filed, when and as required by the Internal Revenue Code and the Regulations, a federal income tax return using a calendar year as the taxable year for each Trust when and (or portion of each Trust) as required by the Code, on to which a REMIC election shall be made with respect to each Trustis made, (bii) conduct the affairs of each such Trust (or applicable portion thereof) so as to maintain the its status thereof as a REMIC under the Internal Revenue Code, (ciii) not knowingly or intentionally take any action or omit to take any action that would (A) cause the termination of the REMIC status of either Trustany such Trust (or applicable portion thereof) or (B) result in the imposition of a tax upon the Trust (including the tax on prohibited transactions as defined in Section 860F(a)(2) of the Internal Revenue Code and the tax on contributions to a REMIC set forth in section 860G(d) of the Internal Revenue Code), and (div) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related such Trust (or applicable portion thereof) to the extent that any such tax shall be is paid or payable by itsuch Holder. (c) The Trustee will be the partnership representative for each such REMIC. Xxxxxx MaeFor each REMIC, the Trustee, as Trustee partnership representative, is authorized and directed to utilize any exceptions available under Sections 6221 through 6241 of each Trustthe Internal Revenue Code (including changes) so that Holders of the Residual Certificates, to the fullest extent possible, rather than the REMIC itself, will preparebe liable for any taxes arising from audit adjustments to the REMIC’s taxable income. In connection with the preceding sentence, sign the partnership representative will, to the extent any such REMIC is eligible, make the election under Section 6221(b) of the Internal Revenue Code with respect to each such REMIC and file take any other action such as disclosures and notifications necessary to effectuate such election. If the election described in the preceding sentence is not available, to the extent applicable, the partnership representative will make the election under Section 6226(a) of the Internal Revenue Code with respect to each annual federal income tax return for such REMIC and take any other action such as filings, disclosures and notifications necessary to effectuate such election. Consistent with the foregoing, the Trustee is authorized, in its sole discretion, to make any available election related Trust to Sections 6221 through 6241 of the Internal Revenue Code and take any action it deems necessary or appropriate to comply with the requirements of the Internal Revenue Code and conduct each such information returns as are required by Treasury regulationsREMIC’s affairs under Sections 6221 through 6241 of the Internal Revenue Code. In addition, Xxxxxx Xxx the Trustee will act as the tax matters person for each Trust in a fiduciary capacityprovide, in the case of the Trust Fundor cause to be provided, for the Holder of the Class 40-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 40-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Internal Revenue Code. In additionFurthermore, Xxxxxx Mae the Trustee will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Internal Revenue Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto. (d) Any inconsistencies or ambiguities in the Trust Documents for a Series will be resolved in a manner that preserves the validity of any related REMIC election.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each REMIC Trust formed hereunder shall constitute, and the affairs of each REMIC Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The RL Class 40-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes Interests are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The R Class 40-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund Upper Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund REMIC Regular Certificates is hereby designated as a the “regular interestinterests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC Trust within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each REMIC Trust when and as required by the Code, on which a REMIC election shall be made with respect to each REMIC Trust, (b) conduct the affairs of each REMIC Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either each REMIC Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 40-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 40-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4041-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4041-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4041-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4041-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4091-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4091-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4091-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4091-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4025-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4025-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4025-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4025-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4014-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4014-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4014-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4014-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4019-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4019-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4019-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4019-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4021-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4021-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4021-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4021-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4062-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 40-62- R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4062-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4062-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4057-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 40-57- R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4057-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4057-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4018-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4018-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4018-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4018-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 40131-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 40131-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 40131-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 40131-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. (a) Xxxxxx Xxx hereby declares its intent that each REMIC Trust formed hereunder shall constitute, and the affairs of each Trust shall REMIC trust be conducted so as to qualify as, each REMIC as a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The RL Class 40-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes Interests are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The RM Class 40-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund Middle Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and each remaining the Middle Tier Regular Interests are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The A-R Class of Trust Fund Certificates Certificate is hereby designated as a the sole “residual interest” in the Upper Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Certificates (other than the A-R, RM and RL Classes) are hereby designated as the “regular interestinterests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC Trust under this Trust Agreement within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. . (b) In furtherance of the intentions expressed in the foregoing paragraphsubsection (a), Xxxxxx Xxx covenants and agrees that it shall: (ai) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each REMIC Trust when and as required by the Code, on which a REMIC election shall be made with respect to each REMIC Trust, (bii) conduct the affairs of each REMIC Trust so as to maintain the status thereof as a REMIC under the Code, (ciii) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either each REMIC Trust, and (div) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related REMIC Trust to the extent that any such tax shall be paid or payable by it. . (c) Xxxxxx Mae, as Trustee of each REMIC Trust, will prepare, sign and file each annual federal income tax return for the related REMIC Trust and such information returns as are required by Treasury regulationsRegulations. In addition, Xxxxxx Xxx will act as the tax matters person for each REMIC Trust in a fiduciary capacity, in the case of the Trust FundUpper Tier REMIC, for the Holder of the Class 40A-R CertificateClass, in the case of the Middle Tier REMIC, for the Holder of the RM Class and, in the case of the Lower Tier REMIC, for the Holder of the Class 40-RL CertificateClass. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section Section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(iiSection 1.860D-l(b)(5)(ii) of the Treasury Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section Section 1.860E-2(a)(5) of the Treasury Regulations, or any successor regulation thereto. (d) Solely for purposes of Section 1.860G-1(a)(4)(iii) of the Treasury Regulations, the “latest possible maturity date” for each Class of the Certificates is the related Final Distribution Date set forth in Section 3.01, the Middle Tier Schedule or the Lower Tier Schedule, as applicable.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The RL Class 40-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The RL Class 40-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the R Class 40-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the RL Class 40-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4013-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes Interests are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4013-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx MaeXxx, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx Mae will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4013-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4013-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 40123-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 40123-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 40123-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 40123-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx Mae hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4025-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes Interests are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4025-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4025-R CertificateCertificate evidencing the largest percentage interest in such class, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4025-RL CertificateCertificate evidencing the largest percentage interest in such class. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4044-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4044-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4044-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4044-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx Mae hereby declares its intent that each REMIC Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4059-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Upper Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4059-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates (except in the case of the F and IP Class Certificates, the right of the Holders of the F Class Certificates to receive, and the obligation of the Holders of the IP Class Certificates to pay, Interest Carryover Amounts) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC Trust within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each REMIC Trust when and as required by the Code, on which a REMIC election shall be made with respect to each REMIC Trust, (b) conduct the affairs of each REMIC Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either REMIC Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related REMIC Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each REMIC Trust, will prepare, sign and file each annual federal income tax return for the related REMIC Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each REMIC Trust in a fiduciary capacity, in the case of the Trust FundUpper Tier REMIC, for the Holder of the Class 4059-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4059-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4085-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4085-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4085-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4085-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4066-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4066-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4066-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4066-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx Mae hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The RL Class 40-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The R Class 40-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 408-R CertificateCertificate evidencing the largest percentage interest in such Class, and, and in the case of the Lower Tier REMIC, for the Holder of the Class 408-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each REMIC Trust formed hereunder shall constitute, and the affairs of each REMIC Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The RL Class 40-RL Certificate is hereby designated as the sole “residual sole“residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes Interests are hereby designated as “regular as“regular interests” in such the Lower Tier REMIC within the meaning of Section 860G(a)(1) of the Code. The R Class 40-R Certificate is hereby designated as the sole “residual sole“residual interest” in the Upper Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund REMIC Regular Certificates is hereby designated as a “regular interestthe“regular interests” in such the Upper Tier REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup the“startup day” of each REMIC Trust within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each REMIC Trust when and as required by the Code, on which a REMIC election shall be made with respect to each REMIC Trust, (b) conduct the affairs of each REMIC Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either each REMIC Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 40-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 40-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4062-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4062-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4062-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4062-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4010-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4010-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4010-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4010-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 404-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes Interests are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 404-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the each Holder of any a Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx MaeXxx, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx Mae will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 404-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 404-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section Section 860E(e)(3) and (6) of the Code the information described in section Section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section Section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4054-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4054-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4054-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4054-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4029-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes Interests are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4029-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4029-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4029-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4047-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4047-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the May 30, 2006 Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4047-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4047-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4023-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4023-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4023-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4023-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. (a) Xxxxxx Xxx hereby declares its intent that each of the Lower Tier REMIC and the Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify each as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Each Class 40-RL Certificate of the Regular Certificates is hereby designated as a “regular interest” (within the meaning of Section 860G(a)(1) of the Code), and the R Class is hereby designated as the sole single Class of “residual interest” in the REMIC constituted by the Lower Tier REMIC (within the meaning of Section 860G(a)(2) of the Code), and in the Trust. Each Class of Lower Tier Regular Classes are Interests is hereby designated as a “regular interestsinterest” in such REMIC (within the meaning of Section 860G(a)(1) of the Code. The ) and the RL Class 40-R Certificate is hereby designated as the sole single class of “residual interest” in the REMIC constituted by the Trust Fund (within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” ) in such REMIC within the meaning of Section 860G(a)(1) of the CodeLower Tier REMIC. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. . (b) In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (ai) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each of the Trust and the Lower Tier REMIC when and as required by the Code, on which a REMIC election elections shall be made with respect to each Trust, the Trust and the Lower Tier REMIC; (bii) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, ; (ciii) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, the Trust or the Lower Tier REMIC; and (div) hold harmless and indemnify the Holder Holders of any Residual Certificate the R Class Certificates and RL Class Certificates, the Trust and the Lower Tier REMIC against any liability on account of any federal income tax (including interest and penalties) imposed on upon the related Trust or the Lower Tier REMIC, as the case may be, to the extent that any such tax shall be paid or payable by it. it as a result of a breach by Xxxxxx MaeXxx of its covenants in clauses (i), as (ii) or (iii) of this paragraph. (c) The Trustee of each Trust, will shall prepare, sign and file file, or arrange to be prepared, signed and filed, on a timely basis, each annual federal income tax return for the related Trust and the Lower Tier REMIC and such information returns as are required by Treasury regulationsRegulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust Trustee shall, in a fiduciary capacity, perform the duties required of, or permitted to be taken by, the Tax Matters Person in the case respect of the Trust Fund, for the Holder of the Class 40-R Certificate, and, in the case of and the Lower Tier REMIC, for the Holder REMIC on behalf of the Holders of the R Class 40-Certificates and the RL CertificateClass Certificates, as the case may be, and each such Holder, by its acceptance thereof, shall be deemed to have agreed that it will execute a power of attorney to such effect upon the request of the Trustee. In addition, Xxxxxx Xxx will shall provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will shall provide to the Internal Revenue Service and to persons Persons described in section Section 860E(e)(3) and (6) of the Code the information described in section Section 1.860D-1(b)(5)(ii) of the Regulations, Regulations or any successor regulation thereto. Such information will be provided in the manner described in section Section 1.860E-2(a)(5) of the Regulations, Treasury Regulations or any successor regulation thereto. (d) Solely for purposes of Section 1.860G-1(a)(4)(iii) of the Treasury Regulations, the “latest possible maturity date” for each Class of Certificates is the Distribution Date in June 2028.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4047-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes Interests are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4047-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4047-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4047-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section Sections 860E(e)(3) and (6) of the Code the information described in section Section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each the Lower Tier REMIC and the Upper Tier Trust formed hereunder each shall constitute, and the affairs of the Lower Tier REMIC and the Upper Tier Trust each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4029-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4029-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Upper Tier Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Group 1 and Group 2 Class of Trust Fund Certificates (as specified in the Prospectus Supplement) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust the Lower Tier REMIC and the Upper Tier Trust, when and as required by the Code, on which return a REMIC election shall be made with respect to each the Lower Tier REMIC and the Upper Tier Trust, (b) conduct the affairs of each the Lower Tier REMIC and the Upper Tier Trust so as to maintain the status thereof as a REMIC REMICs under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either the Lower Tier REMIC or the Upper Tier Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each the Base Trust (including the Lower Tier REMIC) and the Upper Tier Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each such Trust in a fiduciary capacity, in the case of the Trust FundUpper Tier Trust, for the Holder of the Class 4029-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4029-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4037-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4037-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4037-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4037-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4079-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4079-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4079-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4079-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The RL Class 40-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The R Class 40-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4019-R CertificateCertificate evidencing the largest percentage interest in such Class, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4019-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 408-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 408-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which return a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 408-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 408-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5section 1. 860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each REMIC Trust formed hereunder shall constitute, and the affairs of each REMIC Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The RL Class 40-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes Interests are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The R Class 40-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund Upper Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund REMIC Certificates is hereby designated as a the “regular interestinterests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC Trust within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each REMIC Trust when and as required by the Code, on which a REMIC election shall be made with respect to each REMIC Trust, (b) conduct the affairs of each REMIC Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either each REMIC Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 40-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 40-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4023-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4023-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the March 30, 2006 Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4023-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4023-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx Mae hereby declares its intent that each REMIC Trust formed hereunder shall constitute, and the affairs of each REMIC Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The RL Class 40-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes Interests are hereby designated as “regular interests” in such the Lower Tier REMIC within the meaning of Section 860G(a)(1) of the Code. The R Class 40-R Certificate is hereby designated as the sole “residual interest” in the Upper Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is the Upper Tier Regular Interests are hereby designated as a the “regular interestinterests” in such the Upper Tier REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC Trust within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each REMIC Trust when and as required by the Code, on which a REMIC election shall be made with respect to each REMIC Trust, (b) conduct the affairs of each REMIC Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either each REMIC Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 40-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 40-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4071-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 40-71- R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4071-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4071-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4039-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4039-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4039-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4039-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 408-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 408-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the February 28, 2002 Settlement Date. The Group 1 and Group 2 Classes (as described in the Prospectus Supplement) and the related Lower Tier Regular Interests shall be issued on the February 22, 2002 Settlement Date and the other Classes of Certificates and the related Lower Tier Regular Interests shall be issued on the February 28, 2002 Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 408-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 408-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5section 1. 860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx (a) The Issuer hereby declares its intent that each the Trust (or the applicable portion thereof) formed hereunder shall pursuant to the related Trust Documents will constitute, and the affairs of each such Trust shall (or the applicable portion thereof) will be conducted so as to qualify as, a REMIC one or more REMICs pursuant to Section 860D of Subchapter M of Chapter 1 of the Internal Revenue Code; provided, however, that such portions of any Trust as are expressly excluded from any applicable REMIC in the related Issue Supplement will not constitute a part of any REMIC. The RL Class 40-RL Certificate of each Two Tier Series or Three Tier Series is hereby designated as the sole “residual interest” in the REMIC constituted by the related Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Lower Tier Regular Classes Interests of each such Two Tier Series or Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The RM Class 40-R Certificate of each Three Tier Series is hereby designated as the sole “residual interest” in the related Middle Tier REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and the Middle Tier Regular Interests of each such Three Tier Series are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The R Class Certificate of each Series is hereby designated as the sole “residual interest” in the Single Tier REMIC or Upper Tier REMIC of such Series, as applicable, within the meaning of Section 860G(a)(2) of the Internal Revenue Code, and each remaining Class of Trust Fund Certificates of such Series (other than the RL Class Certificate and the RM Class Certificate, if any) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Internal Revenue Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Internal Revenue Code shall will be the Settlement Date. Date specified in the related Issue Supplement. (b) In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx the Trustee covenants and agrees that it shallwill: (ai) prepare, sign and file, or arrange to be prepared, signed and filed, when and as required by the Internal Revenue Code and the Regulations, a federal income tax return using a calendar year as the taxable year for each Trust when and (or portion of each Trust) as required by the Code, on to which a REMIC election shall be made with respect to each Trustis made, (bii) conduct the affairs of each such Trust (or applicable portion thereof) so as to maintain the its status thereof as a REMIC under the Internal Revenue Code, (ciii) not knowingly or intentionally take any action or omit to take any action that would (A) cause the termination of the REMIC status of either Trustany such Trust (or applicable portion thereof) or (B) result in the imposition of a tax upon the Trust (including the tax on prohibited transactions as defined in Section 860F(a)(2) of the Internal Revenue Code and the tax on contributions to a REMIC set forth in section 860G(d) of the Internal Revenue Code), and (div) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related such Trust (or applicable portion thereof) to the extent that any such tax shall be is paid or payable by it. Xxxxxx Mae, as such Holder. (c) The Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust such REMIC in a fiduciary capacitycapacity for the Holder of each related R Class Certificate and, in the case of the Trust Fundif applicable, for the Holder of the each related RL Class 40-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Certificate and RM Class 40-RL Certificate. In addition, Xxxxxx Xxx the Trustee will provide provide, or cause to be provided, to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Internal Revenue Code. In additionFurthermore, Xxxxxx Mae the Trustee will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Internal Revenue Code the information described in section 1.860D-1(b)(5)(ii1.860D- 1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto. (d) Any inconsistencies or ambiguities in the Trust Documents for a Series will be resolved in a manner that preserves the validity of any related REMIC election.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 402-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes Interests are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 402-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 402-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 402-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5section 1. 860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each the Lower Tier REMIC, REMIC Trust 1 and REMIC Trust 2 formed hereunder each shall constitute, and the affairs of the Lower Tier REMIC, REMIC Trust 1 and REMIC Trust 2 each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4072-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4072-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the REMIC Trust Fund 1 within the meaning of Section 860G(a)(2) of the Code, and each remaining Group 1, Group 3, Group 4 and Group 5 Class (as specified in the Prospectus Supplement) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 72-RA Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by REMIC Trust Fund Certificates 2 within the meaning of Section 860G(a)(2) of the Code, and each Group 2 Class (as specified in the Prospectus Supplement) is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which return a REMIC election shall be made with respect to each such Trust, (b) conduct the affairs of each of the Lower Tier REMIC, REMIC Trust 1 and REMIC Trust 2 so as to maintain the status thereof as a REMIC REMICs under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trustany of the Lower Tier REMIC, REMIC Trust 1 or REMIC Trust 2, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trustthe Base Trust (including the Lower Tier REMIC), REMIC Trust 1 and REMIC Trust 2, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each such Trust in a fiduciary capacity, in the case of the REMIC Trust Fund1, for the Holder of the Class 4072-R Certificate; in the case of REMIC Trust 2, for the Holder of the Class 72-RA Certificate; and, in the case of the Lower Tier REMIC, for the Holder of the Class 4072-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 409-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 409-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 409-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 409-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5section 1. 860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4073-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4073-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4073-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4073-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4011-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes Interests are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4011-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4011-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4011-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4076-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4076-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4076-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4076-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.

REMIC Declarations; Other REMIC Matters. Xxxxxx Xxx hereby declares its intent that each Trust formed hereunder shall constitute, and the affairs of each Trust shall be conducted so as to qualify as, a REMIC pursuant to Section 860D of Subchapter M of Chapter 1 of the Code. The Class 4042-RL Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Lower Tier REMIC within the meaning of Section 860G(a)(2) of the Code, and the Lower Tier Regular Classes Interests are hereby designated as “regular interests” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The Class 4042-R Certificate is hereby designated as the sole “residual interest” in the REMIC constituted by the Trust Fund within the meaning of Section 860G(a)(2) of the Code, and each remaining Class of Trust Fund Certificates is hereby designated as a “regular interest” in such REMIC within the meaning of Section 860G(a)(1) of the Code. The date designated as the “startup day” of each REMIC within the meaning of Section 860G(a)(9) of the Code shall be the Settlement Date. In furtherance of the intentions expressed in the foregoing paragraph, Xxxxxx Xxx covenants and agrees that it shall: (a) prepare, sign and file, or arrange to be prepared, signed and filed, a federal income tax return using a calendar year as the taxable year for each Trust when and as required by the Code, on which a REMIC election shall be made with respect to each Trust, (b) conduct the affairs of each Trust so as to maintain the status thereof as a REMIC under the Code, (c) not knowingly or intentionally take any action or omit to take any action that would cause the termination of the REMIC status of either Trust, and (d) hold harmless and indemnify the Holder of any Residual Certificate against any liability on account of any federal income tax (including interest and penalties) imposed on the related Trust to the extent that any such tax shall be paid or payable by it. Xxxxxx Mae, as Trustee of each Trust, will prepare, sign and file each annual federal income tax return for the related Trust and such information returns as are required by Treasury regulations. In addition, Xxxxxx Xxx will act as the tax matters person for each Trust in a fiduciary capacity, in the case of the Trust Fund, for the Holder of the Class 4042-R Certificate, and, in the case of the Lower Tier REMIC, for the Holder of the Class 4042-RL Certificate. In addition, Xxxxxx Xxx will provide to each Holder of a Certificate any information or reports regarding the Certificates that may be required under the Code. In addition, Xxxxxx Mae will provide to the Internal Revenue Service and to persons described in section 860E(e)(3) and (6) of the Code the information described in section 1.860D-1(b)(5)(ii) of the Regulations, or any successor regulation thereto. Such information will be provided in the manner described in section 1.860E-2(a)(5) of the Regulations, or any successor regulation thereto.