Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator shall have prepared (based solely on information provided by the Master Servicer or the Swap Counterparty) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder a report setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers): (i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal; (ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof; (iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the Residual Certificate; (A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above; (v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above; (vi) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts; (vii) the amount of any Prepayment Premiums distributed to the Class P Certificates; (viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date; (ix) the amount of the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates; (x) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties; (xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs; (xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan; (xiii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date; (xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates; (xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date; (xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed); (xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date; (xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period; (xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; and (xx) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02. In the case of information furnished pursuant to subclauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator based solely on Mortgage Loan data provided to the Securities Administrator by the Master Servicer (in a format agreed to by the Securities Administrator and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap Counterparty, and the Securities Administrator shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date. (b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall be promptly forwarded to the Securities Administrator, the Securities Administrator shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access. (c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the Trustee. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information). (d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
Appears in 2 contracts
Samples: Trust Agreement (Structured Asset Investment Loan Trust 2005-2), Trust Agreement (Structured Asset Investment Loan Trust 2005-1)
Reports to Certificateholders. (a) On each Distribution DateDate on or prior to a Section 7.01(c) Purchase Event or a Trust Fund Termination Event, the Securities Administrator Trustee shall have prepared prepare (based solely on information provided by the Master Servicer or the Swap CounterpartyServicer) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager each Certificateholder and each Certificateholder Rating Agency a report setting forth the following information (on the basis of Mortgage Loan level information obtained from the ServicersServicers and the Master Servicer):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, other than any Class of Notional Certificates, and in respect of each Component, to the extent applicable, allocable to principal on the Mortgage Loans, including any Subsequent Recovery, Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principalprincipal in each Collateral Group;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, other than the Class AP Certificates and in respect of each Component, allocable to interest and interest, including any Accrual Amount added to the calculation thereofClass Principal Amount of any Class of Accrual Certificates;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the a Residual Certificate;
(iv) for each Collateral Group and in the aggregate, (A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers Master Servicer or any Servicer (or the Master ServicerTrustee) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Aggregate Principal Balance of all the Mortgage Loans as and the Collateral Group of the close of business on the last day of the related Collection Periodeach Collateral Group for such Distribution Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, and the Component Notional Amount of each Component as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) aboveabove (and to the addition of any Accrual Amount in the case of any Class of Accrual Certificates), separately identifying any reduction of any of the foregoing Certificate Principal Amounts or Component Notional Amounts due to Applied Loss AmountsRealized Losses;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool for each Collateral Group and in the aggregate, the amount of any Realized Losses incurred realized with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date, stating separately the amount of Special Hazard Losses, Fraud Losses and Bankruptcy Losses and the aggregate amount of such Realized Losses, and the remaining Special Hazard Loss Amount, Fraud Loss Amount and Bankruptcy Loss Amount;
(ixviii) the amount of the Master Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums Servicing Fees paid during the Collection Due Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance of Mortgage LoansLoans in each Collateral Group and in the aggregate, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basisdelinquent one month, (c) Delinquent 60 to 89 days on a contractual basisdelinquent two months, (d) Delinquent 90 delinquent three or more days on a contractual basismonths, and (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, ;
(fx) the deemed principal balance of each REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in bankruptcy and (g) that are REO Propertieswhich such Distribution Date occurs;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property any Mortgage Loan that became a an REO Property during the preceding calendar month, the principal balance of such Mortgage Loan and the number of such Mortgage Loans as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Interest Shortfalls and Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution distributions made on such Distribution Date;
(xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xviixvi) the amount of any Overcollateralization Deficiency Class P Distributable Amount allocated to the Class P Certificates for that Distribution Date;
(xvii) the aggregate outstanding Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for the Class 1-A1 Certificates, after giving effect to the distributions distribution made in on such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect made by the Cap Counterparty to the Bulk PMI Policy Trust Fund under the Class 1-A1 Cap Agreement; and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; and
(xx) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02. In the case of information furnished pursuant to subclauses (i), (ii) and (vivii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. On any Distribution Date after the occurrence of a Section 7.01(c) Purchase Event, the information required by subclauses (i), (iii), (iv), (v), (vii), (viii), (ix), (x), (xi), (xii) and (xvi) shall be provided to the Holder of the LT-R Certificate and the LTURI-holder with regard to the Lower Tier REMIC 1 Uncertificated Regular Interests in lieu of the Certificates. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities Administrator’s internet website shall , initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000xxx.xxxxxxxxxxxxxxxxxxxxxx.xxxxxx.xxx. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating suchupon request. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above above-parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above above-parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information Mortgage Loan data to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Master Servicer shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap CounterpartyServicer, and the Securities Administrator Master Servicer shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall will be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Master Servicer shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the such Master Servicer’s actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections Section 4.03(a)(i) and 4.03(a)(ii(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
Appears in 2 contracts
Samples: Trust Agreement (Lehman Mortgage Trust 2005-1), Trust Agreement (Lehman Mortgage Trust 2005-1)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared prepare (based solely on information provided by the Master Servicer Servicer, the Group 1 Cap Counterparty, the Group 1 Swap Counterparty, the Balance Guaranteed Cap Counterparty or the Swap CounterpartyGroup 2 Cap Counterparty and, in the case of the payment of Certificate Insurance Premiums, Insured Amounts and Reimbursement Amounts and any amounts received from or paid to the Certificate Insurer, based on information provided by the Trustee (or the Paying Agent on behalf of the Trustee)) and shall make available to the TrusteeCertificateholders, the Certificate Insurer, any NIMS InsurerInsurer and the Group 1 Swap Counterparty a written report, which may be in electronic form (the Swap Counterparty, the Credit Risk Manager and each Certificateholder a report “Distribution Date Statement”) setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers):).
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, other than any Class of Notional Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution distributions to the Holders of the Class P CertificateI-P, Class II-P, Class I-X, Class II-X, Class I-LT-R, Class II-LT-R, Class I-R and Class II-R Certificates, on such Distribution Date, stated separately, and the aggregate amounts, if any, of distributions to the Holders of the Class X I-P, Class II-P, Class I-X, Class II-X, Class I-LT-R, Class II-LT-R, Class I-R and Class II-R Certificates and the Residual Certificateon all Distribution Dates, stated separately;
(iv) the amount, if any, of distributions to the I-CX Component, the I-SX Component, the I-XS Component, the II-CX Component and the II-XS Component on such Distribution Date, stated separately, and the aggregate amounts, if any, of distributions on the I-CX Component, the I-SX Component, the I-XS Component, the II-CX Component and the II-XS Component on all Distribution Dates, stated separately;
(v) (A) by Mortgage Pool and in the aggregate, the aggregate amount of any Advances required to be made with respect to the related Collection Period by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(vvi) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vivii) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Pool 1 Applied Loss Amounts and/or Pool 2 Applied Loss Amounts, as applicable;
(viiviii) the amount of any Prepayment Premiums distributed to the Class I-P and Class II-P Certificates;
(viiiix) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ixx) by Mortgage Pool and in the aggregate, the amount of the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums Premiums, if applicable to such Mortgage Pool, paid during the Collection Period to which such distribution relates;
(xxi) by Mortgage Pool and in the aggregate, the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO PropertiesProperties (the information in this item (xi) to be calculated using the OTS delinquency method);
(xixii) by Mortgage Pool and in the aggregate, the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xiixiii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiiixiv) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Deferred Amounts, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each applicable Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xivxv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates (with a notation if such Certificate Interest Rate reflects the application of the applicable Net Funds Cap);
(xvxvi) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount with respect to each Mortgage Pool and the Pool 1 Senior Principal Distribution Amount, Pool 2 Senior Principal Distribution Amount, Pool 1 Overcollateralization Release Amount and Pool 2 Overcollateralization Release Amount applicable to such Distribution Date;
(xvixvii) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xviixviii) the Pool 1 Overcollateralization Amount and Pool 2 Overcollateralization Amount after giving effect to the distributions made on such Distribution Date;
(xix) the amount of any Pool 1 Overcollateralization Deficiency Amount and Pool 2 Overcollateralization Deficiency after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xixxx) the level of LIBOR and the Certificate Interest Rate of each of the LIBOR Certificates and the Interest-Only Certificates; and;
(xxxxi) the amount of the monthly Certificate Insurance Premium (and the Aggregate Certificate Insurance Premium if different) due to the Certificate Insurer on the related Distribution Date and the amount of any Insured Amounts paid in respect of the Insured Distributions to the Insured Certificates paid out of the Policy Payment Account under the Certificate Insurance Policy and any Reimbursement Amounts paid to the Certificate Insurer;
(xxii) the amount of any payments made by the Group 1 Cap Counterparty to the Supplemental Interest Trust under the Group 1 Cap Agreement, by the Balance Guaranteed Cap Counterparty to the Trust Fund under the Balance Guaranteed Cap Agreement and by the Group 2 Cap Counterparty to the Trust Fund under the Group 2 Cap Agreement;
(xxiii) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Group 1 Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Group 1 Swap Counterparty made pursuant to Section 5.02;
(xxiv) the amount of any FPD Premiums, if any, for such Distribution Date; and
(xxv) whether a Pool 1 Trigger Event or Pool 2 Trigger Event is in effect for that Distribution Date. In addition to the information listed above, for every year in which the Depositor is subject to Exchange Act reporting with respect to the Certificates, such Distribution Date Statement shall also include such other information as is required by Item 1121 (§ 229.1121) of Regulation AB to the extent that the Trustee shall have received any such information from the Depositor, the Sponsor, the Master Servicer, the Servicers, the Custodians, the Group 1 Swap Counterparty, the Cap Counterparty or any Subservicer or Subcontractor therefor, as applicable, no later than four Business Days prior to the Distribution Date. In the case of information furnished pursuant to subclauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered with respect to the holder of Class I-X and Class II-X Certificates and the Class X CertificatesI-CX and I-SX Component) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. On any Distribution Date after the occurrence of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC I Regular Interests or the Pooling REMIC II Regular Interests, the information required by subclauses (i), (iii), (v), (viii), (ix), (x), (xi), (xii), (xiii), (xvi), (xix), (xxi) and (xxii) (and in the case of the Class I-LT-R and Class II-LT-R Certificates, subclause (iii)) shall be provided to the Holder of the Class I-LT-R and/or Class II-LT-R Certificates and the LTURI-holder of the applicable Pooling REMIC Regular Interests. The Securities Administrator Trustee shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) provided to it by the Master Servicer available each month to Certificateholders, the TrusteeCertificate Insurer, any NIMS Insurer, Certificateholders Insurer and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” xxx.xxxxxxxx.xxx”. Assistance in using the website can be obtained by calling the Securities AdministratorTrustee’s customer service desk at 0-(000-) 000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating suchupon request. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. Eastern Time New York City time four (4) Business Days prior to the Distribution Date, and on the information provided to the Trustee by the Group 1 Swap Counterparty, the Group 1 Cap Counterparty, the Balance Guaranteed Cap Counterparty and the Group 2 Cap Counterparty. In preparing or furnishing the foregoing information to the TrusteeCertificateholders, Certificateholders the Certificate Insurer and any NIMS Insurer, the Securities Administrator Trustee shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans (including any First Payment Default Mortgage Loans) and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and to the Trustee by the Master Servicer and (ii) regarding the Group 1 Swap Agreement, the Group 1 Cap Agreement, the Balance Guaranteed Cap Agreement and the Group 2 Cap Agreement, that has been provided to the Trustee by the Group 1 Swap Counterparty, the Group 1 Cap Counterparty, the Balance Guaranteed Cap Counterparty or the Group 2 Cap Counterparty, respectively, and the Securities Administrator Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The Master Servicer shall be entitled to conclusively rely on the Mortgage Loan data provided by each Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee Paying Agent (if other than the Trustee) by the Securities Administrator Trustee no later than 12:00 p.m. Eastern Time one New York City time two Business Day Days prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, company or the Certificate Insurer (which request, if received by the Trustee, Trustee shall be promptly forwarded to the Securities AdministratorMaster Servicer), the Securities Administrator Master Servicer shall provide, or cause to be provided, to the extent such information is available to the Master Servicer exercising reasonable efforts to obtain such information (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer, the Certificate Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer, the Certificate Insurer or and such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to the NIM Securities or an investment in the Certificates; provided, however, that the Securities Administrator Master Servicer shall be entitled to be reimbursed by such Certificateholder or the NIMS Certificate Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared shall, upon written request, prepare and the Trustee shall make available to any NIMS Insurer and to each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections Section 4.03(a)(i) and 4.03(a)(ii(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards makes available such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports to the extent reasonably available (and the Trustee may rely solely upon such information).
(d) The Securities Administrator Trustee shall prepare and file with the Internal Revenue Service (“IRS”), on behalf of the Trust Fund, an application for an employer identification number on IRS Form SS-4 or by any other acceptable method. The Trustee shall also file a Form 8811 as required. The Trustee, upon receipt from the IRS of the Notice of Taxpayer Identification Number Assigned, shall upon request promptly forward a copy of such notice to the Master Servicer and the Depositor. The Trustee shall, to the extent reasonably available, furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer Servicer, to the extent reasonably available, shall provide the Securities Administrator Trustee with such information as is necessary for the Securities Administrator Trustee to prepare such reports comply with the foregoing.
(e) So long as not prohibited by applicable law, the Master Servicer shall provide to the Depositor or to any party designated by the Depositor, as promptly as practicable upon the Depositor's request, any and all loan-level information that the Securities Administrator Depositor may rely solely upon such information)request in any format reasonably requested by the Depositor.
Appears in 2 contracts
Samples: Trust Agreement (Lehman XS Trust 2007-10h), Trust Agreement (Lehman XS Trust 2007-10h)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared (based solely on information provided by the Master Servicer or the Swap CounterpartyServicer) and shall make available to the Trustee, each Certificateholder and any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder Insurer a written report setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers):).
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates other than any Class of Notional Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates Certificate and the Residual Certificate;
(A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any all Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ix) the amount of the Trustee Fees, the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(x) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any either Mortgage Pool with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Net Prepayment Interest Excess, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any the insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the LIBOR Certificates; and
(xx) the amount of any Net Swap Payment payments made by the Cap Provider to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to Fund under the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to Basis Risk Cap and the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02Class X Cap. In the case of information furnished pursuant to subclauses (i), (ii) and (viviii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X CertificatesCertificate) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the TrusteeCertificateholders, any NIMS Insurer, Certificateholders Insurer and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” ”. Assistance in using the website can be obtained by calling the Securities AdministratorTrustee’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. 12:00 p.m.(noon) Eastern Standard Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Trustee shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap CounterpartyServicer, and the Securities Administrator Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall be promptly forwarded to the Securities Administrator, the Securities Administrator Trustee shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as such Certificateholder and any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to the NIM Securities or an investment in the Certificates; provided, however, that the Securities Administrator Trustee shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(iiSection 4.03(a) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator Trustee shall prepare and file with the Internal Revenue Service (“IRS”), on behalf of the Trust Fund, an application for an employer identification number on IRS Form SS-4 or by any other acceptable method. The Trustee shall also file a Form 8811 as required. The Trustee, upon receipt from the IRS of the Notice of Taxpayer Identification Number Assigned, shall upon request promptly forward a copy of such notice to the Master Servicer and the Depositor. The Trustee shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator Trustee with such information as is necessary for the Securities Administrator Trustee to prepare such reports (and the Securities Administrator may rely solely upon such information)reports.
Appears in 2 contracts
Samples: Trust Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-Bc9), Trust Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-Bc10)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared (based solely on information provided by the Master Servicer or the Swap CounterpartyServicer) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder a written report setting forth the following information information, by Mortgage Pool and Certificate Group (on the basis of Mortgage Loan level information obtained from the ServicersServicers and the Master Servicer):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, to the extent applicableother than any Class of Notional Certificates, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principalprincipal in each Mortgage Pool;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates Certificates, other than any Class of Principal Only Certificates, allocable to interest and the calculation thereofinterest;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the a Residual Certificate;
(iv) (A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers Master Servicer or any Servicer (or the Master ServicerTrustee) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Aggregate Principal Balance of all the Mortgage Loans as and the Non-AP Pool Balance of the close of business on the last day of the related Collection Periodeach Mortgage Pool for such Distribution Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;Realized Losses:
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred realized with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date, stating separately the amount of Special Hazard Losses, Fraud Losses and Bankruptcy Losses and the aggregate amount of such Realized Losses, and the remaining Special Hazard Loss Amount, Fraud Loss Amount and Bankruptcy Loss Amount;
(ixviii) the amount of the Master Servicing Fees, Credit Risk Manager’s Servicing Fees and PMI Insurance Premiums Trustee Fees paid during the Collection Due Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basisdelinquent one month, (c) Delinquent 60 to 89 days on a contractual basisdelinquent two months, (d) Delinquent 90 delinquent three or more days on a contractual basismonths, and (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, ;
(fx) the deemed principal balance of each REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in bankruptcy and (g) that are REO Propertieswhich such Distribution Date occurs;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property any Mortgage Loan that became a an REO Property during the preceding calendar month, the principal balance of such Mortgage Loan and the number of such Mortgage Loans as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Interest Shortfalls and Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates, respectively;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; and
(xxxvi) any other "loan level" information for any Mortgage Loans that are delinquent three or more months and any REO Property held by the amount of any Net Swap Payment Trustee that is reported by the Master Servicer to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02Trustee. In the case of information furnished pursuant to subclauses (i), (ii) and (vivii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities Administrator’s Trustee's internet website. The Securities Administrator’s Trustee's internet website shall initially be located at “xxx.xxxxxxx.xxx.” "xxx.xxxxxxxx.xxx\absmbs". Assistance in using the website can be obtained by calling the Securities Administrator’s Trustee's customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. Eastern Standard Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information Mortgage Loan data to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Master Servicer shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap CounterpartyServicer, and the Securities Administrator Master Servicer shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in On each Distribution Date, the first paragraph of this Section 4.03(a) Trustee shall be provided make available to the Trustee by Depositor a copy of the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Dateabove-described written report.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall will be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Master Servicer shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the such Master Servicer's actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(iiSection 4.03(a) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the Trustee. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the CodeFund. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
Appears in 2 contracts
Samples: Trust Agreement (Structured Asset Sec Corp Mort Pas THR Cert Ser 2002 4h), Trust Agreement (Structured Asset Sec Corp Mort Pas THR Cert Ser 2002 4h)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator shall have prepared (based solely on information provided by the Master Servicer or the Swap Counterparty) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager Manager, the Seller and each Certificateholder a report (the “Distribution Date Statement”) setting forth the following information (on the basis of Mortgage Loan level information obtained from the ServicersMaster Servicer):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates, the Class LT-R Certificates and the Residual Class R Certificate;
(iv) (A) the aggregate amount of any Advances required to be made as of the end of the month immediately preceding the month in which the Distribution Date occurs by or on behalf of the Servicers Servicer (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any Prepayment Premiums Charges (which includes Servicer Prepayment Charge Payment Amounts) distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ix) the amount of the Servicing Fees, Fees and the Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(x) [Reserved];
(xi) by Mortgage Pool and in the aggregate, the number and aggregate Scheduled Principal Balance of Mortgage LoansLoans in each Mortgage Pool, as reported to the Securities Administrator by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all each as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO PropertiesProperties (the information in this item (xi) to be calculated utilizing the OTS delinquency method);
(xixii) by Mortgage Pool and in the aggregate, the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xiixiii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiiixiv) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Deferred Amounts, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xivxv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates (with a notation if such Certificate Interest Rate reflects the application of the applicable Net Funds Cap);
(xvxvi) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvixvii) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xviixviii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in on such Distribution Date;
(xviiixix) the amount of any Overcollateralization Deficiency after giving effect to the distributions made on such Distribution Date;
(xx) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Primary Mortgage Insurance Policy during the related Collection Period;
(xixxxi) the level of LIBOR and the Certificate Interest Rate of the Certificates; andfor such Distribution Date;
(xxxxii) the amount of any payments made by the Cap Counterparty to the Supplemental Interest Trust made pursuant to Section 5.07(d);
(xxiii) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.025.07, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 5.07 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02;
(xxiv) whether a Trigger Event is in effect for such Distribution Date; and
(xxv) the amount of any FPD Premiums, if any, for such Distribution Date. In addition to the information listed above, such Distribution Date Statement shall also include such other information as is required by Form 10-D, including, but not limited to, the information required by Item 1121 (§ 229.1121) of Regulation AB. In the case of information furnished pursuant to subclauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. On any Distribution Date after the occurrence of a Section 7.01(c) Purchase Event, the information required by subclauses (i), (iii), (iv), (v), (vii), (viii), (ix), (xi), (xii), (xiii), (xvi), (xix), (xxi) (xxii) and (xxiii) shall be provided to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager, the Seller, the holder of the Class LT-R Certificate and the LTURI-holder with regard to the Lower Tier REMIC 1 Uncertificated Regular Interests in lieu of the Certificates. The Securities Administrator shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. In addition, the Trustee may post the information provided to it under this Section 4.03 by the Securities Administrator at the Trustee’s website initially located at xxxx://xxxxxxxxxxxxxxxxxxx.xxx. The foregoing information and reports shall be prepared and determined by the Securities Administrator based solely on Mortgage Loan data provided to the Securities Administrator by the Master Servicer (in a format agreed to by the Securities Administrator and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution DateDate and on the information provided to the Securities Administrator by the Swap Counterparty and the Cap Counterparty. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator shall be entitled to rely conclusively on the accuracy and completeness of the information or data (i) regarding the Mortgage Loans and the related REO Property, that has been provided to the Securities Administrator by the Master Servicer by each Servicer and Servicer, (ii) regarding the Swap Agreement, that has been provided to the Securities Administrator by the Swap Counterparty and (iii) regarding the Interest Rate Cap Agreement, that has been provided to the Securities Administrator by the Cap Counterparty, and the Securities Administrator shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors or omissions in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one two Business Day Days prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall be promptly forwarded to the Securities Administrator, the Securities Administrator shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a the Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such the Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator shall be entitled to be reimbursed by such Certificateholder or the any NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end Upon request of each calendar yeara Certificateholder and prior to a Section 7.01(c) Purchase Event, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer Securities Administrator shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information).
(d) The Securities Administrator shall shall, to the extent reasonably available, furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall shall, to the extent reasonably available, provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
(e) So long as not prohibited by applicable law, the Master Servicer shall, to the extent reasonably available, provide the Depositor or to any party designated by the Depositor, as promptly as practicable upon the Depositor's request, any and all loan-level information that the Depositor may request in any format reasonably requested by the Depositor. The Depositor shall have the right to publish, disseminate or otherwise utilize such information in its discretion, subject to applicable laws and regulations.
Appears in 2 contracts
Samples: Trust Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2007-Wf1), Trust Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2007-Wf1)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared prepare (based solely on information provided by the Master Servicer or the Swap CounterpartyServicer) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager each Certificateholder and each Certificateholder Rating Agency a report setting forth the following information (on the basis of Mortgage Loan level information obtained from the ServicersServicers and the Master Servicer):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, other than any Class of Notional Certificates, and in respect of each Component, to the extent applicable, allocable to principal on the Mortgage Loans, including any Subsequent Recovery, Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principalprincipal in each Mortgage Pool;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates Certificates, other than the Class AP Certificates, and in respect of each Component, allocable to interest and interest, including any Accrual Amount added to the calculation thereofClass Principal Amount of any Class of Accrual Certificates;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the a Residual Certificate;
(iv) for each Mortgage Pool and in the aggregate, (A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers Master Servicer or any Servicer (or the Master ServicerTrustee) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Aggregate Principal Balance of all the Mortgage Loans as and the Non-AP Pool Balance of the close of business on the last day of the related Collection Periodeach Mortgage Pool for such Distribution Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, and the Component Principal Amount or Component Notional Amount, as applicable, of each Component as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) aboveabove (and to the addition of any Accrual Amount in the case of any Class of Accrual Certificates), separately identifying any reduction of any of the foregoing Certificate Principal Amounts, Component Principal Amounts or Component Notional Amounts due to Applied Loss AmountsRealized Losses;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by for each Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred realized with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date, stating separately the amount of Special Hazard Losses, Fraud Losses and Bankruptcy Losses and the aggregate amount of such Realized Losses, and the remaining Special Hazard Loss Amount, Fraud Loss Amount and Bankruptcy Loss Amount;
(ixviii) the amount of the Master Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums Servicing Fees paid during the Collection Due Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance of Mortgage LoansLoans in each Mortgage Pool and in the aggregate, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basisdelinquent one month, (c) Delinquent 60 to 89 days on a contractual basisdelinquent two months, (d) Delinquent 90 delinquent three or more days on a contractual basismonths, and (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, ;
(fx) the deemed principal balance of each REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in bankruptcy and (g) that are REO Propertieswhich such Distribution Date occurs;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property any Mortgage Loan that became a an REO Property during the preceding calendar month, the principal balance of such Mortgage Loan and the number of such Mortgage Loans as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Interest Shortfalls and Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution distributions made on such Distribution Date;
(xiv) the Certificate Interest Rate or Component Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates and each Component, respectively;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);; and
(xviixvi) the amount of any Overcollateralization Deficiency Class P Distributable Amount after giving effect allocated to the distributions made in such Class P Certificates for that Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; and
(xx) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02. In the case of information furnished pursuant to subclauses (i), (ii) and (vivii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities Administrator’s internet website shall , initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000xxx.xxxxxxxx.xxx. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating suchupon request. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above above-parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above above-parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information Mortgage Loan data to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Master Servicer shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap CounterpartyServicer, and the Securities Administrator Master Servicer shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall will be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Master Servicer shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the such Master Servicer’s actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections Section 4.03(a)(i) and 4.03(a)(ii(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
Appears in 2 contracts
Samples: Trust Agreement (Structured Asset Securities Corp. 2005-14), Trust Agreement (Structured Asset Securities Corp Trust 2005-6)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator shall have prepared (based solely on information provided by the Master Servicer or the Swap Counterparty) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager Manager, the Certificate Insurer and each Certificateholder a report setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the Residual Certificate;
(A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ix) the amount of the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(x) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; andfor such Distribution Date;
(xx) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02;
(xxi) the amount of the Class A8 Insurance Premium and Class A9 Insurance Premium (or the related Aggregate Certificate Insurance Premium, if different) due to the Certificate Insurer on the related Distribution Date and the amount of any Insured Amounts paid to the Insured Certificates paid out of the Policy Payments Account under the related Certificate Insurance Policy;
(xxii) the amount of any Class A9 Deferred Amount Interest; and
(xxiii) whether a Sequential Trigger Event is in effect for such Distribution Date. In the case of information furnished pursuant to subclauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders Certificateholders, the Certificate Insurer and the Rating Agencies via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator based solely on Mortgage Loan data provided to the Securities Administrator by the Master Servicer (in a format agreed to by the Securities Administrator and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, that has been provided to the Securities Administrator by the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided to the Securities Administrator by the Swap Counterparty, and the Securities Administrator shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time New York City time one Business Day prior to the Distribution Date; provided, however, that the Securities Administrator will provide notice to the Trustee if a claim for an Insured Amount or any Regular Payment is required to be made by the Certificate Insurer, and the amount thereof, no later than 10:00 a.m. New York City time on the second Business Day prior to a Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, or the Certificate Insurer which request, if received by the Trustee, shall be promptly forwarded to the Securities Administrator, the Securities Administrator shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the Trustee. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer Securities Administrator shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information).
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
Appears in 2 contracts
Samples: Trust Agreement (Structured Asset Investment Loan Trust 2005-5), Trust Agreement (Structured Asset Investment Loan Trust 2005-5)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared (based solely on information provided by the Master Servicer or the Swap CounterpartyServicer) and shall make available to the Trustee, each Certificateholder and any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder Insurer a written report setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers):).
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates other than any Class of Notional Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates Certificate and the Residual Certificate;
(A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any all Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ix) the amount of the Trustee Fees, the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(x) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any either Mortgage Pool with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Net Prepayment Interest Excess, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any the insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy Policies during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the LIBOR Certificates; and
(xx) the amount of any Net Swap Payment payments made by the Cap Provider to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to Fund under the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to Basis Risk Cap and the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02Class X Cap. In the case of information furnished pursuant to subclauses (i), (ii) and (viviii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X CertificatesCertificate) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the TrusteeCertificateholders, any NIMS Insurer, Certificateholders Insurer and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” ”. Assistance in using the website can be obtained by calling the Securities AdministratorTrustee’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. 12:00 p.m.(noon) Eastern Standard Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Trustee shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap CounterpartyServicer, and the Securities Administrator Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall be promptly forwarded to the Securities Administrator, the Securities Administrator Trustee shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as such Certificateholder and any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to the NIM Securities or an investment in the Certificates; provided, however, that the Securities Administrator Trustee shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(iiSection 4.03(a) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator Trustee shall prepare and file with the Internal Revenue Service (“IRS”), on behalf of the Trust Fund, an application for an employer identification number on IRS Form SS-4 or by any other acceptable method. The Trustee shall also file a Form 8811 as required. The Trustee, upon receipt from the IRS of the Notice of Taxpayer Identification Number Assigned, shall upon request promptly forward a copy of such notice to the Master Servicer and the Depositor. The Trustee shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator Trustee with such information as is necessary for the Securities Administrator Trustee to prepare such reports (and the Securities Administrator may rely solely upon such information)reports.
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2002-Bc8)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared prepare (based solely on information provided by the Master Servicer Servicer, the Cap Counterparty or the Swap Counterparty) and shall make available to the Trustee, any NIMS Insurer, Certificateholders and the Swap CounterpartyCounterparty a written report, which may be in electronic form (the Credit Risk Manager and each Certificateholder a report “Distribution Date Statement”) setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers):).
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Offered Certificates, to the extent applicableother than any Class of Notional Certificates, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Offered Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution distributions to the Holders of the Class P CertificateC, Class P, Class X, Class C-X, Class S-X, Class LT-R and Class R Certificates on such Distribution Date, stated separately, and the aggregate amounts, if any, of distributions to the Holders of the Class X C, Class P, Class X, Class C-X, Class S-X, Class LT-R and Class R Certificates and the Residual Certificateon all Distribution Dates, stated separately;
(iv) (A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ixviii) the amount of the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xix) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Mortgage Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xiixi) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiiixii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Deferred Amounts, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each applicable Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xivxiii) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates (with a notation if such Certificate Interest Rate reflects the application of the applicable Net Funds Cap);
(xvxiv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount and the Senior Principal Distribution Amount and the Overcollateralization Release Amount applicable to such Distribution Date;
(xvixv) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvi) the Overcollateralization Amount after giving effect to the distributions made on such Distribution Date;
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of each of the LIBOR Certificates; and;
(xix) the amount of any payments made by the Cap Counterparty to the Trust Fund under the Cap Agreement;
(xx) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02; and
(xxi) such other information as is required by Form 10-D, including, but not limited to, the information required by Item 1121 (§ 229.1121) of Regulation AB, other than those data elements specified in Item 1121(a)(11), (12) and (14). In the case of information furnished pursuant to subclauses sub-clauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered with respect to the holder of the Class X, Class C-X and Class S-X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. On any Distribution Date after the occurrence of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 1 Regular Interests, the information required by subclauses (i), (ii), (iv), (v), (vii), (viii), (ix), (x), (xi), (xii), (xv) (and in the case of the Class LT-R Certificates, subclause (iii)) shall be made available to the Holder of the Class LT-R Certificates and the LTURI-holder of the Pooling REMIC 1 Regular Interests. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) provided to it by the Master Servicer available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” xxx.xxxxxxxx.xxx”. Assistance in using the website can be obtained by calling the Securities AdministratorTrustee’s customer service desk at 0-(000-) 000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating suchupon request. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurerinformation, the Securities Administrator Trustee shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and to the Trustee by the Master Servicer and (ii) regarding the Swap Agreement, that has been provided to the Trustee by the Swap Counterparty, and the Securities Administrator Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, company (which request, if received by the Trustee, shall Trustee will be promptly forwarded to the Securities AdministratorMaster Servicer), the Securities Administrator Master Servicer shall provide, or cause to be provided, to the extent such information is available to the Master Servicer exercising reasonable efforts to obtain such information (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to the NIM Securities or an investment in the Certificates; provided, however, that the Securities Administrator Trustee shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared shall, upon written request, prepare and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections Section 4.03(a)(i) and 4.03(a)(ii(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards makes available such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator Trustee shall prepare and file with the Internal Revenue Service (“IRS”), on behalf of the Trust Fund, an application for an employer identification number on IRS Form SS-4 or by any other acceptable method. The Trustee shall also file a Form 8811 as required. The Trustee, upon receipt from the IRS of the Notice of Taxpayer Identification Number Assigned, shall upon request promptly forward a copy of such notice to the Master Servicer and the Depositor. The Trustee shall, to the extent reasonably available, furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer Servicer, to the extent reasonably available, shall provide the Securities Administrator Trustee with such information as is necessary for the Securities Administrator Trustee to prepare such reports (and comply with the Securities Administrator may rely solely upon such information)foregoing.
Appears in 1 contract
Reports to Certificateholders. (a) On each Distribution DateDate on or prior to a Section 7.01(c) Purchase Event or a Trust Fund Termination Event, the Securities Administrator Trustee shall have prepared prepare (based solely on information provided by the Master Servicer or and the Swap CounterpartyCap Counterparty (other than item (xx) below, which shall be determined solely by the Trustee)) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager each Certificateholder and each Certificateholder Rating Agency a report (the “Distribution Date Statement”), setting forth the following information (on the basis of Mortgage Loan level information obtained from the ServicersMaster Servicer (other than with respect to item (xix) below)):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, other than any Class of Notional Certificates, and in respect of any Component, to the extent applicable, allocable to principal on the Mortgage Loans, including any Subsequent Recovery, Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principalprincipal in each Mortgage Pool;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates Certificates, other than the Class AP Certificates, and in respect of any Component, allocable to interest and the calculation thereofinterest;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the a Residual Certificate;
(iv) for each Collateral Group and in the aggregate, (A) the aggregate amount of any Advances required to be made as of the end of the month immediately preceding the month in which such Distribution Date occurs by or on behalf of the Servicers Master Servicer or a Servicer (or the Trustee solely in its capacity as successor Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Aggregate Principal Balance of all the Mortgage Loans as and the Non-AP Pool Balance of the close of business on the last day of the related Collection Periodeach Mortgage Pool for such Distribution Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, and the Component Principal Amount or Component Notional Amount, as applicable, of each Component as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) aboveabove (and to the addition of any Accrual Amount in the case of any Class of Accrual Certificates), separately identifying any reduction of any of the foregoing Certificate Principal Amounts, Component Principal Amounts or Component Notional Amounts due to Applied Loss AmountsRealized Losses;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool for each Collateral Group and in the aggregate, the amount of any Realized Losses incurred realized with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date, stating separately the amount of Special Hazard Losses, Fraud Losses and Bankruptcy Losses and the aggregate amount of such Realized Losses, and the remaining Special Hazard Loss Amount, Fraud Loss Amount and Bankruptcy Loss Amount;
(ixviii) the amount of the Master Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums Servicing Fees paid during the Collection Due Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance outstanding principal balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding outstanding, (b) Delinquent delinquent 30 to 59 days on a contractual basisdays, (c) Delinquent delinquent 60 to 89 days on a contractual basisdays, (d) Delinquent delinquent 90 or more days on a contractual basisdays, (e) as to which foreclosure proceedings have been commenced, all as of the close of business on the last Business Day of the calendar month immediately before the month in which that Distribution Date occurs, (f) in bankruptcy, (g) that are REO Properties, (h) that are Charged-off Loans and (i) that are Released Mortgage Loans (the information in this item (ix) will be calculated using the MBA delinquency method);
(x) the deemed principal balance of each REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property any Mortgage Loan that became a an REO Property during the preceding calendar month, the principal balance of such Mortgage Loan and the number of such Mortgage Loans as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Interest Shortfalls and Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution distributions made on such Distribution Date;
(xiv) the Certificate Interest Rate or Component Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates and each Component, respectively;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xviixvi) the amount of any Overcollateralization Deficiency Amount payments distributed to the Class X Certificates for such Distribution Date;
(xvii) the aggregate outstanding Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, after giving effect to the distributions distribution made in on such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect made by the Cap Counterparty to the Bulk PMI Policy and Trustee on behalf of the Supplemental Interest Trust under any LPMI Policy during the related Collection PeriodCap Agreement;
(xix) a statement as to whether any exchanges of Exchangeable Certificates or Exchange Certificates have taken place since the level preceding Distribution Date, and, if applicable, the Class of LIBOR Certificates, certificate balances, including notional balances, certificate interest rates, and any interest and principal paid, including any shortfalls allocated, of any classes of certificates that were received by the Certificate Interest Rate Certificateholder as a result of the Certificates; andsuch exchange;
(xx) the amount of any Net Swap Payment FPD Premiums, if any, for such Distribution Date; and
(xxi) the amount of any Soft Prepayment Penalties and Hard Prepayment Penalties collected by the Master Servicer in respect of the Designated Mortgage Loans and paid to the Supplemental Interest Trust made Class P Components of the Class 1-A9 Certificates, in the case of Soft Prepayment Penalties, and the Class 1-A10 Certificates, in the case of Hard Prepayment Penalties. In addition to the information listed above, for every year in which the Depositor is subject to Exchange Act reporting with respect to the Certificates, such Distribution Date Statement shall also include, to the extent that the Trustee shall have received any such information from the Depositor, the Sponsor, the Master Servicer or the Servicer, as applicable, no later than four Business Days prior to the related Distribution Date, such other information as is required by Form 10-D, including, but not limited to, the information required by Item 1121 (§ 229.1121) of Regulation AB, other than those data elements specified in Item 1121(a)(11), (12) and (14) for as long as reports on From 10-D are required to be filed by the Trustee pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.026.20. In the case of information furnished pursuant to subclauses (i), (ii) and (vivii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. On any Distribution Date after the occurrence of a Section 7.01(c) Purchase Event, the information required by subclauses (i), (iii), (iv), (v), (vii), (viii), (ix), (x), (xi), (xii) and (xvi) shall be provided to the Holder of the LT-R Certificate and the LTURI Holder with regard to the Lower Tier REMIC I Uncertificated Regular Interests in lieu of the Certificates. The Securities Administrator Trustee shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxxxxx.xxxxxx.xxx/xxx.” Assistance in using the website can be obtained by calling the Securities AdministratorTrustee’s customer service desk at 0-(000-) 000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format attached hereto as Exhibit V or in such other format mutually agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution DateDate (or such other time period set forth in Section 9.23(b)). In preparing or furnishing the foregoing information Mortgage Loan data to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Master Servicer shall be entitled to rely conclusively on the accuracy of the information or data regarding the Mortgage Loans (including any First Payment Default Mortgage Loan) and the related REO Property that has been provided to the Master Servicer by each Servicer, and the Master Servicer shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. In preparing or furnishing the foregoing information to the Certificateholders, the Trustee shall be entitled to rely conclusively on the accuracy and completeness of the information and data (i) regarding the Mortgage Loans and the related REO Property, that has been provided to the Trustee by the Master Servicer by each Servicer Servicer, and (ii) regarding the Swap AgreementCap Agreements, that has been provided to the Trustee by the Swap Cap Counterparty, and the Securities Administrator Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors or omissions in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall will be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Master Servicer shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the such Master Servicer’s actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections Section 4.03(a)(i) and 4.03(a)(ii(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information (to the extent available to the Master Servicer pursuant to this Agreement and each Servicing Agreement) as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information).
(d) The Securities Administrator shall Trustee shall, to the extent reasonably available, furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall shall, to the extent reasonably available, provide the Securities Administrator Trustee with such information as is necessary for the Securities Administrator Trustee to prepare such reports (and the Securities Administrator Trustee may rely solely upon such information).
(e) So long as not prohibited by applicable law, the Master Servicer shall provide to the Depositor or to any party designated by the Depositor, as promptly as practicable upon the Depositor’s request, any and all loan-level information that the Depositor may request in any format reasonably requested by the Depositor.
Appears in 1 contract
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator shall have prepared (based solely on information provided by the Master Servicer or the Swap Cap Counterparty) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder a report setting forth the following information (on the basis of Mortgage Loan level information obtained from the ServicersServicer):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the Residual Certificate;
(A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers Servicer (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ix) the amount of the Servicing Fees, Securities Administrator Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(x) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; and
(xx) the amount of any Net Swap Payment payments made by the Cap Counterparty to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to Fund under the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02Cap Agreement. In the case of information furnished pursuant to subclauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator based solely on Mortgage Loan data provided to the Securities Administrator by the Master Servicer (in a format agreed to by the Securities Administrator and the Master Servicer) no later than 2:00 p.m. 12:00 p.m.(noon) Eastern Time four Business Days prior to the Distribution DateDate and by the information provided by the Cap Counterparty. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each the Servicer and (ii) regarding on the Swap Agreement, that has been information provided by the Swap Cap Counterparty, and the Securities Administrator shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 2:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, company which request, if received by the Trustee, shall be promptly forwarded to the Securities Administrator, the Securities Administrator shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a the Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such the Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the Trustee. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information).
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
Appears in 1 contract
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared (based solely on information provided by the Master Servicer or the Swap CounterpartyCap Provider) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder a report setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates other than any Class of Notional Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the Residual Certificate;
(A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ix) the amount of the Trustee Fees, Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(x) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; and
(xx) the amount of any Net Swap Payment payments made by the Cap Provider to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to Fund under the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02Cap Agreement. In the case of information furnished pursuant to subclauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator Trustee shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities AdministratorTrustee’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. 12:00 p.m.(noon) Eastern Standard Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Trustee shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap CounterpartyServicer, and the Securities Administrator Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall be promptly forwarded to the Securities Administrator, the Securities Administrator Trustee shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Trustee shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the Trustee. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information).
(d) The Securities Administrator Trustee shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator Trustee with such information as is necessary for the Securities Administrator Trustee to prepare such reports (and the Securities Administrator Trustee may rely solely upon such information).
Appears in 1 contract
Samples: Trust Agreement (First Franklin Mortgage Loan Trust 2004-Ff7)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared (based solely on information provided by the Master Servicer or the Swap CounterpartyServicer) and shall make available to the Trustee, each Certificateholder and any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder Insurer a written report setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers):Servicer).
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates other than any Class of Notional Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the Residual Certificate;
(A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers Servicer (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any all Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ix) the amount of the Trustee Fees, the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums Premium Payments paid during the Collection Period to which such distribution relates;
(x) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, Loan and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Basis Risk Net Funds Cap Shortfalls and Unpaid Basis Risk Net Funds Cap Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any the insurance claim payments received with respect to the Bulk PMI Policy and any LPMI each Pool Insurance Policy during the related Collection Period;, the Old Republic Undrawn Pool Insurance Policy Balance and the United Guaranty Undrawn Pool Insurance Policy Balance; and
(xix) the level of LIBOR and the Certificate Interest Rate of the LIBOR Certificates; and
(xx) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02. In the case of information furnished pursuant to subclauses (i), (ii) and (viviii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the TrusteeCertificateholders, any NIMS Insurer, Certificateholders Insurer and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” ”. Assistance in using the website can be obtained by calling the Securities AdministratorTrustee’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. 12:00 p.m.(noon) Eastern Standard Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Trustee shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans Loans, related REO Property and the related REO Property, Pool Insurance Policies that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided Trustee by the Swap CounterpartyMaster Servicer, and the Securities Administrator Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall be promptly forwarded to the Securities Administrator, the Securities Administrator Trustee shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a the Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such the Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as such Certificateholder and any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to the NIM Securities or an investment in the Certificates; provided, however, that the Securities Administrator Trustee shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(iiSection 4.03(a) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator Trustee shall prepare and file with the Internal Revenue Service (“IRS”), on behalf of the Trust Fund, an application for an employer identification number on IRS Form SS 4 or by any other acceptable method. The Trustee shall also file a Form 8811 as required. The Trustee, upon receipt from the IRS of the Notice of Taxpayer Identification Number Assigned, shall upon request promptly forward a copy of such notice to the Master Servicer and the Depositor. The Trustee shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator Trustee with such information as is necessary for the Securities Administrator Trustee to prepare such reports (and the Securities Administrator may rely solely upon such information)reports.
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003-S2)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator shall have prepared (based solely on information provided by the Swap Counterparty or the Servicer to the Master Servicer or the Swap CounterpartySecurities Administrator) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager Manager, the Mortgage Loan Administrator, the Seller and each Certificateholder a report (the “Distribution Date Statement”) setting forth the following information (on the basis of Mortgage Loan level information obtained from the ServicersMaster Servicer):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates Certificates, the Class LT-R Certificates, and the Residual Certificate;
(iv) (A) the aggregate amount of any Advances required to be made as of the end of the month immediately preceding the month in which the Distribution Date occurs by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ix) the amount of the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(x) by Mortgage Pool and in the aggregate, the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator by the Master Servicer, (a) remaining outstanding outstanding, (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO PropertiesProperties (the information in this item (x) to be calculated utilizing the OTS delinquency method);
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; andfor such Distribution Date;
(xx) the amount of any payments made by the Cap Counterparty to the Supplemental Interest Trust made pursuant to Section 5.07(e);
(xxi) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.025.07, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.025.07, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 5.07 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.025.07;
(xxii) the amount of any PPTL Premiums and FPD Premiums, if any, for such Distribution Date; and
(xxiii) the amount of any deposit in the Final Maturity Reserve Account, and, on the earlier of the Distribution Date in December 2036 and the termination of the Trust Fund, the amount distributed from the Final Maturity Reserve Account. In addition to the information listed above, such Distribution Date Statement shall also include such other information as is required by Item 1121 (§ 229.1121) of Regulation AB and as provided to the Securities Administrator pursuant to this Agreement. In the case of information furnished pursuant to subclauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. On any Distribution Date after the occurrence of a Section 7.01(c) Purchase Event, the information required by subclauses (i), (iii), (iv), (v), (vii), (viii), (ix), (x), (xi), (xii), (xv), (xvii), (xviii), (xx) and (xxi) shall be made available to the Trustee, the NIMS Insurer, the Swap Counterparty, the Credit Risk Manager, the Seller, the holder of the Class LT-R Certificate and the LTURI-holder with regard to the Lower Tier REMIC 1 Uncertificated Regular Interests in lieu of the Certificates. The Securities Administrator shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator based solely on Mortgage Loan data provided to the Securities Administrator by the Master Servicer (in a format agreed to by the Securities Administrator and the Master Servicerattached hereto as Exhibit J) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date, and on the information provided to the Securities Administrator by the Swap Counterparty and the Cap Counterparty. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator shall be entitled to rely conclusively on the accuracy and completeness of the information or data (i) regarding the Mortgage Loans and the related REO Property, that has been provided to the Securities Administrator by the Master Servicer by and each Servicer and Servicer, (ii) regarding the Swap Agreement, that has been provided to the Securities Administrator by the Swap Counterparty and (iii) regarding the Interest Rate Cap Agreement, that has been provided to the Securities Administrator by the Cap Counterparty, and the Securities Administrator shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors or omissions in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided made available to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior the Distribution Date. Concurrently with the distribution by the Master Servicer of the Mortgage Loan data to the Securities Administrator, the Master Servicer shall also make available a copy of such Mortgage Loan data to the Credit Risk Manager no later than the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall be promptly forwarded to the Securities Administrator, the Securities Administrator shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end Upon request of each calendar yeara Certificateholder and prior to a Section 7.01(c) Purchase Event, the Trustee Securities Administrator shall have prepared and the Trustee Securities Administrator shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee Securities Administrator shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information).
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
Appears in 1 contract
Samples: Trust Agreement (Sasco 2006-Bc4)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator shall have prepared (based solely on information provided by the Master Servicer or the Swap Counterparty) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder a report setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the Residual Certificate;
(A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ix) the amount of the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(x) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; and;
(xx) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02;
(xxi) whether a Sequential Trigger Event is in effect for that Distribution Date; and
(xxii) the amount of any Final Maturity Reserve Amount deposited in the Final Maturity Reserve Account, and, on the earlier of the Distribution Date in July 2035 and the termination of the Trust Fund, the amount distributed from the Final Maturity Reserve Account. In the case of information furnished pursuant to subclauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator based solely on Mortgage Loan data provided to the Securities Administrator by the Master Servicer (in a format agreed to by the Securities Administrator and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, that has been provided to the Securities Administrator by the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided to the Securities Administrator by the Swap Counterparty, and the Securities Administrator shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. 11:00 a.m. Eastern Time one two Business Day Days prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall be promptly forwarded to the Securities Administrator, the Securities Administrator shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the Trustee. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer Securities Administrator shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information).
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Investment Loan Trust 2005-6)
Reports to Certificateholders. (a) On each Distribution DateDate on or prior to a Section 7.01(c) Purchase Event or a Trust Fund Termination Event, the Securities Administrator Trustee shall have prepared prepare (based solely on information provided by the Master Servicer or and the Swap CounterpartyCap Counterparty (other than item (xx) below, which shall be determined solely by the Trustee)) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager each Certificateholder and each Certificateholder Rating Agency a report (the “Distribution Date Statement”), setting forth the following information (on the basis of Mortgage Loan level information obtained from the ServicersMaster Servicer (other than with respect to item (xx) below)):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, other than any Class of Notional Certificates, and in respect of any Component, to the extent applicable, allocable to principal on the Mortgage Loans, including any Subsequent Recovery, Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principalprincipal in each Mortgage Pool;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates Certificates, other than the Class AP Certificates, and in respect of any Component, allocable to interest and interest, including any Accrual Amount added to the calculation thereofClass Principal Amount of any Class of Accrual Certificates;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the a Residual Certificate;
(iv) for each Collateral Group and in the aggregate, (A) the aggregate amount of any Advances required to be made as of the end of the month immediately preceding the month in which such Distribution Date occurs by or on behalf of the Servicers Master Servicer or a Servicer (or the Trustee solely in its capacity as successor Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Aggregate Principal Balance of all the Mortgage Loans as and the Non-AP Pool Balance of the close of business on the last day of the related Collection Periodeach Mortgage Pool for such Distribution Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, and the Component Principal Amount or Component Notional Amount, as applicable, of each Component as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) aboveabove (and to the addition of any Accrual Amount in the case of any Class of Accrual Certificates), separately identifying any reduction of any of the foregoing Certificate Principal Amounts, Component Principal Amounts or Component Notional Amounts due to Applied Loss AmountsRealized Losses;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool for each Collateral Group and in the aggregate, the amount of any Realized Losses incurred realized with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date, stating separately the amount of Special Hazard Losses, Fraud Losses and Bankruptcy Losses and the aggregate amount of such Realized Losses, and the remaining Special Hazard Loss Amount, Fraud Loss Amount and Bankruptcy Loss Amount;
(ixviii) the amount of the Master Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums Servicing Fees paid during the Collection Due Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance outstanding principal balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding outstanding, (b) Delinquent delinquent 30 to 59 days on a contractual basisdays, (c) Delinquent delinquent 60 to 89 days on a contractual basisdays, (d) Delinquent delinquent 90 or more days on a contractual basisdays, (e) as to which foreclosure proceedings have been commenced, all as of the close of business on the last Business Day of the calendar month immediately before the month in which that Distribution Date occurs, (f) in bankruptcy, (g) that are REO Properties, (h) that are Charged-off Loans and (i) that are Released Mortgage Loans (the information in this item (ix) will be calculated using the MBA delinquency method);
(x) the deemed principal balance of each REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property any Mortgage Loan that became a an REO Property during the preceding calendar month, the principal balance of such Mortgage Loan and the number of such Mortgage Loans as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Interest Shortfalls and Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution distributions made on such Distribution Date;
(xiv) the Certificate Interest Rate or Component Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates and each Component, respectively;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xviixvi) the amount of any Overcollateralization Deficiency Amount payments distributed to the Class X Certificates for such Distribution Date;
(xvii) the aggregate outstanding Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, after giving effect to the distributions distribution made in on such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect made by the Cap Counterparty to the Bulk PMI Policy and Trustee on behalf of the Supplemental Interest Trust under any LPMI Policy during the related Collection PeriodCap Agreement;
(xix) the level amount of LIBOR any Prepayment Penalty Amounts collected by the Servicers and paid to the Certificate Interest Rate of the CertificatesClass P Components; and
(xx) a statement as to whether any exchanges of Exchangeable Certificates or Exchange Certificates have taken place since the amount preceding Distribution Date, and, if applicable, the Class of Certificates, certificate balances, including notional balances, certificate interest rates, and any interest and principal paid, including any shortfalls allocated, of any Net Swap Payment classes of certificates that were received by the Certificateholder as a result of such exchange. In addition to the Supplemental Interest Trust made information listed above, for every year in which the Depositor is subject to Exchange Act reporting with respect to the Certificates, such Distribution Date Statement shall also include, to the extent that the Trustee shall have received any such information from the Depositor, the Sponsor, the Master Servicer or the Servicer, as applicable, no later than four Business Days prior to the related Distribution Date, such other information as is required by Form 10-D, including, but not limited to, the information required by Item 1121 (§ 229.1121) of Regulation AB, other than those data elements specified in Item 1121(a)(11), (12) and (14) for as long as reports on From 10-D are required to be filed by the Trustee pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.026.20. In the case of information furnished pursuant to subclauses (i), (ii) and (vivii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. On any Distribution Date after the occurrence of a Section 7.01(c) Purchase Event, the information required by subclauses (i), (iii), (iv), (v), (vii), (viii), (ix), (x), (xi), (xii) and (xvi) shall be provided to the Holder of the LT-R Certificate and the LTURI Holder with regard to the Lower Tier REMIC I Uncertificated Regular Interests in lieu of the Certificates. The Securities Administrator Trustee shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities AdministratorTrustee’s customer service desk at 0-(000-) 000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format attached hereto as Exhibit V or in such other format mutually agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution DateDate (or such other time period set forth in Section 9.23(b)), and on the information provided to the Trustee by the Cap Counterparty. In preparing or furnishing the foregoing information Mortgage Loan data to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Master Servicer shall be entitled to rely conclusively on the accuracy of the information or data regarding the Mortgage Loans and the related REO Property that has been provided to the Master Servicer by each Servicer, and the Master Servicer shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. In preparing or furnishing the foregoing information to the Certificateholders, the Trustee shall be entitled to rely conclusively on the accuracy and completeness of the information and data (i) regarding the Mortgage Loans and the related REO Property, that has been provided to the Trustee by the Master Servicer by each Servicer Servicer, and (ii) regarding the Swap any Cap Agreement, that has been provided to the Trustee by the Swap Cap Counterparty, and the Securities Administrator Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors or omissions in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall will be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Master Servicer shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the such Master Servicer’s actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections Section 4.03(a)(i) and 4.03(a)(ii(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may shall be entitled to rely solely upon on such information).
(d) The Securities Administrator shall Trustee shall, to the extent reasonably available, furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall shall, to the extent reasonably available, provide the Securities Administrator Trustee with such information as is necessary for the Securities Administrator Trustee to prepare such reports (and the Securities Administrator Trustee may rely solely upon such information).
(e) So long as not prohibited by applicable law, the Master Servicer shall provide to the Depositor or to any party designated by the Depositor, as promptly as practicable upon the Depositor’s request, any and all loan-level information that the Depositor may request in any format reasonably requested by the Depositor.
Appears in 1 contract
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared prepare (based solely on information provided by the Master Servicer or the Swap CounterpartyCap Provider) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder Certificateholders a written report setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers):).
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates (other than the Class 2-AIO Certificates, to the extent applicable), allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates (other then Class CX. Class X, Class P and Class R Certificates) allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution distributions to the Holders of the Class P CertificateP, Class CX, Class X and Class R Certificates on such Distribution Date, stated separately, and the aggregate amounts, if any, of distributions to the Holders of the Class P, Class CX, Class X and Class R Certificates and the Residual Certificateon all Distribution Dates, stated separately;
(A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount, in the case of the Class 2-AIO Certificates) of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Pool 1 Applied Loss Amounts and/or Pool 2 Applied Loss Amounts, as applicable;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ixviii) the amount of the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xix) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Mortgage Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xiixi) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiiixii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Basis Risk Deferred Amounts, Net Funds Cap Shortfalls and Unpaid Basis Risk Net Funds Cap Shortfalls, if any, for each applicable Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xivxiii) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates (with a notation if such Certificate Interest Rate reflects the application of the Net Funds Cap or the specified maximum fixed Certificate Interest Rate, in the case of the Class 2-A1, Class 2-A2 and Class 2-A3 Certificates and the Offered Subordinate Certificates);
(xvxiv) with respect to each Mortgage Pool, the Interest Remittance Amount, the Principal Remittance Amount, the Principal Distribution Amount and the Principal Remittance Aggregate Overcollateralization Release Amount attributable to such Mortgage Pool (based on the Pool Percentage) applicable to such Distribution Date;
(xvixv) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvi) the amount of any Overcollateralization Amount after giving effect to the distributions made on such Distribution Date;
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate Rates of the each Class of LIBOR Certificates; and
(xx) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02. In the case of information furnished pursuant to subclauses sub-clauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered with respect to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator based solely on Mortgage Loan data provided to the Securities Administrator by the Master Servicer (in a format agreed to by the Securities Administrator and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap Counterparty, and the Securities Administrator shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall be promptly forwarded to the Securities Administrator, the Securities Administrator shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the Trustee. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information).
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
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Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared prepare (based solely on information provided by the Master Servicer or the Swap CounterpartyServicer) and shall make available to the Trustee, Certificateholders and any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder Insurer a written report setting forth the following information by Mortgage Pool (on the basis of Mortgage Loan level information obtained from the Servicers):applicable Servicer).
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Offered Certificates, to the extent applicableother than any Class of Notional Certificates, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principalprincipal in each Mortgage Pool;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Offered Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution distributions to the Holders of the Class P CertificateC, Class X and Class R Certificates on such Distribution Date, stated separately, and the aggregate amounts, if any, of distributions to the Holders of the Class C, Class X and Class R Certificates and the Residual Certificateon all Distribution Dates, stated separately;
(iv) by Mortgage Pool and in (A) the aggregate amount of any Advances required to be made as of the end of the month immediately preceding the month in which such Distribution Date occurs by or on behalf of any Servicer (or, if applicable, the Servicers (or the Trustee, solely in its capacity as Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to any Applied Loss AmountsAmount;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ixviii) by Mortgage Pool and in the aggregate, the amount of the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(xix) by Mortgage Pool and in the aggregate, the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basisdelinquent one month, (c) Delinquent 60 to 89 days on a contractual basisdelinquent two months, (d) Delinquent 90 delinquent three or more days on a contractual basismonths, (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xix) by Mortgage Pool and in the aggregate, the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Mortgage Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xiixi) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiiixii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Deferred Amounts, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each applicable Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xivxiii) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates (with a notation if such Certificate Interest Rate reflects the application of the applicable Net Funds Cap);
(xvxiv) with respect to each Mortgage Pool, the Interest Remittance Amount and Amount, the Principal Remittance Amount, the Principal Distribution Amount, the Overcollateralization Release Amount applicable to such Distribution Date;
(xvixv) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvi) the Overcollateralization Amount after giving effect to the distributions made on such Distribution Date;
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of each of the Offered Certificates; and
(xxxix) the amount of any Net Swap Payment payments made to each Class of Certificates that are treated as payments received in respect of a REMIC 2 Regular Interest and the Supplemental Interest Trust made pursuant amount of any payments to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02each Class of Certificates that are not treated as payments received in respect of a REMIC 2 Regular Interest. In the case of information furnished pursuant to subclauses sub-clauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered with respect to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. In addition to the information listed above, such Distribution Date report shall also include such other information as is required by Form 10-D, including, but not limited to, the information required by Item 1121 (§ 229.1121) of Regulation AB. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) provided to it by the Master Servicer available each month to the TrusteeCertificateholders, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance hxxx://xxxxxxxxxxxxxxxxxxxxxx.xxx and assistance in using the website can be obtained by calling emailing the Securities AdministratorTrustee’s customer service desk at 0-000-000-0000cx.xxxxxxxxxxx.xxxxxxxx@xxxxxx.xxx. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The Trustee shall provide a “zero settlement file” to Bloomberg L.P. within seven (7) calendar days after the receipt of the collateral data file from the Depositor, but in no event later than the first Distribution Date, which shall contain all of the information in the initial Monthly Report (without giving effect to any distributions); provided, however, that in no event will such zero settlement file contain any mortgagor-specific information. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution DateDate or such other time period as set forth in Section 9.23(c). In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurerinformation, the Securities Administrator Trustee shall be entitled to rely conclusively on the accuracy and completeness of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each the Servicer and (ii) regarding to the Swap Agreement, that has been provided Trustee by the Swap CounterpartyMaster Servicer, and the Securities Administrator Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors or omissions in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall be promptly forwarded to the Securities Administrator, the Securities Administrator Master Servicer shall provide, or cause to be provided, to the extent such information is available to the Master Servicer exercising reasonable efforts to obtain such information (or, to the extent that such information or documentation is not required to be provided by a the applicable Servicer under the applicable related Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to the NIM Securities or an investment in the Certificates; provided, however, that the Securities Administrator Trustee shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall shall, upon written request, have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and to any NIMs Insurer, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections Section 4.03(a)(i) and 4.03(a)(ii(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, however that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator Trustee shall prepare and file with the Internal Revenue Service (“IRS”), on behalf of the Trust Fund, an application for an employer identification number on IRS Form SS-4 or by any other acceptable method. The Trustee shall also file a Form 8811 as required. The Trustee, upon receipt from the IRS of the Notice of Taxpayer Identification Number Assigned, shall upon request promptly forward a copy of such notice to the Master Servicer and the Depositor. The Trustee shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator Trustee with such information as is necessary for the Securities Administrator Trustee to prepare such reports (and comply with the Securities Administrator may rely solely upon such information)foregoing.
Appears in 1 contract
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator shall have prepared (based solely on information provided by the Master Servicer and the Trustee or the Swap Counterpartyany Cap Provider) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder a report setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates other than any Class of Notional Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the Residual Certificate;
(iv) (A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ix) the amount of the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(x) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Prepayment Interest Excess, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy Policies or other lender-paid Primary Mortgage Insurance Policies during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; and;
(xx) Based upon information provided by the Depositor, the aggregate principal balance of any Subsequent Mortgage Loans acquired by the Trust Fund in the preceding Collection Period and based upon information provided by the Trustee, the amount of funds remaining in each Pre-Funding Account (after taking into account such acquisition); and the amount of funds remaining in the Capitalized Interest Account (after giving effect to distributions on such Distribution Date);
(xxi) the amount of any Net Swap Payment payments made by the Initial Cap Provider to the Supplemental Interest Trust Fund under the Initial Cap Agreement; and
(xxii) the amount of any payments made pursuant to Section 5.02, any Net Swap Payment by the Class 2-A1 Cap Provider to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to Trust Fund under the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02Class 2-A1 Cap Agreement. In the case of information furnished pursuant to subclauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “xxx.xxxxxxx.xxxwxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 01-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator based solely on Mortgage Loan data provided to the Securities Administrator by the Master Servicer (in a format agreed to by the Securities Administrator and the Master Servicer) no later than 2:00 p.m. 12:00 p.m.(noon) Eastern Standard Time four Business Days prior to the Distribution Date (except for Mortgage Loan data relating to Mortgage Loans serviced by HomEq, which shall be provided to the Securities Administrator by the Master Servicer no later than 12:00 p.m. (noon) Eastern Standard Time three Business Days prior to the Distribution Date). In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap CounterpartyServicer, and the Securities Administrator shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. p.m.(noon) Eastern Standard Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall be promptly forwarded to the Securities Administrator, the Securities Administrator shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the Trustee. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information).
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Investment Loan Trust 2004-6)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator shall have prepared (based solely on information provided by the Swap Counterparty or the Servicer to the Master Servicer or the Swap CounterpartySecurities Administrator) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager Manager, the Mortgage Loan Administrator, the Seller and each Certificateholder a report (the “Distribution Date Statement”) setting forth the following information (on the basis of Mortgage Loan level information obtained from the ServicersMaster Servicer):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates Certificates, the Class LT-R Certificates, and the Residual Certificate;
(iv) (A) the aggregate amount of any Advances required to be made as of the end of the month immediately preceding the month in which the Distribution Date occurs by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ix) the amount of the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(x) by Mortgage Pool and in the aggregate, the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator by the Master Servicer, (a) remaining outstanding outstanding, (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO PropertiesProperties (the information in this item (x) to be calculated utilizing the OTS delinquency method);
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; andfor such Distribution Date;
(xx) the amount of any payments made by the Cap Counterparty to the Supplemental Interest Trust made pursuant to Section 5.07(d);
(xxi) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.025.07, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.025.07, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 5.07 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.025.07; and
(xxii) the amount of any PPTL Premiums and FPD Premiums, if any, for such Distribution Date. In addition to the information listed above, such Distribution Date Statement shall also include such other information as is required by Item 1121 (§ 229.1121) of Regulation AB and as provided to the Securities Administrator pursuant to this Agreement. In the case of information furnished pursuant to subclauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. On any Distribution Date after the occurrence of a Section 7.01(c) Purchase Event, the information required by subclauses (i), (iii), (iv), (v), (vii), (viii), (ix), (x), (xi), (xii), (xv), (xvii), (xviii), (xx) and (xxi) shall be made available to the Trustee, the NIMS Insurer, the Swap Counterparty, the Credit Risk Manager, the Seller, the holder of the Class LT-R Certificate and the LTURI-holder with regard to the Lower Tier REMIC 1 Uncertificated Regular Interests in lieu of the Certificates. The Securities Administrator shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “xxx.xxxxxxx.xxxwxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 01-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator based solely on Mortgage Loan data provided to the Securities Administrator by the Master Servicer (in a format agreed to by the Securities Administrator and the Master Servicerattached hereto as Exhibit J) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date, and on the information provided to the Securities Administrator by the Swap Counterparty and the Cap Counterparty. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator shall be entitled to rely conclusively on the accuracy and completeness of the information or data (i) regarding the Mortgage Loans and the related REO Property, that has been provided to the Securities Administrator by the Master Servicer by and each Servicer and Servicer, (ii) regarding the Swap Agreement, that has been provided to the Securities Administrator by the Swap Counterparty and (iii) regarding the Interest Rate Cap Agreement, that has been provided to the Securities Administrator by the Cap Counterparty, and the Securities Administrator shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors or omissions in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided made available to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one two Business Day Days prior to the Distribution Date. Concurrently with the distribution by the Master Servicer of the Mortgage Loan data to the Securities Administrator, the Master Servicer shall also make available a copy of such Mortgage Loan data to the Credit Risk Manager no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall be promptly forwarded to the Securities Administrator, the Securities Administrator shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end Upon request of each calendar yeara Certificateholder and prior to a Section 7.01(c) Purchase Event, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer Securities Administrator shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information).
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
(e) The Master Servicer shall provide to the Depositor or to any party designated by the Depositor, as promptly as practicable upon the Depositor's request, any and all loan-level information that the Depositor may request in any format reasonably requested by the Depositor.
Appears in 1 contract
Samples: Trust Agreement (Sasco 2006-Bc2)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared (based solely on information provided by the Master Servicer or the Swap CounterpartyServicer) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder a report setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates other than any Class of Notional Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates Certificate and the Residual Certificate;
(A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any all Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ix) the amount of the Trustee Fees, the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(x) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Net Prepayment Interest Excess, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any the insurance claim payments received with respect to the any Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; and
(xx) the amount of any Net Swap Payment payments made by the Cap Provider to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to Fund under the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02Cap Agreement. In the case of information furnished pursuant to subclauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X CertificatesCertificate) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall Trustee will make such report and any additional loan level information reasonably requested by the Depositor (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” xxxxx://xxx.xxxxxxxxxxxxxx.xx.xxx/invr. Assistance in using the website can be obtained by calling the Securities Administrator’s customer service investor relations desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service investor relations desk and indicating such. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. 12:00 p.m.(noon) Eastern Standard Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Trustee shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap CounterpartyServicer, and the Securities Administrator Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or and any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall be promptly forwarded to the Securities Administrator, the Securities Administrator Trustee shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Trustee shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(iiSection 4.03(a) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)shall provide any NIMS Insurer with the required tax information applicable to any NIMS Insurer.
(d) The Securities Administrator Trustee shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator Trustee with such information as is necessary for the Securities Administrator Trustee to prepare such reports (and the Securities Administrator may rely solely upon such information)reports.
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Inv Loan Tr Mort Pass-THR Cert Ser 2004-1)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared (based solely on information provided by the Master Servicer or the Swap Counterparty) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder a report setting forth the following information (on the basis of Mortgage Loan level information obtained from the ServicersMaster Servicer):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the Residual Certificate;
(A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers Servicer (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ix) the amount of the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(x) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; and;
(xx) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02; and
(xxi) whether a Sequential Trigger Event is in effect for such Distribution Date. In the case of information furnished pursuant to subclauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator Trustee shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk Trustee at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk number listed above and indicating such. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee on the Distribution Date based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Trustee shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, that has been provided to the Master Servicer by each the Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap Counterparty, and the Securities Administrator Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) Master Servicer shall be entitled to conclusively rely on the Mortgage Loan data provided to the Trustee by the Securities Administrator Servicer and shall have no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Dateliability for any errors in such Mortgage Loan data.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall will be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a the Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Master Servicer shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the Trustee. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information).
(d) The Securities Administrator Trustee shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator Trustee with such information as is necessary for the Securities Administrator Trustee to prepare such reports (and the Securities Administrator Trustee may rely solely upon such information).
Appears in 1 contract
Samples: Trust Agreement (SASCO Mortgage Pass Through Certificates, Series 2005-Nc2)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared prepare (based solely on information provided by the Master Servicer or the Swap Counterpartyany Cap Provider) and shall make available to the Trustee, Certificateholders and any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder Insurer a written report setting forth the following information by Mortgage Pool (on the basis of Mortgage Loan level information obtained from the Servicers):applicable Servicer).
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Offered Certificates, to the extent applicableother than any Class of Notional Certificates, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principalprincipal in each Mortgage Pool;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Offered Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution distributions to the Holders of the Class X-I, Class X-II, Class P Certificateand Class R Certificates on such Distribution Date, stated separately, and the aggregate amounts, if any, of distributions to the Holders of the Class X X-I, Class X-II, Class P and Class R Certificates and the Residual Certificateon all Distribution Dates, stated separately;
(iv) by Mortgage Pool and in (A) the aggregate amount of any Advances required to be made as of the end of the month immediately preceding the month in which such Distribution Date occurs by the Master Servicer or by or on behalf of any Servicer (or, if applicable, the Servicers (or the Trustee, solely in its capacity as Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Pool 1-2 Applied Loss Amounts or Pool 3 Applied Loss Amounts, as applicable;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ixviii) by Mortgage Pool and in the aggregate, the amount of the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(xix) by Mortgage Pool and in the aggregate, the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basisdelinquent one month, (c) Delinquent 60 to 89 days on a contractual basisdelinquent two months, (d) Delinquent 90 delinquent three or more days on a contractual basismonths, (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xix) by Mortgage Pool and in the aggregate, the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xiixi) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiiixii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Deferred Amounts, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each applicable Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xivxiii) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates (with a notation if such Certificate Interest Rate reflects the application of the applicable Net Funds Cap);
(xvxiv) with respect to each Mortgage Pool, the Interest Remittance Amount, the Principal Remittance Amount, the Principal Distribution Amount, the Pool 1-2 Overcollateralization Release Amount and the Principal Remittance Pool 3 Overcollateralization Release Amount applicable to such Distribution Date;
(xvixv) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvi) the Pool 1-2 Overcollateralization Amount and Pool 3 Overcollateralization Amount after giving effect to the distributions made on such Distribution Date;
(xvii) the amount of any Pool 1-2 Overcollateralization Deficiency Amount and Pool 3 Overcollateralization Deficiency after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of each of the Offered Certificates; and
(xxxix) the amount of any Net Swap Payment payments made to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02. In the case of information furnished pursuant to subclauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator based solely on Mortgage Loan data provided to the Securities Administrator by the Master Servicer (in a format agreed to by the Securities Administrator and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap Counterparty, and the Securities Administrator shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall be promptly forwarded to the Securities Administrator, the Securities Administrator shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses that are treated as payments received in respect of the Trust Fund furnished by the Master Servicer to the Trustee. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (a REMIC I-2 Regular Interest or REMIC II-2 Regular Interest and the Trustee may rely solely upon such information).
(d) The Securities Administrator shall furnish amount of any other information payments to each Class of Certificates that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information are not treated as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).payments received in respect of a REMIC I-2 Regular Interest or REMIC II-2
Appears in 1 contract
Reports to Certificateholders. (a) On each Distribution DateDate on or prior to a Section 7.01(c) Purchase Event or a Trust Fund Termination Event, the Securities Administrator Trustee shall have prepared prepare (based solely on information provided by the Master Servicer or the Swap CounterpartyServicer) and shall make available to the Trustee, any NIMS Insurereach Certificateholder, the Swap Counterparty, the Credit Risk Manager Certificate Insurer and each Certificateholder Rating Agency a report setting forth the following information (on the basis of Mortgage Loan level information obtained from the ServicersServicers and the Master Servicer):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, other than any Class of Notional Certificates, and in respect of each Component, to the extent applicable, allocable to principal on the Mortgage Loans, including any Subsequent Recovery, Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principalprincipal in each Mortgage Pool;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, other than the Class AP Certificates and in respect of each Component, allocable to interest and interest, including any Accrual Amount added to the calculation thereofClass Principal Amount of any Class of Accrual Certificates;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the a Residual Certificate;
(iv) for each Mortgage Pool and in the aggregate, (A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers Master Servicer or any Servicer (or the Master ServicerTrustee) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Aggregate Principal Balance of all the Mortgage Loans as and the Non-AP Pool Balance of the close of business on the last day of the related Collection Periodeach Mortgage Pool for such Distribution Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, and the Component Principal Amount or Component Notional Amount of each Component as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) aboveabove (and to the addition of any Accrual Amount in the case of any Class of Accrual Certificates), separately identifying any reduction of any of the foregoing Certificate Principal Amounts, Component Principal Amounts or Component Notional Amounts due to Applied Loss AmountsRealized Losses;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by for each Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred realized with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date, stating separately the amount of Special Hazard Losses, Fraud Losses and Bankruptcy Losses and the aggregate amount of such Realized Losses, and the remaining Special Hazard Loss Amount, Fraud Loss Amount and Bankruptcy Loss Amount;
(ixviii) the amount of the Master Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums Servicing Fees paid during the Collection Due Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance of Mortgage LoansLoans in each Mortgage Pool and in the aggregate, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basisdelinquent one month, (c) Delinquent 60 to 89 days on a contractual basisdelinquent two months, (d) Delinquent 90 delinquent three or more days on a contractual basismonths, and (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, ;
(fx) the deemed principal balance of each REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in bankruptcy and (g) that are REO Propertieswhich such Distribution Date occurs;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property any Mortgage Loan that became a an REO Property during the preceding calendar month, the principal balance of such Mortgage Loan and the number of such Mortgage Loans as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Interest Shortfalls and Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution distributions made on such Distribution Date;
(xiv) the Certificate Interest Rate or Component Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates and each Component, respectively;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xviixvi) the amount of any Overcollateralization Deficiency Class P Distributable Amount allocated to the Class P Certificates for that Distribution Date;
(xvii) the aggregate outstanding Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for the Class 1-A1, Class 1-A6 or Class 1-A7 Certificates, after giving effect to the distributions distribution made in on such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect made by the Cap Counterparty to the Bulk PMI Policy Trust Fund under the Class 1-A1 Cap Agreement, Class 1-A6 Cap Agreement and any LPMI Policy during the related Collection PeriodClass 1-A7 Cap Agreement, respectively;
(xix) the level amount of LIBOR the monthly Certificate Insurance Premium (and the Aggregate Certificate Interest Rate Insurance Premium, if different) due to the Certificate Insurer on the related Distribution Date and the amount of any Insured Payments paid in respect of the CertificatesGuaranteed Distributions to the Class 2-A5 Certificates paid out of the Policy Payment Account under the Certificate Insurance Policy; and
(xx) any amounts withdrawn from the amount of any Net Swap Payment to the Supplemental Interest Trust made Class 2-A5 Reserve Fund pursuant to Section 5.02, any Net Swap Payment to 4.05 for the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02Distribution Date. In the case of information furnished pursuant to subclauses (i), (ii) and (vivii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. On any Distribution Date after the occurrence of a Section 7.01(c) Purchase Event, the information required by subclauses (i), (iii), (iv), (v), (vii), (viii), (ix), (x), (xi), (xii) and (xvi) shall be provided to the Holder of the LT-R Certificate and the LTURI-holder with regard to the Lower Tier REMIC 1 Uncertificated Regular Interests in lieu of the Certificates. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the TrusteeCertificateholders, any NIMS Insurer, Certificateholders the Certificate Insurer and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities Administrator’s internet website shall , initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000xxx.xxxxxxxx.xxx. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating suchupon request. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above above-parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above above-parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information Mortgage Loan data to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Master Servicer shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap CounterpartyServicer, and the Securities Administrator Master Servicer shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, or the Certificate Insurer, which request, if received by the Trustee, shall will be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder or the Certificate Insurer, as applicable, such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Master Servicer shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the such Master Servicer’s actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections Section 4.03(a)(i) and 4.03(a)(ii(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
Appears in 1 contract
Reports to Certificateholders. (a) On each Distribution DateDate on or prior to a Section 7.01(c) Purchase Event or a Trust Fund Termination Event, the Securities Administrator Trustee shall have prepared prepare (based solely on information provided by the Master Servicer or the Swap CounterpartyServicer) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager each Certificateholder and each Certificateholder Rating Agency a report setting forth the following information (on the basis of Mortgage Loan level information obtained from the ServicersServicers and the Master Servicer):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, other than any Class of Notional Certificates, and in respect of each Component, to the extent applicable, allocable to principal on the Mortgage Loans, including any Subsequent Recovery, Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principalprincipal in each Mortgage Pool;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, other than the Class AP Certificates and in respect of each Component, allocable to interest and interest, including any Accrual Amount added to the calculation thereofClass Principal Amount of any Class of Accrual Certificates;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the a Residual Certificate;
(iv) for each Mortgage Pool and in the aggregate, (A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers Master Servicer or any Servicer (or the Master ServicerTrustee) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Aggregate Principal Balance of all the Mortgage Loans as and the Non-AP Pool Balance of the close of business on the last day of the related Collection Periodeach Mortgage Pool for such Distribution Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, and the Component Principal Amount or Component Notional Amount of each Component as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) aboveabove (and to the addition of any Accrual Amount in the case of any Class of Accrual Certificates), separately identifying any reduction of any of the foregoing Certificate Principal Amounts, Component Principal Amounts or Component Notional Amounts due to Applied Loss AmountsRealized Losses;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by for each Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred realized with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date, stating separately the amount of Special Hazard Losses, Fraud Losses and Bankruptcy Losses and the aggregate amount of such Realized Losses, and the remaining Special Hazard Loss Amount, Fraud Loss Amount and Bankruptcy Loss Amount;
(ixviii) the amount of the Master Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums Servicing Fees paid during the Collection Due Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance of Mortgage LoansLoans in each Mortgage Pool and in the aggregate, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basisdelinquent one month, (c) Delinquent 60 to 89 days on a contractual basisdelinquent two months, (d) Delinquent 90 delinquent three or more days on a contractual basismonths, and (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, ;
(fx) the deemed principal balance of each REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in bankruptcy and (g) that are REO Propertieswhich such Distribution Date occurs;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property any Mortgage Loan that became a an REO Property during the preceding calendar month, the principal balance of such Mortgage Loan and the number of such Mortgage Loans as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Interest Shortfalls and Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution distributions made on such Distribution Date;
(xiv) the Certificate Interest Rate or Component Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates and each Component, respectively;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xviixvi) the amount of any Overcollateralization Deficiency Class P Distributable Amount allocated to the Class P Certificates for that Distribution Date;
(xvii) the aggregate outstanding Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for the Class 1-A1, Class 2-A1 or Class 3-A1 Certificates, after giving effect to the distributions distribution made in on such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect made by the Class 1-A1 Cap Counterparty, Class 2-A1 Cap Counterparty and Class 3-A1 Cap Counterparty to the Bulk PMI Policy Trust Fund under the Class 1-A1 Cap Agreement, Class 2-A1 Cap Agreement and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR Class 3-A1 Cap Agreement, respectively; and the Certificate Interest Rate of the Certificates; and
(xx) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02. In the case of information furnished pursuant to subclauses (i), (ii) and (vivii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. On any Distribution Date after the occurrence of a Section 7.01(c) Purchase Event, the information required by subclauses (i), (iii), (iv), (v), (vii), (viii), (ix), (x), (xi), (xii) and (xvi) shall be provided to the Holder of the LT-R Certificate and the LTURI-holder with regard to the Lower Tier REMIC 1 Uncertificated Regular Interests in lieu of the Certificates. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities Administrator’s internet website shall , initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000xxx.xxxxxxxxxxxxxxxxxxxxxx.xxxxxx.xxx. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating suchupon request. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above above-parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above above-parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information Mortgage Loan data to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Master Servicer shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap CounterpartyServicer, and the Securities Administrator Master Servicer shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall will be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Master Servicer shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the such Master Servicer’s actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections Section 4.03(a)(i) and 4.03(a)(ii(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
Appears in 1 contract
Reports to Certificateholders. (a) On each Distribution DateDate on or prior to a Section 7.01(c) Purchase Event or a Trust Fund Termination Event, the Securities Administrator Trustee shall have prepared prepare (based solely on information provided by the Master Servicer or (other than item (xvii) below, which shall be determined solely by the Swap CounterpartyTrustee)) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager each Certificateholder and each Certificateholder Rating Agency a report (the “Distribution Date Statement”), setting forth the following information (on the basis of Mortgage Loan level information obtained from the ServicersMaster Servicer (other than with respect to item (xvii) below)):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, other than any Class of Notional Certificates, and in respect of any Component, to the extent applicable, allocable to principal on the Mortgage Loans, including any Subsequent Recovery, Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principalprincipal in each Mortgage Pool;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates Certificates, and in respect of any Component, allocable to interest and the calculation thereofinterest;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the a Residual Certificate;
(iv) for each Collateral Group and in the aggregate, (A) the aggregate amount of any Advances required to be made with respect to the related Collection Period by or on behalf of the Servicers Master Servicer or a Servicer (or the Trustee solely in its capacity as successor Master Servicer) with respect to such Distribution Date), (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Aggregate Principal Balance of all the Mortgage Loans as and the Pool Balance of the close of business on the last day of the related Collection Periodeach Collateral Group for such Distribution Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, and the Component Principal Amount or Component Notional Amount, as applicable, of each Component as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) aboveabove (and to the addition of any Accrual Amount in the case of any Class of Accrual Certificates), separately identifying any reduction of any of the foregoing Certificate Principal Amounts, Component Principal Amounts or Component Notional Amounts due to Applied Loss AmountsRealized Losses;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool for each Collateral Group and in the aggregate, the amount of any Realized Losses incurred realized with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date, stating separately the amount of Special Hazard Losses, Fraud Losses and Bankruptcy Losses and the aggregate amount of such Realized Losses, and the remaining Special Hazard Loss Amount, Fraud Loss Amount and Bankruptcy Loss Amount;
(ixviii) the amount of the Master Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums Servicing Fees paid during the Collection Due Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance outstanding principal balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding outstanding, (b) Delinquent delinquent 30 to 59 days on a contractual basisdays, (c) Delinquent delinquent 60 to 89 days on a contractual basisdays, (d) Delinquent delinquent 90 or more days on a contractual basisdays, (e) as to which foreclosure proceedings have been commenced, all as of the close of business on the last Business Day of the calendar month immediately before the month in which that Distribution Date occurs, (f) in bankruptcy, (g) that are REO Properties, (h) that are Charged-off Loans and (i) that are Released Mortgage Loans (the information in this item (ix) will be calculated using the MBA delinquency method);
(x) the deemed principal balance of each REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property any Mortgage Loan that became a an REO Property during the preceding calendar month, the principal balance of such Mortgage Loan and the number of such Mortgage Loans as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Interest Shortfalls and Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution distributions made on such Distribution Date;
(xiv) the Certificate Interest Rate or Component Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates and each Component, respectively;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xviixvi) the amount of any Overcollateralization Deficiency Amount after giving effect Prepayment Penalty Amounts collected by the Servicers in respect of the Mortgage Loans and paid to the distributions made in such Class P Components;
(xvii) a statement as to whether any exchanges of Exchangeable Certificates or Exchange Certificates have taken place since the preceding Distribution Date, and, if applicable, the Class of Certificates, certificate balances, including notional balances, certificate interest rates, and any interest and principal paid, including any shortfalls allocated, of any classes of certificates that were received by the Certificateholder as a result of such exchange;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;FPD Premiums, if any, for such Distribution Date; and
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; and
(xx) the amount of any Net Swap Payment Soft Prepayment Penalties and Hard Prepayment Penalties collected by the Master Servicer and paid to the Supplemental Interest Trust made Class P1 and Class P2 Certificates, respectively. In addition to the information listed above, for every year in which the Depositor is subject to Exchange Act reporting with respect to the Certificates, such Distribution Date Statement shall also include, to the extent that the Trustee shall have received any such information from the Depositor, the Sponsor, the Master Servicer or the Servicer, as applicable, no later than four Business Days prior to the related Distribution Date, such other information as is required by Form 10-D, including, but not limited to, the information required by Item 1121 (§ 229.1121) of Regulation AB, other than those data elements specified in Item 1121(a)(11), (12) and (14) for as long as reports on From 10-D are required to be filed by the Trustee pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.026.20. In the case of information furnished pursuant to subclauses (i), (ii) and (vivii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. On any Distribution Date after the occurrence of a Section 7.01(c) Purchase Event, the information required by subclauses (i), (iii), (iv), (v), (vii), (viii), (ix), (x), (xi), (xii) and (xvi) shall be provided to the Holder of the LT-R Certificate and the LTURI Holder with regard to the Lower Tier REMIC I Uncertificated Regular Interests in lieu of the Certificates. The Securities Administrator Trustee shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxxxxx.xxxxxx.xxx/xxx.” Assistance in using the website can be obtained by calling the Securities AdministratorTrustee’s customer service desk at 0-(000-) 000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format attached hereto as Exhibit V or in such other format mutually agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution DateDate (or such other time period set forth in Section 9.23(b)). In preparing or furnishing the foregoing information Mortgage Loan data to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Master Servicer shall be entitled to rely conclusively on the accuracy of the information or data regarding the Mortgage Loans (iincluding any First Payment Default Mortgage Loan) and the related REO Property that has been provided to the Master Servicer by each Servicer, and the Master Servicer shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. In preparing or furnishing the foregoing information to the Certificateholders, the Trustee shall be entitled to rely conclusively on the accuracy and completeness of the information and data regarding the Mortgage Loans and the related REO Property, that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided Trustee by the Swap CounterpartyMaster Servicer, and the Securities Administrator Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors or omissions in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall will be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Master Servicer shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the such Master Servicer’s actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections Section 4.03(a)(i) and 4.03(a)(ii(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information (to the extent available to the Master Servicer pursuant to this Agreement and each Servicing Agreement) as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information).
(d) The Securities Administrator shall Trustee shall, to the extent reasonably available, furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall shall, to the extent reasonably available, provide the Securities Administrator Trustee with such information as is necessary for the Securities Administrator Trustee to prepare such reports (and the Securities Administrator Trustee may rely solely upon such information).
(e) So long as not prohibited by applicable law, the Master Servicer shall provide to the Depositor or to any party designated by the Depositor, as promptly as practicable upon the Depositor’s request, any and all loan-level information that the Depositor may request in any format reasonably requested by the Depositor.
Appears in 1 contract
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator shall have prepared (based solely on information provided by the Master Servicer and the Trustee or the Swap CounterpartyCap Provider) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder a report setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the Residual Certificate;
(A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ix) the amount of the Servicing Fees, Securities Administrator Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(x) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of One-Month LIBOR, Three-Month LIBOR and the Certificate Interest Rate of the Certificates; and
(xx) the amount of any Net Swap Payment payments made by the Cap Provider to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to Fund under the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02Cap Agreement. In the case of information furnished pursuant to subclauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator based solely on Mortgage Loan data provided to the Securities Administrator by the Master Servicer (in a format agreed to by the Securities Administrator and the Master Servicer) no later than 2:00 p.m. 12:00 p.m.(noon) Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap CounterpartyServicer, and the Securities Administrator shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 2:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall be promptly forwarded to the Securities Administrator, the Securities Administrator shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the Trustee. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information).
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Investment Loan Trust 2004-8)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared prepare (based solely on information provided by the Master Servicer or the Swap CounterpartyServicer) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder Certificateholders a written report setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers):).
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution distributions to the Holders of the Class P CertificateP, Class X and Class R Certificates on such Distribution Date, stated separately, and the aggregate amounts, if any, of distributions to the Holders of the Class P, Class X and Class R Certificates and the Residual Certificateon all Distribution Dates, stated separately;
(A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ixviii) the amount of the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xix) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Mortgage Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xiixi) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiiixii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Basis Risk Deferred Amounts, Net Funds Cap Shortfalls and Unpaid Basis Risk Net Funds Cap Shortfalls, if any, for each applicable Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xivxiii) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates (with a notation if such Certificate Interest Rate reflects the application of the Net Funds Cap);
(xvxiv) with respect to each Mortgage Pool, the Interest Remittance Amount, the Principal Remittance Amount, the Principal Distribution Amount and the Principal Remittance Aggregate Overcollateralization Release Amount applicable to such Distribution Date;
(xvixv) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvi) the Overcollateralization Amount after giving effect to the distributions made on such Distribution Date;
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;; and
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of each of the Class A1A, Class A1B and Class A1C Certificates; and
(xx) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02. In the case of information furnished pursuant to subclauses sub-clauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered with respect to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) provided to it by the Master Servicer available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities AdministratorTrustee’s internet website. .The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxxxxx.xxxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. upon request.The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. Eastern Standard Time four Business Days prior to the Distribution Date. In Xxxx.Xx preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurerinformation, the Securities Administrator Trustee shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding to the Swap Agreement, that has been provided Trustee by the Swap CounterpartyMaster Servicer, and the Securities Administrator Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. .The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall Trustee will be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, to the extent such information is available to the Master Servicer exercising reasonable efforts to obtain such information (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to the NIM Securities or an investment in the Certificates; provided, however, that the Securities Administrator Trustee shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall shall, if requested, have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(iiSection 4.03(a) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, however that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. .Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the Trustee. Fund.The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. .The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator Trustee shall prepare and file with the Internal Revenue Service (“IRS”), on behalf of the Trust Fund, an application for an employer identification number on IRS Form SS-4 or by any other acceptable method.The Trustee shall also file a Form 8811 as required.The Trustee, upon receipt from the IRS of the Notice of Taxpayer Identification Number Assigned, shall upon request promptly forward a copy of such notice to the Master Servicer and the Depositor.The Trustee shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. .The Master Servicer shall provide the Securities Administrator Trustee with such information as is necessary for the Securities Administrator Trustee to prepare such reports (and comply with the Securities Administrator may rely solely upon such information)foregoing.
Appears in 1 contract
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared prepare (based solely on information provided by the Master Servicer or the Swap CounterpartyServicer) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager each Certificateholder and each Certificateholder Rating Agency a written report setting forth the following information (on the basis of Mortgage Loan level information obtained from the ServicersServicers and the Master Servicer):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, other than any Class of Notional Certificates, and in respect of each Component, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principalprincipal in each Mortgage Pool;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates Certificates, other than the Class 3-AP Certificates, and in respect of each Component, allocable to interest and interest, including any Accrual Amount added to the calculation thereofClass Principal Amount of any Class of Accrual Certificates;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the a Residual Certificate;
(iv) for each Mortgage Pool and in the aggregate, (A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers Master Servicer or any Servicer (or the Master ServicerTrustee) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Aggregate Principal Balance of all the Mortgage Loans as and the Non-AP Pool Balance of the close of business on the last day of the related Collection Periodeach Mortgage Pool for such Distribution Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) aboveabove (and to the addition of any Accrual Amount in the case of any Class of Accrual Certificates), separately identifying any reduction of any of the foregoing Certificate Class Principal Amounts due to Applied Loss Amounts;Realized Losses:
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by for each Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred realized with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date, stating separately the amount of Special Hazard Losses, Fraud Losses and Bankruptcy Losses and the aggregate amount of such Realized Losses, and the remaining Special Hazard Loss Amount, Fraud Loss Amount and Bankruptcy Loss Amount;
(ixviii) the amount of the Master Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums Servicing Fees paid during the Collection Due Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance of Mortgage LoansLoans in each Mortgage Pool and in the aggregate, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basisdelinquent one month, (c) Delinquent 60 to 89 days on a contractual basisdelinquent two months, (d) Delinquent 90 delinquent three or more days on a contractual basismonths, and (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, ;
(fx) the deemed principal balance of each REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in bankruptcy and (g) that are REO Propertieswhich such Distribution Date occurs;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property any Mortgage Loan that became a an REO Property during the preceding calendar month, the principal balance of such Mortgage Loan and the number of such Mortgage Loans as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Interest Shortfalls and Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution distributions made on such Distribution Date;
(xiv) the Certificate Interest Rate or Component Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates and each Component, respectively;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);; and
(xviixvi) the amount of any Overcollateralization Deficiency Class P Distributable Amount after giving effect allocated to the distributions made in such Class P Certificates for that Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy Date and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; and
(xx) the amount of any Net Swap Payment Class E Distributable Amount allocated to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02Class E Certificates for that Distribution Date. In the case of information furnished pursuant to subclauses (i), (ii) and (vivii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000xxx.xx.xxxxxxxxxx.xxx. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating suchupon request. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above above-parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above above-parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. 12:00 p.m.(noon) Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information Mortgage Loan data to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Master Servicer shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap CounterpartyServicer, and the Securities Administrator Master Servicer shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall will be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Master Servicer shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the such Master Servicer’s actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(iiSection 4.03(a) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Sec Corp Mor Pass THR Cer Ser 2003-35)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared (based solely on information provided by the Master Servicer or the Swap CounterpartyServicer) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder and the Certificate Insurer a written report setting forth the following information information, by Mortgage Pool and Certificate Group (on the basis of Mortgage Loan level information obtained from the ServicersServicers and the Master Servicer):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, other than any Class of Notional Certificates, and in respect to each Component, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principalprincipal in each Mortgage Pool;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates Certificates, other than any Class of Principal Only Certificates, and in respect of each Component, allocable to interest and interest, including any Accrual Amount added to the calculation thereofClass Principal Amount of any Class of Accrual Certificates;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the a Residual Certificate;
(A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers Master Servicer or any Servicer (or the Master ServicerTrustee) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Aggregate Principal Balance of all the Mortgage Loans as and the Non-AP Pool Balance of the close of business on the last day of the related Collection Periodeach Mortgage Pool for such Distribution Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, and the Component Principal Amount of each Component as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) aboveabove (and to the addition of any Accrual Amount in the case of any Class of Accrual Certificates), separately identifying any reduction of any of the foregoing Certificate Principal Amounts or Component Principal Amounts due to Applied Loss Amounts;Realized Losses:
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred realized with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date, stating separately the amount of Special Hazard Losses, Fraud Losses and Bankruptcy Losses and the aggregate amount of such Realized Losses, and the remaining Special Hazard Loss Amount, Fraud Loss Amount and Bankruptcy Loss Amount;
(ixviii) the amount of the Master Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums Servicing Fees paid during the Collection Due Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basisdelinquent one month, (c) Delinquent 60 to 89 days on a contractual basisdelinquent two months, (d) Delinquent 90 delinquent three or more days on a contractual basismonths, and (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, ;
(fx) the deemed principal balance of each REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in bankruptcy and (g) that are REO Propertieswhich such Distribution Date occurs;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property any Mortgage Loan that became a an REO Property during the preceding calendar month, the principal balance of such Mortgage Loan and the number of such Mortgage Loans as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Interest Shortfalls and Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xiv) the Certificate Interest Rate or Component Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates and each Component, respectively;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xviixvi) the amount of any Overcollateralization Deficiency Class P Distributable Amount after giving effect allocated to the distributions made in such Class P Certificates for that Distribution Date and the amount of any Class E Distributable Amount allocated to the Class E Certificates for that Distribution Date;
(xviiixvii) the aggregate amount of any insurance claim payments received with Insured Payments made in respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the CertificatesClass A4 Guaranteed Distributions paid out of the Class A4 Policy Payments Account under the Class A4 Certificate Insurance Policy; and
(xxxviii) any amounts withdrawn from the amount of any Net Swap Payment to the Supplemental Interest Trust made Class A4 Reserve Fund pursuant to Section 5.02, any Net Swap Payment to 4.06 for the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02Distribution Date. In the case of information furnished pursuant to subclauses (i), (ii) and (vivii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities Administrator’s Trustee's internet website. The Securities Administrator’s Trustee's internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000xxx.xxxxxxxx.xxx. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating suchupon request. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a electronic format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. 12:00 p.m.(noon) Eastern Standard Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information Mortgage Loan data to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Master Servicer shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap CounterpartyServicer, and the Securities Administrator Master Servicer shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in On each Distribution Date, the first paragraph of this Section 4.03(a) Trustee shall be provided also provide or make available to the Trustee by Depositor a copy of the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior above-described written report, to the Distribution Datefollowing address: Mortgage Finance Group, Xxxxxx Brothers Inc., 000 Xxxxxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxx X. Xxxxx, or to such other address as the Depositor may designate.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, or the Certificate Insurer, which request, if received by the Trustee, shall will be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder or the Certificate Insurer such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder or the Certificate Insurer may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Master Servicer shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the such Master Servicer’s actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, record and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(iiSection 4.03(a) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator shall furnish Upon the reasonable advance written request of any other information that is required Holder of a Subordinate Certificate, which request, if received by the Code and regulations thereunder Trustee, will be promptly forwarded to be made available to Certificateholders. The the Master Servicer, the Master Servicer shall provide provide, or cause to be provided, (or, to the Securities Administrator with extent that such information as or documentation is necessary not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to such Certificateholder an appraisal or broker price opinion regarding any or all Mortgage Loans which are delinquent three or more months with the related address and borrower name redacted from such appraisal or broker price opinion; provided, however, that the Master Servicer shall be entitled to be reimbursed by such Certificateholder for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon Master Servicer’s actual expenses incurred in providing such information)appraisal or broker price opinion.
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-15)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared (based solely on information provided by the Master Servicer or the Swap CounterpartyServicer) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager Trustee and each Certificateholder Certificateholder, a written report setting forth the following information information, by Mortgage Pool and Certificate Group (on the basis of Mortgage Loan level information obtained from the ServicersServicers and the Master Servicer):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, other than any Class of Notional Certificates, and in respect of each Component, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principalprincipal in each Mortgage Pool;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates Certificates, other than any Class of Principal Only Certificates, allocable to interest and interest, including any Accrual Amount added to the calculation thereofClass Principal Amount of any Class of Accrual Certificates;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the a Residual Certificate;
(iv) (A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers Master Servicer or any Servicer (or the Master ServicerTrustee) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Aggregate Principal Balance of all the Mortgage Loans as and the Non-AP Pool Balance of the close of business on the last day of the related Collection Periodeach Mortgage Pool for such Distribution Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, and the Component Principal Amount of each Component, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) aboveabove (and to the addition of any Accrual Amount in the case of any Class of Accrual Certificates), separately identifying any reduction of any of the foregoing Certificate Principal Amounts or Component Principal Amounts due to Applied Loss Amounts;Realized Losses:
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred realized with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date, stating separately the amount of Special Hazard Losses, Fraud Losses and Bankruptcy Losses and the aggregate amount of such Realized Losses, and the remaining Special Hazard Loss Amount, Fraud Loss Amount and Bankruptcy Loss Amount;
(ixviii) the amount of the Master Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums Servicing Fees paid during the Collection Due Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basisdelinquent one month, (c) Delinquent 60 to 89 days on a contractual basisdelinquent two months, (d) Delinquent 90 delinquent three or more days on a contractual basismonths, and (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, ;
(fx) the deemed principal balance of each REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in bankruptcy and (g) that are REO Propertieswhich such Distribution Date occurs;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property any Mortgage Loan that became a an REO Property during the preceding calendar month, the principal balance of such Mortgage Loan and the number of such Mortgage Loans as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Interest Shortfalls and Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; and
(xxxvi) any other "loan-level" information for any Mortgage Loans that are delinquent three or more months and any REO Property held by the amount of any Net Swap Payment Trust that is reported by the Master Servicer to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02Trustee. In the case of information furnished pursuant to subclauses (i), (ii) and (vivii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 12:00 p.m. Eastern Time (noon) New York City time, four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information Mortgage Loan data to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Master Servicer shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap CounterpartyServicer, and the Securities Administrator Master Servicer shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in On each Distribution Date, the Trustee shall also deliver or cause to be delivered by first paragraph of this Section 4.03(a) shall be provided class mail to the Trustee by Depositor a copy of the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior above-described written report, to the Distribution Datefollowing address: Mortgage Finance Group, Xxxxxx Brothers Inc., Three World Financial Center, 000 Xxxxx Xxxxxx, New York, New York, 10285, Attention: Xxxxxxx X. Xxxxxxxxxx, or to such other address as the Depositor may designate.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall will be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Master Servicer shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the such Master Servicer's actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(iiSection 4.03(a) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the Trustee. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the CodeFund. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
Appears in 1 contract
Samples: Trust Agreement (Mortgage Pass Through Certificates Series 2001 12)
Reports to Certificateholders. (a) On each Distribution DateDate on or prior to a Section 7.01(c) Purchase Event or a Trust Fund Termination Event, the Securities Administrator Trustee shall have prepared prepare (based solely on information provided by the Master Servicer or (other than item (xvii) below, which shall be determined solely by the Swap CounterpartyTrustee)) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager each Certificateholder and each Certificateholder Rating Agency a report (the “Distribution Date Statement”), setting forth the following information (on the basis of Mortgage Loan level information obtained from the ServicersMaster Servicer (other than with respect to item (xvii) below)):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, other than any Class of Notional Certificates, and in respect of any Component, to the extent applicable, allocable to principal on the Mortgage Loans, including any Subsequent Recovery, Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principalprincipal in each Mortgage Pool;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates Certificates, and in respect of any Component, allocable to interest and the calculation thereofinterest;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the a Residual Certificate;
(iv) for each Collateral Group and in the aggregate, (A) the aggregate amount of any Advances required to be made with respect to the related Collection Period by or on behalf of the Servicers Master Servicer or a Servicer (or the Trustee solely in its capacity as successor Master Servicer) with respect to such Distribution Date), (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Aggregate Principal Balance of all the Mortgage Loans as and the Pool Balance of the close of business on the last day of the related Collection Periodeach Collateral Group for such Distribution Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, and the Component Principal Amount or Component Notional Amount, as applicable, of each Component as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) aboveabove (and to the addition of any Accrual Amount in the case of any Class of Accrual Certificates), separately identifying any reduction of any of the foregoing Certificate Principal Amounts, Component Principal Amounts or Component Notional Amounts due to Applied Loss AmountsRealized Losses;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool for each Collateral Group and in the aggregate, the amount of any Realized Losses incurred realized with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date, stating separately the amount of Special Hazard Losses, Fraud Losses and Bankruptcy Losses and the aggregate amount of such Realized Losses, and the remaining Special Hazard Loss Amount, Fraud Loss Amount and Bankruptcy Loss Amount;
(ixviii) the amount of the Master Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums Servicing Fees paid during the Collection Due Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance outstanding principal balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding outstanding, (b) Delinquent delinquent 30 to 59 days on a contractual basisdays, (c) Delinquent delinquent 60 to 89 days on a contractual basisdays, (d) Delinquent delinquent 90 or more days on a contractual basisdays, (e) as to which foreclosure proceedings have been commenced, all as of the close of business on the last Business Day of the calendar month immediately before the month in which that Distribution Date occurs, (f) in bankruptcy, (g) that are REO Properties, (h) that are Charged-off Loans and (i) that are Released Mortgage Loans (the information in this item (ix) will be calculated using the MBA delinquency method);
(x) the deemed principal balance of each REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property any Mortgage Loan that became a an REO Property during the preceding calendar month, the principal balance of such Mortgage Loan and the number of such Mortgage Loans as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Interest Shortfalls and Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution distributions made on such Distribution Date;
(xiv) the Certificate Interest Rate or Component Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates and each Component, respectively;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvi) [Reserved]
(xvii) a statement as to whether any exchanges of Exchangeable Certificates or Exchange Certificates have taken place since the amount preceding Distribution Date, and, if applicable, the Class of Certificates, certificate balances, including notional balances, certificate interest rates, and any interest and principal paid, including any shortfalls allocated, of any Overcollateralization Deficiency Amount after giving effect to classes of certificates that were received by the distributions made in Certificateholder as a result of such Distribution Dateexchange;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;FPD Premiums, if any, for such Distribution Date; and
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; and
(xx) the amount of any Net Swap Payment Soft Prepayment Penalties and Hard Prepayment Penalties collected by the Master Servicer and paid to the Supplemental Interest Trust made Class P Components of the Class 1-A5 and Class 1-A6 Certificates, respectively. In addition to the information listed above, for every year in which the Depositor is subject to Exchange Act reporting with respect to the Certificates, such Distribution Date Statement shall also include, to the extent that the Trustee shall have received any such information from the Depositor, the Sponsor, the Master Servicer or the Servicer, as applicable, no later than four Business Days prior to the related Distribution Date, such other information as is required by Form 10-D, including, but not limited to, the information required by Item 1121 (§ 229.1121) of Regulation AB, other than those data elements specified in Item 1121(a)(11), (12) and (14) for as long as reports on From 10-D are required to be filed by the Trustee pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.026.20. In the case of information furnished pursuant to subclauses (i), (ii) and (vivii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. On any Distribution Date after the occurrence of a Section 7.01(c) Purchase Event, the information required by subclauses (i), (iii), (iv), (v), (vii), (viii), (ix), (x), (xi), (xii) and (xvi) shall be provided to the Holder of the LT-R Certificate and the LTURI Holder with regard to the Lower Tier REMIC I Uncertificated Regular Interests in lieu of the Certificates. The Securities Administrator Trustee shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxxxxx.xxxxxx.xxx/xxx.” Assistance in using the website can be obtained by calling the Securities AdministratorTrustee’s customer service desk at 0-(000-) 000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format attached hereto as Exhibit V or in such other format mutually agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution DateDate (or such other time period set forth in Section 9.23(b)). In preparing or furnishing the foregoing information Mortgage Loan data to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Master Servicer shall be entitled to rely conclusively on the accuracy of the information or data regarding the Mortgage Loans (iincluding any First Payment Default Mortgage Loan) and the related REO Property that has been provided to the Master Servicer by each Servicer, and the Master Servicer shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. In preparing or furnishing the foregoing information to the Certificateholders, the Trustee shall be entitled to rely conclusively on the accuracy and completeness of the information and data regarding the Mortgage Loans and the related REO Property, that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided Trustee by the Swap CounterpartyMaster Servicer, and the Securities Administrator Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors or omissions in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall will be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Master Servicer shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the such Master Servicer’s actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections Section 4.03(a)(i) and 4.03(a)(ii(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information (to the extent available to the Master Servicer pursuant to this Agreement and each Servicing Agreement) as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information).
(d) The Securities Administrator shall Trustee shall, to the extent reasonably available, furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall shall, to the extent reasonably available, provide the Securities Administrator Trustee with such information as is necessary for the Securities Administrator Trustee to prepare such reports (and the Securities Administrator Trustee may rely solely upon such information).
(e) So long as not prohibited by applicable law, the Master Servicer shall provide to the Depositor or to any party designated by the Depositor, as promptly as practicable upon the Depositor’s request, any and all loan-level information that the Depositor may request in any format reasonably requested by the Depositor.
Appears in 1 contract
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared prepare (based solely on information provided by the Master Servicer Servicer, the Cap Counterparty or the Swap Counterparty) and shall make available to the Trustee, any NIMS InsurerCertificateholders, the Swap Counterparty, Counterparty and the Credit Risk Manager and each Certificateholder Certificate Insurer a written report setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers):).
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Offered Certificates, to the extent applicableother than any Class of Notional Certificates, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Offered Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution distributions to the Holders of the Class P Certificate1-P, Class 2-P, Class 1-X, Class 2-X, Class LT-R-1, Class LT-R-2, Class R-1 and Class R-2 Certificates on such Distribution Date, stated separately, and the aggregate amounts, if any, of distributions to the Holders of the Class X 1-P, Class 2-P, Class 1-X, Class 2-X, Class LT-R-1, Class LT-R-2, Class R-1 and Class R-2 Certificates and the Residual Certificateon all Distribution Dates, stated separately;
(A) by Mortgage Pool and in the aggregate, the aggregate amount of any Advances required to be made by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Pool 1 Applied Loss Amounts and/or Pool 2 Applied Loss Amounts, as applicable;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ixviii) by Mortgage Pool and in the aggregate, the amount of the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(xix) by Mortgage Pool and in the aggregate, the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xix) by Mortgage Pool and in the aggregate, the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Mortgage Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xiixi) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiiixii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Deferred Amounts, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each applicable Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xivxiii) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates (with a notation if such Certificate Interest Rate reflects the application of the applicable Net Funds Cap);
(xvxiv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount with respect to each Mortgage Pool and the Pool 1 Senior Principal Distribution Amount, the Pool 2 Senior Principal Distribution Amount, the Pool 1 Overcollateralization Release Amount and the Pool 2 Overcollateralization Release Amount applicable to such Distribution Date;
(xvixv) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvi) the Pool 1 Overcollateralization Amount and the Pool 2 Overcollateralization Amount after giving effect to the distributions made on such Distribution Date;
(xvii) the amount of any Pool 1 Overcollateralization Deficiency Amount and the Pool 2 Overcollateralization Deficiency after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of each of the LIBOR Certificates; and;
(xix) the amount of the monthly Certificate Insurance Premium (and the Aggregate Certificate Insurance Premium if different) due to the Certificate Insurer on the related Distribution Date and the amount of any Insured Amounts paid in respect of the Guaranteed Distributions to the Insured Certificates paid out of the Policy Payment Account under the Certificate Insurance Policies;
(xx) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02. ; and
(xxi) the amount of any payments made by the Cap Counterparty to the Trust Fund under the Class 2-A1A Cap Agreement; and In the case of information furnished pursuant to subclauses sub-clauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered with respect to the holder of the Class 1-X and Class 2-X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. On any Distribution Date after the occurrence of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 1 Regular Interests or the Pooling REMIC 2 Regular Interests, the information required by subclauses (i), (ii), (iv), (v), (vii), (viii), (ix), (x), (xi), (xii), (xv) (and in the case of the Class LT-R-1 and Class LT-R-2 Certificates, subclause (iii) shall be provided to the Holder of the Class LT-R-1 and/or Class LT-R-2 Certificates and the LTURI-holder of the applicable Pooling REMIC Regular Interests. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) provided to it by the Master Servicer available each month to Certificateholders, the Trustee, any NIMS Insurer, Certificateholders Certificate Insurer and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” xxx.xx.xxxxxxxxxx.xxx”. Assistance in using the website can be obtained by calling the Securities AdministratorTrustee’s customer service desk at 0-(000-) 000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating suchsuch or notifying the Trustee at Citibank, N.A., 000 Xxxxxxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Agency and Trust—Xxxxxx XS Trust Service 2005-8. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurerinformation, the Securities Administrator Trustee shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and to the Trustee by the Master Servicer and (ii) regarding the Swap Agreement, that has been provided to the Trustee by the Swap Counterparty, and the Securities Administrator Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, or the Certificate Insurer (which request, if received by the Trustee, shall Trustee will be promptly forwarded to the Securities AdministratorMaster Servicer), the Securities Administrator Master Servicer shall provide, or cause to be provided, to the extent such information is available to the Master Servicer exercising reasonable efforts to obtain such information (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to the NIM Securities or an investment in the Certificates; provided, however, that the Securities Administrator Trustee shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared shall, upon written request, prepare and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections Section 4.03(a)(i) and 4.03(a)(ii(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator Trustee shall prepare and file with the Internal Revenue Service (“IRS”), on behalf of the Trust Fund, an application for an employer identification number on IRS Form SS-4 or by any other acceptable method. The Trustee shall also file a Form 8811 as required. The Trustee, upon receipt from the IRS of the Notice of Taxpayer Identification Number Assigned, shall upon request promptly forward a copy of such notice to the Master Servicer and the Depositor. The Trustee shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator Trustee with such information as is necessary for the Securities Administrator Trustee to prepare such reports (and comply with the Securities Administrator may rely solely upon such information)foregoing.
Appears in 1 contract
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared prepare (based solely on information provided by the Master Servicer or the Swap CounterpartyServicer) and shall make available to the Trustee, any NIMS Insurer, Certificateholders and the Swap Counterparty, the Credit Risk Manager and each Certificateholder Certificate Insurer a written report setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers):).
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates other than any Class of Notional Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution distributions to the Holders of the Class P Certificate1-P, Class 2-P, Class 1-X, Class 2-X and Class R Certificates on such Distribution Date, stated separately, and the aggregate amounts, if any, of distributions to the Holders of the Class 1-P, Class 2-P, Class 1-X, Class 2-X and Class R Certificates and the Residual Certificateon all Distribution Dates, stated separately;
(A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Pool 1 Applied Loss Amounts and/or Pool 2 Applied Loss Amounts, as applicable;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ixviii) the amount of the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xix) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Mortgage Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xiixi) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiiixii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Basis Risk Deferred Amounts, Net Funds Cap Shortfalls and Unpaid Basis Risk Net Funds Cap Shortfalls, if any, for each applicable Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xivxiii) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates (with a notation if such Certificate Interest Rate reflects the application of the Net Funds Cap);
(xvxiv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvixv) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xviixvi) the amount of any Overcollateralization Deficiency Amount for Pool 2 after giving effect to the distributions made in on such Distribution Date;
(xviiixvii) the aggregate amount of the monthly Certificate Insurance Premium (and the Aggregate Certificate Insurance Premium, if different) due to the Certificate Insurer on the related Distribution Date and the amount of any insurance claim payments received with Insured Amounts paid in respect of the Guaranteed Distributions to the Bulk PMI Class 1-A6 Certificates paid out of the Policy and any LPMI Policy during Payments Account under the related Collection Period;Certificate Insurance Policy; and
(xixxviii) the level of LIBOR and the Certificate Interest Rate Rates of the Class 1-A1A and Class 2-A1 Certificates; and
(xx) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02. In the case of information furnished pursuant to subclauses sub-clauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered with respect to the holder of the Class 1-X and Class 2-X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, the Trustee, any NIMS Insurer, Certificateholders Certificate Insurer and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000xxx.xx.xxxxxxxxxx.xxx”. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. 12:00 p.m.(noon) Eastern Standard Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurerinformation, the Securities Administrator Trustee shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding to the Swap Agreement, that has been provided Trustee by the Swap CounterpartyMaster Servicer, and the Securities Administrator Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, or the Certificate Insurer, which request, if received by the Trustee, shall Trustee will be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, to the extent such information is available to the Master Servicer exercising reasonable efforts to obtain such information (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to the NIM Securities or an investment in the Certificates; provided, however, that the Securities Administrator Trustee shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall shall, if requested, have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(iiSection 4.03(a) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, however that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator Trustee shall prepare and file with the Internal Revenue Service (“IRS”), on behalf of the Trust Fund, an application for an employer identification number on IRS Form SS 4 or by any other acceptable method. The Trustee shall also file a Form 8811 as required. The Trustee, upon receipt from the IRS of the Notice of Taxpayer Identification Number Assigned, shall upon request promptly forward a copy of such notice to the Master Servicer and the Depositor. The Trustee shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator Trustee with such information as is necessary for the Securities Administrator Trustee to prepare such reports (and comply with the Securities Administrator may rely solely upon such information)foregoing.
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Securities Corp Mort Pas THR Cert Se 04 4xs)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared (based solely on information provided by the Master Servicer or the Swap CounterpartyServicer) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder a written report setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers):).
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates other than any Class of Notional Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates Certificate and the Residual Certificate;
(A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers Servicer (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any all Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ix) the amount of the Servicing Trustee Fees, the Servicing Fees and Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(x) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any either Mortgage Pool with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Net Prepayment Interest Excess, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount level of any insurance claim payments received with respect to LIBOR and the Bulk PMI Policy and any LPMI Policy during Interest Rate of the related Collection Period;LIBOR Certificates; and
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; and
(xx) the amount of any Net Swap Payment payments made by the Cap Provider to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to Fund under the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to Basis Risk Cap and the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02Class X Cap. In the case of information furnished pursuant to subclauses (i), (ii) and (viviii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X CertificatesCertificate) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the TrusteeCertificateholders, any NIMS Insurer, Certificateholders Insurer and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxxxxx.xxxxxx.xxx/xxx.” Assistance in using the website can be obtained by calling the Securities AdministratorTrustee’s customer service desk at 01-000800-000934-00006802. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. 12:00 p.m.(noon) Eastern Standard Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Trustee shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap CounterpartyServicer, and the Securities Administrator Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or and any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall be promptly forwarded to the Securities Administrator, the Securities Administrator Trustee shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a the Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such the Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Trustee shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(iiSection 4.03(a) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, however that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)shall provide any NIMS Insurer with the required tax information applicable to any NIMS Insurer.
(d) The Securities Administrator Trustee shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator Trustee with such information as is necessary for the Securities Administrator Trustee to prepare such reports (and the Securities Administrator may rely solely upon such information)reports.
Appears in 1 contract
Samples: Trust Agreement (Aames Mortgage Tr Mort Pas Thru Cert Sers 2003-1)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared (based solely on information provided by the Master Servicer or the Swap CounterpartyServicer) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder a written report setting forth the following information (on the basis of Mortgage Assistance Loan loan-level information obtained from the ServicersServicer):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, other than any Class of Notional Certificates and in respect to each Component, to the extent applicable, allocable to principal on the Mortgage Assistance Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled unanticipated payments in the nature of principalprincipal in each Loan Pool;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates Certificates, other than any Class of Principal Only Certificates, allocable to interest and interest, including any Accrual Amount added to the calculation thereofClass Principal Amount of any Class of Accrual Certificates;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the Residual an Ownership Certificate;
(iv) (A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers Servicer (or the Master ServicerTrustee) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Aggregate Principal Balance of all the Mortgage Assistance Loans as and the Non-APO Pool Balance of the close of business on the last day of the related Collection Periodeach Loan Pool for such Distribution Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to Certificates and the extent applicable, Component Principal Amount (or Component Notional Amount) of each Component as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) aboveabove (and to the addition of any Accrual Amount in the case of any Class of Accrual Certificates), separately identifying any reduction of any of the foregoing Certificate Principal Amounts or Component Principal Amounts due to Applied Loss Amounts;Realized Losses:
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred realized with respect to the Mortgage Assistance Loans (x) in the applicable Prepayment Collection Period and (y) in the aggregate since the Cut-off Date, stating separately the amount of Special Hazard Losses, Fraud Losses and Bankruptcy Losses and the aggregate amount of such Realized Losses, and the remaining Special Hazard Loss Amount, Fraud Loss Amount and Bankruptcy Loss Amount;
(ixviii) the amount of the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(xix) the number and aggregate Scheduled Aggregate Principal Balance of Mortgage the Assistance Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basisdelinquent one month, (c) Delinquent 60 to 89 days on a contractual basisdelinquent two months, (d) Delinquent 90 delinquent three or more days on a contractual basismonths, and (e) as to which foreclosure proceedings have been commenced, all as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(x) the deemed Aggregate Principal Balance of all REO Properties as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xi) [Reserved].
(xii) with respect to substitution of Mortgage Assistance Loans in the preceding calendar month, the Scheduled Aggregate Principal Balance of each all Deleted Mortgage LoanAssistance Loans, and of each all Qualifying Substitute Mortgage LoanAssistance Loans;
(xiii) the aggregate outstanding Carryforward InterestInterest Shortfalls, Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk ShortfallsNet Simple Interest Shortfalls (to the extent not advanced by the Servicer), if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution DateDate and after giving effect to any withdrawals from the Simple Interest Reserve Fund;
(xiv) the Certificate Interest Rate or Component Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;Certificates and each Component, respectively; and
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; and
(xx) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02. In the case of information furnished pursuant to subclauses (i), (ii) and (vivii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator Trustee shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to via the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities Administrator’s 's internet website. The Securities Administrator’s Trustee's internet website shall initially be located at “xxx.xxxxxxx.xxx.” . Assistance in using the website can be obtained by calling the Securities Administrator’s Trustee's customer service desk at 0-(000-) 000-0000. Such All parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall will be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Assistance Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 12:00 p.m. (noon) Eastern Standard Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap Counterparty, and the Securities Administrator shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Assistance Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Assistance Loan data. The information and reports described in Trustee shall receive from the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day Servicer prior to the each Distribution DateDate a notice if any Loan Pool consists only of Xxxxxx Xxx Conforming Loans.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall be promptly forwarded to the Securities Administrator, the Securities Administrator Trustee shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a the Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provideprovide to such Certificateholder) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Assistance Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Trustee shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the such Trustee's actual expenses incurred in providing such reports and access.
(c) . Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall shall, upon written request, make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(iiSection 4.03(a)(i)-(iii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee Such requirement shall be deemed satisfied to have satisfied this requirement if it forwards the extent such information is provided pursuant to applicable requirements of the Code from time to time in any other format permitted by the Codeforce. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports reports. The Trustee shall provide the Holders of the Class A1 Certificates the following notices:
(and a) a notice four days prior to the Trustee may rely solely upon such information).related Distribution Date of any final distribution on the Class A1 Certificates;
(b) no later than 12:00 P.M. four Business Days immediately prior to the related Distribution Date, a statement as to distributions made on a related Distribution Date;
(c) a remittance report setting forth the remittances for the related Distribution Date, if requested by the Holders of the Class A1 Certificates, within one day after the Determination Date;
(d) The Securities Administrator shall furnish a notice on any other information that is required Remittance Date if the amount remitted by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator related Distribution Date is less than the Advances the Servicer is obligated to prepare such reports make; and
(and e) no later than four Business Days prior to each Distribution Date, any loan data remittance report received from the Securities Administrator may rely solely upon such information)Servicer.
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Sec Corp Pass Through Cert Series 2002-Al1)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator shall have prepared (based solely on information provided by the Master Servicer or Servicer, the Cap Counterparty and the Swap Counterparty) and shall make available to the Trustee, the Paying Agent, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager Manager, the Seller and each Certificateholder a report (the “Distribution Date Statement”) setting forth the following information (on the basis of Mortgage Loan level information obtained from the ServicersMaster Servicer):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates Certificates, the Class LT-R Certificates, and the Residual Certificate;
(iv) (A) the aggregate amount of any Advances required to be made as of the end of the month immediately preceding the month in which the Distribution Date occurs by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ix) the amount of the Servicing Fees, Fees and Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(x) by Mortgage Pool and in the aggregate, the number and aggregate Scheduled Principal Balance outstanding principal balance of Mortgage Loans, as reported to the Securities Administrator by the Master Servicer, (a) remaining outstanding outstanding, (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO PropertiesProperties (the information in this item (x) to be calculated utilizing the OTS delinquency method);
(xi) the aggregate Scheduled Principal Balance outstanding principal balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Basis Risk Shortfalls Shortfalls, Deferred Amounts and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution distributions made on such Distribution Date;
(xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect Overcollateralization Amount after giving effect to the Bulk PMI Policy and any LPMI Policy during the related Collection Perioddistributions made is such Distribution Date;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; andLIBOR Certificates for such Distribution Date;
(xx) the amount of any payments made by the Cap Counterparty to the Supplemental Interest Trust made pursuant to Section 5.07(e);
(xxi) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.025.07, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.025.07, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 Section 5.07 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.025.07;
(xxii) whether a Trigger Event is in effect for such Distribution Date; and
(xxiii) the amount of any FPD Premiums, if any, for such Distribution Date. In addition to the information listed above, for every year in which the Depositor is subject to Exchange Act reporting with respect to the Certificates, such Distribution Date Statement shall also include such other information as is required by Item 1121 (§ 229.1121) of Regulation AB to the extent that the Securities Administrator shall have received any such information from the Depositor, the Sponsor, the Trustee, the Master Servicer, the Servicers, the Custodian, the Swap Counterparty, the Cap Counterparty or any Subservicer or Subcontractor therefor, as applicable, no later than four Business Days prior to the Distribution Date. In the case of information furnished pursuant to subclauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. On any Distribution Date after the occurrence of a Section 7.01(c) Purchase Event, the information required by subclauses (i), (iii), (iv), (v), (vii), (viii), (ix), (x), (xi), (xii), (xv), (xvii), (xix), (xx) and (xxi) shall be made available to the Trustee, NIMS Insurer, the Swap Counterparty, the Credit Risk Manager, the Seller, the holder of the Class LT-R Certificate and the LTURI-holder with regard to the Lower Tier REMIC 1 Uncertificated Regular Interests in lieu of the Certificates. The Securities Administrator shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator based solely on Mortgage Loan data provided to the Securities Administrator by the Master Servicer (in a format agreed to by the Securities Administrator attached hereto as Exhibits I and the Master ServicerJ) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution DateDate (or such other time period set forth in Section 9.23(b)), and on the information provided to the Securities Administrator by the Swap Counterparty and the Cap Counterparty. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator shall be entitled to rely conclusively on the accuracy and completeness of the information or data (i) regarding the Mortgage Loans (including any First Payment Default Mortgage Loan) and the related REO Property, that has been provided to the Securities Administrator by the Master Servicer based upon information received by each the Master Servicer and from the Servicers, (ii) regarding the Swap Agreement, that has been provided to the Securities Administrator by the Swap Counterparty and (iii) regarding the Interest Rate Cap Agreement, that has been provided to the Securities Administrator by the Cap Counterparty, and the Securities Administrator shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Master Servicer shall be entitled to conclusively rely on the Mortgage Loan data provided by the Servicers and shall have no liability for any errors in such Mortgage Loan data. The Securities Administrator shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors or omissions in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee and the Paying Agent (if other than the Trustee) by the Securities Administrator no later than 12:00 p.m. Eastern Time one two Business Day Days prior to the Distribution Date. Concurrently with the distribution by the Master Servicer of the Mortgage Loan data to the Securities Administrator, the Master Servicer shall also provide a copy of such Mortgage Loan data to the Credit Risk Manager no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall be promptly forwarded to the Securities Administrator, the Securities Administrator shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end Upon request of each calendar yeara Certificateholder and prior to a Section 7.01(c) Purchase Event, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer Securities Administrator shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information).
(d) The Securities Administrator shall furnish furnish, to the extent reasonably available, any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with Administrator, to the extent reasonably available, such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
(e) So long as not prohibited by applicable law, the Master Servicer shall provide to the Depositor or to any party designated by the Depositor, as promptly as practicable upon the Depositor's request, any and all loan-level information that the Depositor may request in any format reasonably requested by the Depositor.
Appears in 1 contract
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared prepare (based solely on information provided by the Master Servicer or the Swap CounterpartyServicer) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager each Certificateholder and each Certificateholder Rating Agency a report setting forth the following information (on the basis of Mortgage Loan level information obtained from the ServicersServicers and the Master Servicer):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, other than any Class of Notional Certificates, and in respect of each Component, to the extent applicable, allocable to principal on the Mortgage Loans, including any Subsequent Recovery, Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principalprincipal in each Mortgage Pool;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates Certificates, other than the Class AP Certificates, and in respect of each Component, allocable to interest and interest, including any Accrual Amount added to the calculation thereofClass Principal Amount of any Class of Accrual Certificates;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the a Residual Certificate;
(iv) for each Mortgage Pool and in the aggregate, (A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers Master Servicer or any Servicer (or the Master ServicerTrustee) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Aggregate Principal Balance of all the Mortgage Loans as and the Non-AP Pool Balance of the close of business on the last day of the related Collection Periodeach Mortgage Pool for such Distribution Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, and the Component Principal Amount or Component Notional Amount, as applicable, of each Component as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) aboveabove (and to the addition of any Accrual Amount in the case of any Class of Accrual Certificates), separately identifying any reduction of any of the foregoing Certificate Principal Amounts, Component Principal Amounts or Component Notional Amounts due to Applied Loss AmountsRealized Losses;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by for each Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred realized with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date, stating separately the amount of Special Hazard Losses, Fraud Losses and Bankruptcy Losses and the aggregate amount of such Realized Losses, and the remaining Special Hazard Loss Amount, Fraud Loss Amount and Bankruptcy Loss Amount;
(ixviii) the amount of the Master Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums Servicing Fees paid during the Collection Due Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance of Mortgage LoansLoans in each Mortgage Pool and in the aggregate, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basisdelinquent one month, (c) Delinquent 60 to 89 days on a contractual basisdelinquent two months, (d) Delinquent 90 delinquent three or more days on a contractual basismonths, and (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, ;
(fx) the deemed principal balance of each REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in bankruptcy and (g) that are REO Propertieswhich such Distribution Date occurs;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property any Mortgage Loan that became a an REO Property during the preceding calendar month, the principal balance of such Mortgage Loan and the number of such Mortgage Loans as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Interest Shortfalls and Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution distributions made on such Distribution Date;
(xiv) the Certificate Interest Rate or Component Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates and each Component, respectively;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);; and
(xviixvi) the amount of any Overcollateralization Deficiency Class P Distributable Amount after giving effect allocated to the distributions made in such Class P Certificates for that Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; and
(xx) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02. In the case of information furnished pursuant to subclauses (i), (ii) and (vivii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities Administrator’s internet website shall , initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000xxx.xx.xxxxxxxxxx.xxx. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating suchupon request. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above above-parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above above-parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information Mortgage Loan data to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Master Servicer shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap CounterpartyServicer, and the Securities Administrator Master Servicer shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall will be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Master Servicer shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the such Master Servicer’s actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections Section 4.03(a)(i) and 4.03(a)(ii(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
Appears in 1 contract
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator shall have prepared (based solely on information provided by the Master Servicer or the Swap Counterparty) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager Counterparty and each Certificateholder a report setting forth the following information (on the basis of Mortgage Loan level information obtained from the ServicersServicer):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates, the Class LT-R Certificates and the Residual Class R Certificate;
(A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers Servicer (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) by Mortgage Pool and in the aggregate, the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ix) the amount of the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(x) [Reserved];
(xi) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xixii) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xiixiii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiiixiv) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xivxv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xvxvi) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvixvii) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xviixviii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviiixix) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy, any LPMI Policy and any LPMI Primary Mortgage Insurance Policy during the related Collection Period;
(xixxx) the level of LIBOR and the Certificate Interest Rate of the Certificates; and
(xxxxi) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02. In the case of information furnished pursuant to subclauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. On any Distribution Date after the occurrence of a Section 7.01(c) Purchase Event, the information required by subclauses (i), (iii), (iv), (v), (vii), (viii), (ix), (xi), (xii), (xiii), (xiv), (xix) and (xxi) shall be provided to any NIMS Insurer, the Swap Counterparty, the Holder of the Class LT-R Certificate and the LTURI-holder with regard to the Lower Tier REMIC 1 Uncertificated Regular Interests in lieu of the Certificates. The Securities Administrator shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator based solely on Mortgage Loan data provided to the Securities Administrator by the Master Servicer (in a format agreed to by the Securities Administrator and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, that has been provided to the Securities Administrator by the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided to the Securities Administrator by the Swap Counterparty, and the Securities Administrator shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one two Business Day Days prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall be promptly forwarded to the Securities Administrator, the Securities Administrator shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a the Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such the Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the Trustee. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer Securities Administrator shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information).
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Securities Corp 2005-Wf4)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator shall have prepared (based solely on information provided by the Master Servicer or the Swap CounterpartyServicer) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager Trustee and each Certificateholder a written report setting forth the following information information, by Mortgage Pool and Certificate Group (on the basis of Mortgage Loan level information obtained from the ServicersMaster Servicer):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, other than any Class of Notional Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principalprincipal in each Mortgage Pool;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and interest, including any Accrual Amount added to the calculation thereofClass Principal Amount of any Class of Accrual Certificates;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the a Residual Certificate;
(iv) (A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers Master Servicer or any Servicer (or or, if applicable, the Securities Administrator solely in its capacity as successor Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Aggregate Principal Balance of all the Mortgage Loans as and the Pool Balance of the close of business on the last day of the related Collection Periodeach Mortgage Pool for such Distribution Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) aboveabove (and to the addition of any Accrual Amount in the case of any Class of Accrual Certificates), separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;Realized Losses:
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred realized with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date, stating separately the amount of Special Hazard Losses, Fraud Losses and Bankruptcy Losses and the aggregate amount of such Realized Losses, and the remaining Special Hazard Loss Amount, Fraud Loss Amount and Bankruptcy Loss Amount;
(ixviii) the amount of the Master Servicing Fees, Credit Risk Manager’s Servicing Fees and PMI Insurance Premiums Securities Administrator Fee paid during the Collection Due Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basisdelinquent one month, (c) Delinquent 60 to 89 days on a contractual basisdelinquent two months, (d) Delinquent 90 delinquent three or more days on a contractual basismonths, and (e) as to which foreclosure proceedings have been commenced, all as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xiix) the aggregate principal balance of all REO Properties as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xi) with respect to substitution of Mortgage Loans in the preceding calendar month, the aggregate Scheduled Principal Balance of each all such Deleted Mortgage LoanLoans, and of each all Qualifying Substitute Mortgage LoanLoans;
(xiiixii) the aggregate outstanding Carryforward Interest, Interest Shortfalls and Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xivxiii) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;; and
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvixiv) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; and
(xx) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02. In the case of information furnished pursuant to subclauses (i), (ii) and (viviii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator based solely on Mortgage Loan data provided to the Securities Administrator by the Master Servicer (in a format agreed to by the Securities Administrator and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information Mortgage Loan data to the Trustee, Certificateholders and any NIMS InsurerSecurities Administrator, the Securities Administrator Master Servicer shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap CounterpartyServicer, and the Securities Administrator Master Servicer shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The Securities Administrator will make the monthly statement to Certificateholders (and, at its option, any additional files containing the same information in an alternative format) available each month to Certificateholders, and reports described other parties to this Agreement via the Securities Administrator's internet website. The Securities Administrator's internet website shall initially be located at "xxx.xxxxxxx.xxx". Assistance in using the internet website can be obtained by calling the Securities Administrator's customer service desk at (000) 000-0000. Parties that are unable to use the internet website are entitled to have a paper copy mailed to them via first paragraph of this Section 4.03(a) class mail by calling the customer service desk and indicating such. The Securities Administrator shall be provided have the right to change the way the monthly statements to Certificateholders are distributed in order to make such distribution more convenient and/or more accessible to the Trustee by above parties and the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior shall provide timely and adequate notification to all above parties regarding any such changes. The Securities Administrator shall also be entitled to rely on but shall not be responsible for the Distribution Datecontent or accuracy of any information provided by third parties for purposes of preparing the Monthly Statement and may affix thereto any disclaimer it deems appropriate in its reasonable discretion (without suggesting liability on the party of any other part hereto). As a condition to access the Securities Administrator's internet website, the Securities Administrator may require registration and the acceptance of a disclaimer. The Securities Administrator will not be liable for the dissemination of information in accordance with this Agreement.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall will be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Master Servicer shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the such Master Servicer's actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available Securities Administrator shall, upon written request, send to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(iiSection 4.03(a)(i)-(iii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee Securities Administrator shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information).
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such Mortgage Loan level information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information)reports.
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Securities Corp Mor Pas THR Cer Ser 2002-8a)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared (based solely on information provided by the Master Servicer or and the Swap Counterparty) and shall make available to the TrusteePaying Agent, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager Manager, the Seller and each Certificateholder a report (the “Distribution Date Statement”) setting forth the following information (on the basis of Mortgage Loan level information obtained from the ServicersMaster Servicer):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates Certificates, the Class LT-R Certificates, and the Residual Certificate;
(iv) (A) the aggregate amount of any Advances required to be made with respect to the related Collection Period by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date), (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ix) the amount of the Servicing Fees, Fees and Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(x) by Mortgage Pool and in the aggregate, the number and aggregate Scheduled Principal Balance outstanding principal balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding outstanding, (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO PropertiesProperties (the information in this item (x) to be calculated utilizing the OTS delinquency method);
(xi) the aggregate Scheduled Principal Balance outstanding principal balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount level of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection PeriodLIBOR for such Distribution Date;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; andwhether a Trigger Event is in effect for that Distribution Date;
(xx) the amount of any payments made by the Cap Counterparty to the Supplemental Interest Trust pursuant to Section 5.07(e);
(xxi) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.025.07, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.025.07, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 5.07 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.025.07;
(xxii) the amount of any PPTL Premiums and FPD Premiums, if any, for such Distribution Date; and
(xxiii) the amount of any deposit in the Final Maturity Reserve Account, and, on the earlier of the Distribution Date in March 2037 and the termination of the Trust Fund, the amount distributed from the Final Maturity Reserve Account. In addition to the information listed above, for every year in which the Depositor is subject to Exchange Act reporting with respect to the Certificates, such Distribution Date Statement shall also include such other information as is required by Item 1121 (§ 229.1121) of Regulation AB to the extent that the Trustee shall have received any such information from the Depositor, the Sponsor, the Master Servicer, the Servicers, the Custodians, the Swap Counterparty or any Subservicer or Subcontractor therefor, as applicable, no later than four Business Days prior to the Distribution Date. In the case of information furnished pursuant to subclauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. On any Distribution Date after the occurrence of a Section 7.01(c) Purchase Event, the information required by subclauses (i), (iii), (iv), (v), (vii), (viii), (ix), (x), (xi), (xii), (xv), (xvii), (xviii), (xx) and (xxi) shall be made available to the Trustee, NIMS Insurer, the Swap Counterparty, the Credit Risk Manager, the Seller, the holder of the Class LT-R Certificate and the LTURI-holder with regard to the Lower Tier REMIC 1 Uncertificated Regular Interests in lieu of the Certificates. The Securities Administrator Trustee shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxxxxx.xxxxxx.xxx/xxx.” Assistance in using the website can be obtained by calling emailing the Securities Administrator’s customer service desk Trustee at 0-000-000-0000. “xx.xxxxxxxxxxx.xxxxxxxx@xxxxxx.xxx.” Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling emailing the customer service desk and indicating such. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator attached hereto as Exhibits I and the Master ServicerJ) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution DateDate (or such other time period set forth in Section 9.23(b)), and on the information provided to the Trustee by the Swap Counterparty and the Cap Counterparty. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Trustee shall be entitled to rely conclusively on the accuracy and completeness of the information or data (i) regarding the Mortgage Loans (including any First Payment Default Mortgage Loan) and the related REO Property, that has been provided to the Trustee by the Master Servicer based upon information received by each the Master Servicer and from the Servicers, (ii) regarding the Swap Agreement, that has been provided to the Trustee by the Swap Counterparty and (iii) regarding the Interest Rate Cap Agreement, that has been provided to the Trustee by the Cap Counterparty, and the Securities Administrator Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Master Servicer shall be entitled to conclusively rely on the Mortgage Loan data provided by the Servicers and shall have no liability for any errors in such Mortgage Loan data. The Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors or omissions in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee Paying Agent (if other than the Trustee) by the Securities Administrator Trustee no later than 12:00 p.m. Eastern Time one two Business Day Days prior to the Distribution Date. Concurrently with the distribution by the Master Servicer of the Mortgage Loan data to the Trustee, the Master Servicer shall also provide a copy of such Mortgage Loan data to the Credit Risk Manager no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Master Servicer shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end Upon request of each calendar yeara Certificateholder and prior to a Section 7.01(c) Purchase Event, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information (to the extent available to the Master Servicer pursuant to this Agreement and each Servicing Agreement) as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information).
(d) The Securities Administrator Trustee shall furnish furnish, to the extent reasonably available, any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with Trustee, to the extent reasonably available, such information as is necessary for the Securities Administrator Trustee to prepare such reports (and the Securities Administrator Trustee may rely solely upon such information).
(e) So long as not prohibited by applicable law, the Master Servicer shall provide to the Depositor or to any party designated by the Depositor, as promptly as practicable upon the Depositor's request, any and all loan-level information that the Depositor may request in any format reasonably requested by the Depositor.
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2007-Bc2)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator shall have prepared (based solely on information provided by the Swap Counterparty or the Servicer to the Master Servicer or the Swap CounterpartySecurities Administrator) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager Manager, the Mortgage Loan Administrator, the Seller and each Certificateholder a report (the “Distribution Date Statement”) setting forth the following information (on the basis of Mortgage Loan level information obtained from the ServicersMaster Servicer):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates Certificates, the Class LT-R Certificates, and the Residual Certificate;
(iv) (A) the aggregate amount of any Advances required to be made as of the end of the month immediately preceding the month in which the Distribution Date occurs by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ix) the amount of the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(x) by Mortgage Pool and in the aggregate, the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator by the Master Servicer, (a) remaining outstanding outstanding, (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO PropertiesProperties (the information in this item (x) to be calculated utilizing the OTS delinquency method);
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; andfor such Distribution Date;
(xx) the amount of any payments made by the Cap Counterparty to the Supplemental Interest Trust made pursuant to Section 5.07(e);
(xxi) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.025.07, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.025.07, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 5.07 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.025.07;
(xxii) the amount of any PPTL Premiums and FPD Premiums, if any, for such Distribution Date; and
(xxiii) the amount of any deposit in the Final Maturity Reserve Account, and, on the earlier of the Distribution Date in December 2036 and the termination of the Trust Fund, the amount distributed from the Final Maturity Reserve Account. In addition to the information listed above, such Distribution Date Statement shall also include such other information as is required by Item 1121 (§ 229.1121) of Regulation AB and as provided to the Securities Administrator pursuant to this Agreement. In the case of information furnished pursuant to subclauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. On any Distribution Date after the occurrence of a Section 7.01(c) Purchase Event, the information required by subclauses (i), (iii), (iv), (v), (vii), (viii), (ix), (x), (xi), (xii), (xv), (xvii), (xviii), (xx) and (xxi) shall be made available to the Trustee, the NIMS Insurer, the Swap Counterparty, the Credit Risk Manager, the Seller, the holder of the Class LT-R Certificate and the LTURI-holder with regard to the Lower Tier REMIC 1 Uncertificated Regular Interests in lieu of the Certificates. The Securities Administrator shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator based solely on Mortgage Loan data provided to the Securities Administrator by the Master Servicer (in a format agreed to by the Securities Administrator and the Master Servicerattached hereto as Exhibit J) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date, and on the information provided to the Securities Administrator by the Swap Counterparty and the Cap Counterparty. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator shall be entitled to rely conclusively on the accuracy and completeness of the information or data (i) regarding the Mortgage Loans and the related REO Property, that has been provided to the Securities Administrator by the Master Servicer by and each Servicer and Servicer, (ii) regarding the Swap Agreement, that has been provided to the Securities Administrator by the Swap Counterparty and (iii) regarding the Interest Rate Cap Agreement, that has been provided to the Securities Administrator by the Cap Counterparty, and the Securities Administrator shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors or omissions in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided made available to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior the Distribution Date. Concurrently with the distribution by the Master Servicer of the Mortgage Loan data to the Securities Administrator, the Master Servicer shall also make available a copy of such Mortgage Loan data to the Credit Risk Manager no later than the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall be promptly forwarded to the Securities Administrator, the Securities Administrator shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end Upon request of each calendar yeara Certificateholder and prior to a Section 7.01(c) Purchase Event, the Trustee Securities Administrator shall have prepared and the Trustee Securities Administrator shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee Securities Administrator shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information).
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
(e) The Master Servicer shall provide to the Depositor or to any party designated by the Depositor, as promptly as practicable upon the Depositor’s request, any and all loan-level information that the Depositor may request in any format reasonably requested by the Depositor.
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2006-Bc5)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared (based solely on information provided by the Master Servicer or the Swap CounterpartyServicer) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder a written report setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers):).
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution distributions to the Holders of the Class P CertificateP, Class X and Class R Certificates on such Distribution Date, stated separately, and the aggregate amounts, if any, of distributions to the Holders of the Class P, Class X and Class R Certificates and the Residual Certificateon all Distribution Dates, stated separately;
(A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ix) the amount of the Servicing Fees, Fees and Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(x) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all each as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties, (h) that are Charged-off Loans and (i) that are Released Mortgage Loans;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property Property, each as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Deferred Amounts, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each applicable Class of Certificates, after giving effect to the distribution distributions made on such Distribution Date;
(xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates (with a notation if such Certificate Interest Rate reflects the application of the Net Funds Cap);
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount, the Principal Remittance Amount, the Principal Distribution Amount and the Principal Remittance Aggregate Overcollateralization Release Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in on such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect Overcollateralization Deficiency after giving effect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;distributions made on such Distribution Date; and
(xix) the level of LIBOR and the Certificate Interest Rate of the LIBOR Certificates; and
(xx) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02. In the case of information furnished pursuant to subclauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) provided to it by the Master Servicer available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxxxxxxx://xxxxxxxxxxxxxxxxxxxxxx.xxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating suchupon request. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. Eastern Standard Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurerinformation, the Securities Administrator Trustee and Certificateholders shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding to the Swap Agreement, that has been provided Trustee by the Swap CounterpartyMaster Servicer, and the Securities Administrator Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, Trustee shall be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, to the extent such information is available to the Master Servicer exercising reasonable efforts to obtain such information (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer), and provide) provide to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to or an investment in the Certificates; provided, however, that the Securities Administrator Trustee shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the Trustee. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information).
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Securities Corp 2005-S5)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator shall have prepared (based solely on information provided by the Master Servicer or the Swap CounterpartyServicer) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder a written report setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates other than any Class of Notional Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates Certificate and the Residual Certificate;
(A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and Subgroup, if applicable, and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any all Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and Subgroup, if applicable, and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ix) the amount of the Securities Administrator Fees, the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(x) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Net Prepayment Interest Excess, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage PoolPool and Subgroup, if applicable, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any the insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the LIBOR Certificates; and
(xx) the amount of any Net Swap Payment payments made by the Cap Provider to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to Fund under the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to Basis Risk Cap and the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02Class X Cap. In the case of information furnished pursuant to subclauses (i), (ii) and (viviii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X CertificatesCertificate) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator based solely on Mortgage Loan data provided to the Securities Administrator by the Master Servicer (in a format agreed to by the Securities Administrator and the Master Servicer) no later than 2:00 p.m. 12:00 p.m.(noon) Eastern Standard Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders Trustee and any NIMS Insurer, the Securities Administrator shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap CounterpartyServicer, and the Securities Administrator shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. p.m.(noon) Eastern Standard Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or and any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall be promptly forwarded to the Securities Administrator, the Securities Administrator shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee Securities Administrator shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(iiSection 4.03(a) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, however that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee Securities Administrator shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee Securities Administrator with such information as is necessary for the Trustee Securities Administrator to prepare such reports (and the Trustee Securities Administrator may rely solely upon such information)) and the Securities Administrator shall provide any NIMS Insurer with the required tax information applicable to any NIMS Insurer.
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Inv Loan Mort Pass THR Certs Ser 2003-Bc6)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared prepare (based solely on information provided by the Master Servicer or the Swap Cap Counterparty) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder Certificateholders a written report setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers):).
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Offered Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Offered Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution distributions to the Holders of the Class P CertificateP, Class X and Class R Certificates on such Distribution Date, stated separately, and the aggregate amounts, if any, of distributions to the Holders of the Class P, Class X and Class R Certificates and the Residual Certificateon all Distribution Dates, stated separately;
(A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ixviii) the amount of the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xix) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Mortgage Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xiixi) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiiixii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Basis Risk Deferred Amounts, Net Funds Cap Shortfalls and Unpaid Basis Risk Net Funds Cap Shortfalls, if any, for each applicable Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xivxiii) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates (with a notation if such Certificate Interest Rate reflects the application of the Net Funds Cap);
(xvxiv) with respect to each Mortgage Pool, the Interest Remittance Amount, the Principal Remittance Amount, the Principal Distribution Amount and the Principal Remittance Aggregate Overcollateralization Release Amount applicable to such Distribution Date;
(xvixv) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvi) the Overcollateralization Amount after giving effect to the distributions made on such Distribution Date;
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;; and
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of each of the Offered Certificates; and
(xx) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02. In the case of information furnished pursuant to subclauses sub-clauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered with respect to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) provided to it by the Master Servicer available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxxxxx.xxxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating suchupon request. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. Eastern Standard Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurerinformation, the Securities Administrator Trustee shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding to the Swap Agreement, that has been provided Trustee by the Swap CounterpartyMaster Servicer, and the Securities Administrator Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall Trustee will be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, to the extent such information is available to the Master Servicer exercising reasonable efforts to obtain such information (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to the NIM Securities or an investment in the Certificates; provided, however, that the Securities Administrator Trustee shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall shall, if requested, have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(iiSection 4.03(a) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, however that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator Trustee shall prepare and file with the Internal Revenue Service (“IRS”), on behalf of the Trust Fund, an application for an employer identification number on IRS Form SS-4 or by any other acceptable method. The Trustee shall also file a Form 8811 as required. The Trustee, upon receipt from the IRS of the Notice of Taxpayer Identification Number Assigned, shall upon request promptly forward a copy of such notice to the Master Servicer and the Depositor. The Trustee shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator Trustee with such information as is necessary for the Securities Administrator Trustee to prepare such reports (and comply with the Securities Administrator may rely solely upon such information)foregoing.
Appears in 1 contract
Samples: Trust Agreement (Structured Adjustable Rate Mortgage Loan Trust 2005-6xs)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator shall have prepared (based solely on information provided by the Master Servicer or the Swap Counterparty) and Trustee shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder and the Class 1-A1 Certificate Insurer a written report setting forth the following information information, by Mortgage Pool and Certificate Group (on the basis of Mortgage Loan level information obtained from the Servicersapplicable Servicer):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, other than any Class of Notional Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principalprincipal in each Mortgage Pool;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and interest, including any Accrual Amount added to the calculation thereofClass Principal Amount of any Class of Accrual Certificates;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the a Residual Certificate;
(iv) (A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers Master Servicer or any Servicer (or the Master ServicerTrustee) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Aggregate Principal Balance of all the Mortgage Loans as and the Pool Balance of the close of business on the last day of the related Collection Periodeach Mortgage Pool for such Distribution Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) aboveabove (and to the addition of any Accrual Amount in the case of any Class of Accrual Certificates), separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;Realized Losses:
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred realized with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date, stating separately the amount of Special Hazard Losses, Fraud Losses and Bankruptcy Losses and the aggregate amount of such Realized Losses, and the remaining Special Hazard Loss Amount, Fraud Loss Amount and Bankruptcy Loss Amount;
(ixviii) the amount of the Master Servicing Fees, Credit Risk Manager’s Servicing Fees and PMI Insurance Premiums Trustee Fee paid during the Collection Due Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basisdelinquent one month, (c) Delinquent 60 to 89 days on a contractual basisdelinquent two months, (d) Delinquent 90 delinquent three or more days on a contractual basismonths, and (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, ;
(fx) the deemed principal balance of each REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in bankruptcy and (g) that are REO Propertieswhich such Distribution Date occurs;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property any Mortgage Loan that became a an REO Property during the preceding calendar month, the principal balance of such Mortgage Loan and the number of such Mortgage Loans as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Interest Shortfalls and Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xviixvi) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions Insured Payments made in such Distribution Date;
(xviii) respect of Class 1-A1 Guaranteed Distributions paid under the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Class 1-A1 Certificate Interest Rate of the CertificatesInsurance Policy; and
(xxxvii) any other "loan-level" information for any Mortgage Loans that are delinquent three or more months and any REO Property held by the amount of any Net Swap Payment Trust that is reported by the Master Servicer to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02Trustee. In the case of information furnished pursuant to subclauses (i), (ii) and (viviii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information Mortgage Loan data to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Master Servicer shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap CounterpartyServicer, and the Securities Administrator Master Servicer shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in Upon request, the Trustee shall also deliver or cause to be delivered by first paragraph of this Section 4.03(a) shall be provided class mail to the Trustee by Depositor a copy of the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior above-described written report, to the Distribution Datefollowing address: Mortgage Finance Group, Lehman Brothers Inc., Three World Financial Center, 200 Vesey Street, Xxx Xork, New York, 10285, Attention: Stanley P. Laxxxxxxxx, xx to such other address as the Depositor may xxxxxxxxx.
(bx) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall will be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Master Servicer shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the such Master Servicer's actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available send to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(iiSection 4.03(a) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the Trustee. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the CodeFund. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Sec Corp Mort Pass-THR Cert Ser 2001-14a)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared prepare (based solely on information provided by the Master Servicer or the Swap CounterpartyServicer) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager each Certificateholder and each Certificateholder Rating Agency a written report setting forth the following information (on the basis of Mortgage Loan level information obtained from the ServicersServicers and the Master Servicer):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, other than any Class of Notional Certificates, and in respect of each Component, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principalprincipal in each Mortgage Pool;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates Certificates, other than any Class of Principal Only Certificates, and in respect of each Component, allocable to interest and interest, including any Accrual Amount added to the calculation thereofClass Principal Amount of any Class of Accrual Certificates;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the a Residual Certificate;
(iv) for each Mortgage Pool and in the aggregate, (A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers Master Servicer or any Servicer (or the Master ServicerTrustee) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Aggregate Principal Balance of all the Mortgage Loans as and the Non-AP Pool Balance of the close of business on the last day of the related Collection Periodeach Mortgage Pool for such Distribution Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, and the Component Principal Amount (or Component Notional Amount) of each Component as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) aboveabove (and to the addition of any Accrual Amount in the case of any Class of Accrual Certificates), separately identifying any reduction of any of the foregoing Certificate Class Principal Amounts or Component Principal Amounts due to Applied Loss Amounts;Realized Losses:
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by for each Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred realized with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date, stating separately the amount of Special Hazard Losses, Fraud Losses and Bankruptcy Losses and the aggregate amount of such Realized Losses, and the remaining Special Hazard Loss Amount, Fraud Loss Amount and Bankruptcy Loss Amount;
(ixviii) the amount of the Master Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums Servicing Fees paid during the Collection Due Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance of Mortgage LoansLoans in each Mortgage Pool and in the aggregate, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basisdelinquent one month, (c) Delinquent 60 to 89 days on a contractual basisdelinquent two months, (d) Delinquent 90 delinquent three or more days on a contractual basismonths, and (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, ;
(fx) the deemed principal balance of each REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in bankruptcy and (g) that are REO Propertieswhich such Distribution Date occurs;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property any Mortgage Loan that became a an REO Property during the preceding calendar month, the principal balance of such Mortgage Loan and the number of such Mortgage Loans as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Interest Shortfalls and Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution distributions made on such Distribution Date;
(xiv) the Certificate Interest Rate or Component Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates and each Component, respectively;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);; and
(xviixvi) the amount of any Overcollateralization Deficiency Class P Distributable Amount after giving effect allocated to the distributions made in such Class P Certificates for that Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy Date and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; and
(xx) the amount of any Net Swap Payment Class E Distributable Amount allocated to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02Class E Certificates for that Distribution Date. In the case of information furnished pursuant to subclauses (i), (ii) and (vivii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000xxx.xxxxxxxxxxxxxx.xxxxxxxxxxx.xxx. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating suchupon request. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above above-parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above above-parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. 12:00 p.m.(noon) Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information Mortgage Loan data to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Master Servicer shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap CounterpartyServicer, and the Securities Administrator Master Servicer shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall will be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Master Servicer shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the such Master Servicer’s actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(iiSection 4.03(a) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Securities Corp Series 2003-20)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared (based solely on information provided by the Master Servicer or the Swap CounterpartyServicer) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder a written report setting forth the following information information, by Mortgage Pool and Certificate Group (on the basis of Mortgage Loan level information obtained from the Servicersapplicable Servicer and the Master Servicer):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, other than any Class of Notional Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principalprincipal in each Mortgage Pool;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and interest, including any Accrual Amount added to the calculation thereofClass Principal Amount of any Class of Accrual Certificates;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the a Residual Certificate;
(iv) (A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers Master Servicer or any Servicer (or or, if applicable, the Master ServicerTrustee) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Aggregate Principal Balance of all the Mortgage Loans as and the Pool Balance of the close of business on the last day of the related Collection Periodeach Mortgage Pool for such Distribution Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) aboveabove (and to the addition of any Accrual Amount in the case of any Class of Accrual Certificates), separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;Realized Losses:
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred realized with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date, stating separately the amount of Special Hazard Losses, Fraud Losses and Bankruptcy Losses and the aggregate amount of such Realized Losses, and the remaining Special Hazard Loss Amount, Fraud Loss Amount and Bankruptcy Loss Amount;
(ixviii) the amount of the Master Servicing Fees, Credit Risk Manager’s Servicing Fees and PMI Insurance Premiums Trustee Fee paid during the Collection Due Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basisdelinquent one month, (c) Delinquent 60 to 89 days on a contractual basisdelinquent two months, (d) Delinquent 90 delinquent three or more days on a contractual basismonths, and (e) as to which foreclosure proceedings have been commenced, all as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xiix) the deemed aggregate principal balance of all REO Properties as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xi) with respect to substitution of Mortgage Loans in the preceding calendar month, the aggregate Scheduled Principal Balance of each all such Deleted Mortgage LoanLoans, and of each all Qualifying Substitute Mortgage LoanLoans;
(xiiixii) the aggregate outstanding Carryforward Interest, Interest Shortfalls and Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xivxiii) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvixiv) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xviixv) the amount of any Overcollateralization Deficiency Amount after giving effect payments made to each Class of Certificates under Section 5.02(g) hereof that would otherwise have been made to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the Class 4-AX Certificates; and
(xxxvi) the amount of any Net Swap Payment payments made to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02. In the case of information furnished pursuant to subclauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator based solely on Mortgage Loan data provided to the Securities Administrator by the Master Servicer (in a format agreed to by the Securities Administrator and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap Counterparty, and the Securities Administrator shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall be promptly forwarded to the Securities Administrator, the Securities Administrator shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer under Section 5.02(g) hereof that would otherwise have been made to the Trustee. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information).
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).Class 4-
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003 24a)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared (based solely on information provided by the Master Servicer or the Swap CounterpartyServicer) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder a written report setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers):).
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution distributions to the Holders of the Class P CertificateP, Class X and Class R Certificates on such Distribution Date, stated separately, and the aggregate amounts, if any, of distributions to the Holders of the Class P, Class X and Class R Certificates and the Residual Certificateon all Distribution Dates, stated separately;
(A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ix) the amount of the Servicing Trustee Fees, the Servicing Fees and the Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(x) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all each as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties, (h) that are Charged-off Loans and (i) that are Released Mortgage Loans;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property Property, each as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Deferred Amounts, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each applicable Class of Certificates, after giving effect to the distribution distributions made on such Distribution Date;
(xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates (with a notation if such Certificate Interest Rate reflects the application of the Net Funds Cap);
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount, the Principal Remittance Amount, the Principal Distribution Amount and the Principal Remittance Aggregate Overcollateralization Release Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in on such Distribution Date;; and
(xviii) the aggregate amount of any insurance claim payments received with respect Overcollateralization Deficiency after giving effect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; and
(xx) the amount of any Net Swap Payment to the Supplemental Interest Trust distributions made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02on such Distribution Date. In the case of information furnished pursuant to subclauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) provided to it by the Master Servicer available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies Agency via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxxxxxxx://xxxxxxxxxxxxxxxxxxxxxx.xxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating suchupon request. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. Eastern Standard Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurerinformation, the Securities Administrator Trustee and Certificateholders shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding to the Swap Agreement, that has been provided Trustee by the Swap CounterpartyMaster Servicer, and the Securities Administrator Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, Trustee shall be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, to the extent such information is available to the Master Servicer exercising reasonable efforts to obtain such information (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to or an investment in the Certificates; provided, however, that the Securities Administrator Trustee shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, however that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the Trustee. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information).
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Securities Corp 2005-S4)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared prepare (based solely on information provided by the Master Servicer Servicer, the Cap Counterparty or the Swap Counterparty) and shall make available to the TrusteeCertificateholders, any NIMS Insurer, Insurer and the Swap CounterpartyCounterparty a written report, which may be in electronic form (the Credit Risk Manager and each Certificateholder a report “Distribution Date Statement”) setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers):).
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Offered Certificates, to the extent applicableother than any Class of Notional Certificates, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Offered Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution distributions to the Holders of the Class P CertificateP, Class X, Class C-X, Class S-X, Class LT-R and Class R Certificates on such Distribution Date, stated separately, and the aggregate amounts, if any, of distributions to the Holders of the Class X P, Class X, Class C-X, Class S-X, Class LT-R and Class R Certificates and the Residual Certificateon all Distribution Dates, stated separately;
(iv) (A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount and Class Notional Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ixviii) the amount of the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Aggregate Loan Balance of the Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xix) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xiixi) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiiixii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Deferred Amounts, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each applicable Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xivxiii) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates (with a notation if such Certificate Interest Rate reflects the application of the applicable Net Funds Cap);
(xvxiv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount and the Senior Principal Distribution Amount and the Overcollateralization Release Amount applicable to such Distribution Date;
(xvixv) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvi) the Overcollateralization Amount after giving effect to the distributions made on such Distribution Date;
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount level of any insurance claim payments received with respect to LIBOR, the Bulk PMI Policy and any LPMI Policy during Certificate Interest Rate of each of the related Collection PeriodOffered Certificates;
(xix) the level amount of LIBOR and any payments made by the Certificate Cap Counterparty to the Supplemental Interest Rate of Trust pursuant to the Certificates; andCap Agreement;
(xx) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02; and
(xxi) such other information as is required by Form 10-D, including, but not limited to, the information required by Item 1121 (§ 229.1121) of Regulation AB, other than those data elements specified in Item 1121(a)(11), (12) and (14). In the case of information furnished pursuant to subclauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered with respect to the holder of the Class X, Class C-X and Class S-X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. On any Distribution Date after the occurrence of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 1 Regular Interests, the information required by subclauses (i), (ii), (iv), (v), (vii), (viii), (ix), (x), (xi), (xii), (xv) (and in the case of the Class LT-R Certificates, subclause (iii)) shall be made available to the Holder of the Class LT-R Certificates and the LTURI-holder of the Pooling REMIC 1 Regular Interests. The Securities Administrator Trustee shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) provided to it by the Master Servicer available each month to the TrusteeCertificateholders, any NIMS Insurer, Certificateholders Insurer and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” wxx.xxxxxxxx.xxx”. Assistance in using the website can be obtained by calling the Securities AdministratorTrustee’s customer service desk at 0-(000-) 000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating suchupon request. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date, and on the information provided to the Trustee by the Swap Counterparty and the Cap Counterparty. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS NIMs Insurer, the Securities Administrator Trustee shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and to the Trustee by the Master Servicer, (ii) regarding the Swap Agreement, that has been provided to the Trustee by the Swap Counterparty and (iii) regarding the Cap Agreement, that has been provided to the Trustee by the Cap Counterparty, and the Securities Administrator Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) Master Servicer shall be entitled to conclusively rely on the Mortgage Loan data provided to the Trustee by the Securities Administrator each Servicer and shall have no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Dateliability for any errors insuch Mortgage Loans.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, company (which request, if received by the Trustee, Trustee shall be promptly forwarded to the Securities AdministratorMaster Servicer), the Securities Administrator Master Servicer shall provide, or cause to be provided, to the extent such information is available to the Master Servicer exercising reasonable efforts to obtain such information (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or and such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to the NIM Securities or an investment in the Certificates; provided, however, that the Securities Administrator Trustee shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared shall, upon written request, prepare and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections Section 4.03(a)(i) and 4.03(a)(ii(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards makes available such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator Trustee shall prepare and file with the Internal Revenue Service (“IRS”), on behalf of the Trust Fund, an application for an employer identification number on IRS Form SS-4 or by any other acceptable method. The Trustee shall also file a Form 8811 as required. The Trustee, upon receipt from the IRS of the Notice of Taxpayer Identification Number Assigned, shall upon request promptly forward a copy of such notice to the Master Servicer and the Depositor. The Trustee shall, to the extent reasonably available, furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer Servicer, to the extent reasonably available, shall provide the Securities Administrator Trustee with such information as is necessary for the Securities Administrator Trustee to prepare such reports comply with the foregoing.
(e) So long as not prohibited by applicable law, the Master Servicer shall provide to the Depositor or to any party designated by the Depositor, as promptly as practicable upon the Depositor's request, any and all loan-level information that the Securities Administrator Depositor may rely solely upon such information)request in any format reasonably requested by the Depositor.
Appears in 1 contract
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared prepare (based solely on information provided by the Master Servicer or the Swap Counterpartyany Cap Provider) and shall make available to the Trustee, Certificateholders and any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder Insurer a written report setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers):applicable Servicer).
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of LIBOR Certificates and Grantor Trust Certificates, to other than the extent applicableClass AX Certificates, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of LIBOR Certificates, Class AX Certificates and Grantor Trust Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution distributions to the Holders of the Class P CertificateC, Class X and Class R Certificates on such Distribution Date, stated separately, and the aggregate amounts, if any, of distributions to the Holders of the Class C, Class X and Class R Certificates and the Residual Certificateon all Distribution Dates, stated separately;
(iv) (A) the aggregate amount of any Advances required to be made as of the end of the month immediately preceding the month in which such Distribution Date occurs by or on behalf of the Servicers (or the Master Servicer) any Servicer with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to any Applied Loss Amounts;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ixviii) the amount of the Servicing Fees, Credit Risk Manager’s Fees (other than for GMACM) and PMI Insurance Premiums General Servicing Fees paid during the Collection Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basisdelinquent one month, (c) Delinquent 60 to 89 days on a contractual basisdelinquent two months, (d) Delinquent 90 delinquent three or more days on a contractual basismonths, (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xix) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xiixi) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiiixii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Deferred Amounts, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each applicable Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xivxiii) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates (with a notation if such Certificate Interest Rate reflects the application of the applicable Net Funds Cap);
(xvxiv) with respect to each Mortgage Pool, the Interest Remittance Amount, the Principal Remittance Amount, the Principal Distribution Amount and the Principal Remittance Overcollateralization Release Amount applicable to such Distribution Date;
(xvixv) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvi) the Overcollateralization Amount after giving effect to the distributions made on such Distribution Date;
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of each of the LIBOR Certificates, Class AX Certificates and Grantor Trust Certificates;
(xix) the amount of any payments made to each Class of Certificates that are treated as payments received in respect of a REMIC 2 Regular Interest and the amount of any payments to each Class of Certificates that are not treated as payments received in respect of a REMIC 2 Regular Interest; and
(xx) the amount of any Net Swap Payment to payments made by the Supplemental Cap Provider under the Cap Agreement, Balance Guaranteed Cap Agreement or the Deferred Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02Cap Agreements. In the case of information furnished pursuant to subclauses sub-clauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered with respect to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. In addition to the information listed above for any year in which the Depositor is subject to Exchange Act reporting with respect to the Certificates, such Distribution Date report shall also include such other information as is required by Form 10-D, including, but not limited to, the information required by Item 1121 (§ 229.1121) of Regulation AB to the extent that the Trustee shall have received any such information from the Depositor, the Sponsor, the Master Servicer, any Servicer, any Custodian, the Cap Provider or any Subservicer or Subcontractor therefor, as applicable, no later than four Business Days prior to the Distribution Date. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) provided to it by the Master Servicer available each month to the TrusteeCertificateholders, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance hxxx://xxxxxxxxxxxxxxxxxxxxxx.xxx and assistance in using the website can be obtained by calling emailing the Securities AdministratorTrustee’s customer service desk at 0-000-000-0000cx.xxxxxxxxxxx.xxxxxxxx@xxxxxx.xxx. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The Trustee shall provide a “zero settlement file” to Bloomberg L.P. within seven (7) calendar days after the receipt of the collateral data file from the Depositor, but in no event later than the first Distribution Date, which shall contain all of the information in the initial Monthly Report (without giving effect to any distributions); provided, however, that in no event will such zero settlement file contain any mortgagor-specific information. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution DateDate or such other time period as set forth in Section 9.23(c). In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurerinformation, the Securities Administrator Trustee shall be entitled to rely conclusively on the accuracy and completeness of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each the Servicer and to the Trustee by the Master Servicer and (ii) regarding the Swap Agreement, Cap Agreement that has been provided to the Trustee by the Swap CounterpartyCap Provider, and the Securities Administrator Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors or omissions in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall be promptly forwarded to the Securities Administrator, the Securities Administrator Master Servicer shall provide, or cause to be provided, to the extent such information is available to the Master Servicer exercising reasonable efforts to obtain such information (or, to the extent that such information or documentation is not required to be provided by a the applicable Servicer under the applicable related Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to the NIM Securities or an investment in the Certificates; provided, however, that the Securities Administrator Master Servicer shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall shall, upon written request, have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and to any NIMS Insurer, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections Section 4.03(a)(i) and 4.03(a)(ii(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, however that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator Trustee shall prepare and file with the Internal Revenue Service (“IRS”), on behalf of the Trust Fund, an application for an employer identification number on IRS Form SS-4 or by any other acceptable method. The Trustee shall also file a Form 8811 as required. The Trustee, upon receipt from the IRS of the Notice of Taxpayer Identification Number Assigned, shall upon request promptly forward a copy of such notice to the Master Servicer and the Depositor. The Trustee shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator Trustee with such information as is necessary for the Securities Administrator Trustee to prepare such reports (and comply with the Securities Administrator may rely solely upon such information)foregoing.
Appears in 1 contract
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator shall have prepared (based solely on information provided by the Master Servicer or the Swap CounterpartyServicer) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder and the Class 2-A5 Certificate Insurer a written report setting forth the following information information, by Mortgage Pool and Certificate Group (on the basis of Mortgage Loan level information obtained from the Servicers):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, other than any Class of Notional Certificates, and in respect of each Component, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principalprincipal in each Mortgage Pool;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates Certificates, other than any Class of Principal Only Certificates, allocable to interest and on the calculation thereofMortgage Loans, including any Accrual Amount added to the Class Principal Amount of any Class of Accrual Certificates;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the a Residual Certificate;
(iv) (A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers Master Servicer or any Servicer (or the Master ServicerTrustee) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Aggregate Principal Balance of all the Mortgage Loans as and the Non-AP Pool Balance of the close of business on the last day of the related Collection Periodeach Mortgage Pool for such Distribution Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicableapplicable and the Principal Component Amount of each Component, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) aboveabove (and to the addition of any Accrual Amount in the case of any Class of Accrual Certificates), separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;Realized Losses:
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred realized with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date, stating separately the amount of Special Hazard Losses, Fraud Losses and Bankruptcy Losses and the aggregate amount of such Realized Losses, and the remaining Special Hazard Loss Amount, Fraud Loss Amount and Bankruptcy Loss Amount;
(ixviii) the amount of the Master Servicing Fees, Credit Risk Manager’s Servicing Fees and PMI Insurance Premiums Securities Administrator Fee paid during the Collection Due Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basisdelinquent one month, (c) Delinquent 60 to 89 days on a contractual basisdelinquent two months, (d) Delinquent 90 delinquent three or more days on a contractual basismonths, and (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xix) the aggregate Scheduled Principal Balance deemed principal balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a each REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xi) with respect to any Mortgage Loan that became an REO Property during the preceding calendar month, the principal balance of such Mortgage Loan and the number of such Mortgage Loans as of the close of business on the Distribution Date in such preceding month;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Interest Shortfalls and Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvi) any other "loan-level" information for any Mortgage Loans that are delinquent three or more months and any REO Property held by the Trust that is reported by the Master Servicer to the Trustee;
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions Insured Payments made in such Distribution Date;respect of Class 2-A5 Guaranteed Distributions paid under the Class 2-A5 Certificate Insurance Policy; and
(xviii) any amounts withdrawn from the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; and
(xx) the amount of any Net Swap Payment to the Supplemental Interest Trust made Class 2-A5 Reserve Fund pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.024.06 for that Distribution Date. In the case of information furnished pursuant to subclauses (i), (ii) and (viviii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator based solely on Mortgage Loan data provided to the Securities Administrator by the Master Servicer (in a mutually-agreeable format agreed to by the Securities Administrator and the Master Servicer) no later than 2:00 p.m. Eastern Time four five Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information Mortgage Loan data to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Master Servicer shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap CounterpartyServicer, and the Securities Administrator Master Servicer shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator shall be entitled may make the foregoing information (and, at its option, any additional files containing the same information in an alternative format) available each month to conclusively rely on Certificateholders via the Mortgage Loan data provided Security Administrator's internet website which is located at "xxx.xxxxxxx.xxx" and its fax-on-demand service (which is accessible by the Master Servicer and shall have no liability for any errors in such Mortgage Loan datacalling (000) 000-0000). The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by On each Distribution Date, the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior shall also provide or make available to the Distribution DateDepositor a copy of the above-described written report, to the following address: Mortgage Finance Group, Xxxxxx Brothers Inc., Three World Financial Center, 000 Xxxxx Xxxxxx, New York, New York, 10285, Attention: Xxxxxx X. Xxxxx, or to such other address as the Depositor may designate.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall will be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Master Servicer shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the such Master Servicer's actual expenses incurred in providing such reports and access.
(c) Within Upon request, within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee Securities Administrator shall have prepared and the Trustee shall make available send to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(iiSection 4.03(a) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the Trustee. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information).
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to CertificateholdersFund. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information)reports.
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Securities Corp Mort Pas THR Cert Se 2000 3)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared prepare (based solely on information provided by the Master Servicer or the Swap CounterpartyServicer) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder Certificateholders a written report setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers):).
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates other than any Class of Notional Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution distributions to the Holders of the Class P CertificateP, Class E, Class X and Class R Certificates on such Distribution Date, stated separately, and the aggregate amounts, if any, of distributions to the Holders of the Class P, Class E, Class X and Class R Certificates and the Residual Certificateon all Distribution Dates, stated separately;
(A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Pool 1 Applied Loss Amounts and/or Pool 2 Applied Loss Amounts, as applicable;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ixviii) the amount of the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xix) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Mortgage Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xiixi) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiiixii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Basis Risk Deferred Amounts, Net Funds Cap Shortfalls and Unpaid Basis Risk Net Funds Cap Shortfalls, if any, for each applicable Class or Component of Certificates, after giving effect to the distribution made on such Distribution Date;
(xivxiii) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class or Component of CertificatesCertificates (with a notation if such Certificate Interest Rate reflects the application of the Net Funds Cap);
(xvxiv) with respect to each Mortgage Pool, the Interest Remittance Amount, the Principal Remittance Amount, the Principal Distribution Amount and the Principal Remittance Aggregate Overcollateralization Release Amount applicable to such Distribution Date;
(xvixv) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvi) the amount of any Pool 1 Overcollateralization after giving effect to the distributions made on such Distribution Date;
(xvii) the amount of any Pool 2 Overcollateralization after giving effect to the distributions made on such Distribution Date; and
(xviii) the amount of any Pool 1 Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;.
(xviiixix) the aggregate amount of any insurance claim payments received with respect Pool 2 Overcollateralization Deficiency after giving effect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;distributions made in such Distribution Date.
(xixxx) the level of LIBOR and the Certificate Interest Rate Rates of the Certificates; and
(xx) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02. Class 1-A1B. In the case of information furnished pursuant to subclauses sub-clauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered with respect to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) provided to it by the Master Servicer available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxxxxx.xxxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating suchupon request. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. 12:00 p.m.(noon) Eastern Standard Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurerinformation, the Securities Administrator Trustee shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding to the Swap Agreement, that has been provided Trustee by the Swap CounterpartyMaster Servicer, and the Securities Administrator Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall Trustee will be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, to the extent such information is available to the Master Servicer exercising reasonable efforts to obtain such information (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to the NIM Securities or an investment in the Certificates; provided, however, that the Securities Administrator Trustee shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall shall, if requested, have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(iiSection 4.03(a) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, however that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator Trustee shall prepare and file with the Internal Revenue Service (“IRS”), on behalf of the Trust Fund, an application for an employer identification number on IRS Form SS 4 or by any other acceptable method. The Trustee shall also file a Form 8811 as required. The Trustee, upon receipt from the IRS of the Notice of Taxpayer Identification Number Assigned, shall upon request promptly forward a copy of such notice to the Master Servicer and the Depositor. The Trustee shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator Trustee with such information as is necessary for the Securities Administrator Trustee to prepare such reports (and comply with the Securities Administrator may rely solely upon such information)foregoing.
Appears in 1 contract
Samples: Trust Agreement (Lehman Abs Corp Mortgage Pass-Through Certs Series 2004-1)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared prepare (based solely on information provided by the Master Servicer or the Swap CounterpartyServicer) and shall make available to the Trustee, any NIMS Insurer, Certificateholders and the Swap Counterparty, the Credit Risk Manager and each Certificateholder Certificate Insurer a written report setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers):).
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution distributions to the Holders of the Class P CertificateP, Class X and Class R Certificates on such Distribution Date, stated separately, and the aggregate amounts, if any, of distributions to the Holders of the Class P, Class X and Class R Certificates and the Residual Certificateon all Distribution Dates, stated separately;
(A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ixviii) the amount of the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xix) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Mortgage Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xiixi) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiiixii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Basis Risk Deferred Amounts, Net Funds Cap Shortfalls and Unpaid Basis Risk Net Funds Cap Shortfalls, if any, for each applicable Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xivxiii) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates (with a notation if such Certificate Interest Rate reflects the application of the Net Funds Cap);
(xvxiv) with respect to each Mortgage Pool, the Interest Remittance Amount, the Principal Remittance Amount, the Principal Distribution Amount and the Principal Remittance Aggregate Overcollateralization Release Amount applicable to such Distribution Date;
(xvixv) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvi) the Overcollateralization Amount after giving effect to the distributions made on such Distribution Date;
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount level of any insurance claim payments received with respect to LIBOR and the Bulk PMI Policy and any LPMI Policy during Interest Rate of the related Collection Period;Class A1 Certificates; and
(xix) the level amount of LIBOR the monthly Certificate Insurance Premium (and the Aggregate Certificate Interest Rate of Insurance Premium, if different) due to the Certificates; and
(xx) Certificate Insurer on the related Distribution Date and the amount of any Net Swap Payment Insured Amounts paid in respect of the Guaranteed Distributions to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Class A3A and Class A4A Certificates paid out of the Policy Payment to Account under the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02Certificate Insurance Policy. In the case of information furnished pursuant to subclauses sub-clauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered with respect to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) provided to it by the Master Servicer available each month to Certificateholders, the Trustee, any NIMS Insurer, Certificateholders Certificate Insurer and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxxxxx.xxxxxxxxxxxxxxxxxxxxxx.xxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating suchupon request. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. Eastern Standard Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurerinformation, the Securities Administrator Trustee shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding to the Swap Agreement, that has been provided Trustee by the Swap CounterpartyMaster Servicer, and the Securities Administrator Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall Trustee will be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, to the extent such information is available to the Master Servicer exercising reasonable efforts to obtain such information (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to the NIM Securities or an investment in the Certificates; provided, however, that the Securities Administrator Trustee shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall shall, if requested, have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(iiSection 4.03(a) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, however that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator Trustee shall prepare and file with the Internal Revenue Service (“IRS”), on behalf of the Trust Fund, an application for an employer identification number on IRS Form SS-4 or by any other acceptable method. The Trustee shall also file a Form 8811 as required. The Trustee, upon receipt from the IRS of the Notice of Taxpayer Identification Number Assigned, shall upon request promptly forward a copy of such notice to the Master Servicer and the Depositor. The Trustee shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator Trustee with such information as is necessary for the Securities Administrator Trustee to prepare such reports (and comply with the Securities Administrator may rely solely upon such information)foregoing.
Appears in 1 contract
Reports to Certificateholders. (a) On each Distribution DateDate on or prior to a Section 7.01(c) Purchase Event or a Trust Fund Termination Event, the Securities Administrator Trustee shall have prepared prepare (based solely on information provided by the Master Servicer or and information provided by any Cap Counterparty (other than items (xiv), (xviii), (xix) and (xx) below, which shall be determined solely by the Swap CounterpartyTrustee)) and shall make available to the Trusteeeach Certificateholder, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager Cap Counterparty and each Certificateholder Rating Agency a report (the “Distribution Date Statement”), setting forth the following information (on the basis of Mortgage Loan level information obtained from provided by each Servicer to the ServicersMaster Servicer (other than items (xiv), (xviii), (xix) and (xx) below, which shall be determined solely by the Trustee)):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, other than any Class of Notional Certificates, and in respect of any Component, to the extent applicable, allocable to principal on the Mortgage Loans, including any Subsequent Recovery, Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principalprincipal in the Mortgage Pool;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates Certificates, other than the Principal-Only Certificates, and in respect of any Component, allocable to interest and interest, including any Accrual Amount added to the calculation thereofClass Principal Amount of any Class of Accrual Certificates;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the a Residual Certificate;
(iv) (A) the aggregate amount of any Advances required to be made as of the end of the month immediately preceding the month in which such Distribution Date occurs by or on behalf of the Servicers Master Servicer or a Servicer (or the Trustee solely in its capacity as successor Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Aggregate Principal Balance of all the Mortgage Loans as and the Pool Balance of the close of business on the last day of the related Collection Periodeach Mortgage Pool for such Distribution Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, and the Component Principal Amount or Component Notional Amount, as applicable, of each Component as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) aboveabove (and to the addition of any Accrual Amount in the case of any Class of Accrual Certificates), separately identifying any reduction of any of the foregoing Certificate Principal Amounts, Component Principal Amounts or Component Notional Amounts due to Applied Loss AmountsRealized Losses;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by for each Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred realized with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date, stating separately the amount of Special Hazard Losses, Fraud Losses and Bankruptcy Losses and the aggregate amount of such Realized Losses, and the remaining Special Hazard Loss Amount, Fraud Loss Amount and Bankruptcy Loss Amount;
(ixviii) the amount of the Master Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums Servicing Fees paid during the Collection Due Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance outstanding principal balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding outstanding, (b) Delinquent delinquent 30 to 59 days on a contractual basisdays, (c) Delinquent delinquent 60 to 89 days on a contractual basisdays, (d) Delinquent delinquent 90 or more days on a contractual basisdays, (e) as to which foreclosure proceedings have been commenced, all as of the close of business on the last Business Day of the calendar month immediately before the month in which that Distribution Date occurs, (f) in bankruptcy, (g) that are REO Properties, (h) that are Charged-off Loans and (i) that are Released Mortgage Loans (the information in this item (ix) will be calculated using the MBA delinquency method);
(x) the deemed principal balance of each REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property any Mortgage Loan that became a an REO Property during the preceding calendar month, the principal balance of such Mortgage Loan and the number of such Mortgage Loans as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Interest Shortfalls and Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution distributions made on such Distribution Date;
(xiv) the Certificate Interest Rate or Component Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates and each Component, respectively;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xviixvi) the amount of any Overcollateralization Deficiency Amount after giving effect Prepayment Penalty Amounts or any other prepayment penalties collected by the Servicers and paid to the distributions made Class P Certificates;
(xvii) the number of Mortgage Loans subject to a modification of terms and the amount of interest and principal forgiven in such Distribution Dateconnection with a loan modification;
(xviii) the aggregate amount of any insurance claim payments received with respect outstanding Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for the Class 2-A1 Certificates, in each case, after giving effect to the Bulk PMI Policy and any LPMI Policy during the related Collection Perioddistributions made on such Distribution Date;
(xix) the level amount of LIBOR and any payments made by the Certificate Interest Rate of Cap Counterparty to the CertificatesTrust Fund under the Cap Agreement; and
(xx) the amount level of any Net Swap Payment LIBOR for such Distribution Date. In addition to the Supplemental Interest Trust made information listed above, for every year in which the Depositor is subject to Exchange Act reporting with respect to the Certificates, such Distribution Date Statement shall also include, to the extent that the Trustee shall have received any such information from the Depositor, the Sponsor, the Master Servicer or the Servicer, as applicable, no later than four Business Days prior to the related Distribution Date, such other information as is required by Form 10-D, including, but not limited to, the information required by Item 1121 (§ 229.1121) of Regulation AB, other than those data elements specified in Item 1121(a)(11), (12) and (14) for as long as reports on Form 10-D are required to be filed by the Trustee pursuant to Section 5.026.20. In addition, any Net Swap Payment on each Distribution Date the Master Servicer shall provide to the Swap Counterparty made pursuant to Section 5.02Trustee the Modified Loan Report in the form of Exhibit U, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment extent of information provided by each Servicer to the Swap Counterparty made pursuant Master Servicer, and the Trustee shall make available on the Trustee’s internet website a copy of such Modified Loan Report (based solely on information provided by the Master Servicer) containing data provided to Section 5.02the Trustee by the Master Servicer, available to those who are permitted to access the website, including the Rating Agencies. The Trustee and the Master Servicer will negotiate in good faith with the Rating Agencies to reach an agreement on the reporting of any additional information concerning loan modifications to be included in the Distribution Date Statement. In the case of information furnished pursuant to subclauses (i), (ii) and (vivii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. On any Distribution Date after the occurrence of a Section 7.01(c) Purchase Event, the information required by subclauses (i), (iii), (iv), (v), (vii), (viii), (ix), (x), (xi), (xii) and (xvi) shall be provided to the Holder of the LT-R Certificate and the LTURI holder with regard to the Lower Tier REMIC I Uncertificated Regular Interests in lieu of the Certificates. The Securities Administrator Trustee shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxxwxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities AdministratorTrustee’s customer service desk at 01-000866-000846-00004526. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format attached hereto as Exhibit V or in such other format mutually agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution DateDate (or such other time period set forth in Section 9.23(b)). In preparing or furnishing the foregoing information Mortgage Loan data to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Master Servicer shall be entitled to rely conclusively on the accuracy of the information or data regarding the Mortgage Loans and the related REO Property that has been provided to the Master Servicer by each Servicer, and the Master Servicer shall not be obligated to verify, recompute, reconcile or recalculate any such information or data, and shall have no liability for any errors in such Mortgage Loan data. In preparing or furnishing the foregoing information to the Certificateholders, the Trustee shall be entitled to rely conclusively on the accuracy and completeness of the information and data (i) regarding the Mortgage Loans and the related REO Property, that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap Counterparty, and the Securities Administrator shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator shall be entitled to conclusively rely on the Mortgage Loan data provided Trustee by the Master Servicer and shall have no liability for any errors or omissions in such Mortgage Loan data. The information data and reports described in (ii) regarding the first paragraph of this Section 4.03(a) shall be Cap Agreement that has been provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution DateCap Counterparty.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall will be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Master Servicer shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the such Master Servicer’s actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections Section 4.03(a)(i) and 4.03(a)(ii(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information (to the extent available to the Master Servicer pursuant to this Agreement and each Servicing Agreement) as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information).
(d) The Securities Administrator shall Trustee shall, to the extent reasonably available, furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall shall, to the extent reasonably available, provide the Securities Administrator Trustee with such information as is necessary for the Securities Administrator Trustee to prepare such reports (and the Securities Administrator Trustee may rely solely upon such information).
(e) So long as not prohibited by applicable law, the Master Servicer shall provide to the Depositor or to any party designated by the Depositor, as promptly as practicable upon the Depositor’s request, any and all loan-level information that the Depositor may request in any format reasonably requested by the Depositor.
Appears in 1 contract
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared prepare (to the extent based solely on information provided by the Master Servicer Servicer, the Cap Providers or the Swap Counterparty, based solely on such information) and shall make available to the Trustee, any NIMS InsurerCertificateholders, the Swap Counterparty, the Credit Risk Manager Certificate Insurer and each Certificateholder any NIMS Insurer a written report setting forth the following information by Mortgage Pool (on the basis of Mortgage Loan level information obtained from the ServicersServicers and in the case of clauses (xx) and (xxii) through (xxiv) below, based on information provided by the Trustee (or the Paying Agent on behalf of the Trustee):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of LIBOR Certificates and Grantor Trust Certificates, to the extent applicableother than any Class of Notional Certificates, allocable to principal on the Mortgage Loans, including any Subsequent Recovery, Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principalprincipal in each Mortgage Pool;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of LIBOR Certificates and Grantor Trust Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution distributions to the Holders of the Class P CertificateC-I, Class C-II, Class AP-I, Class 3-AP, Class 4-AP, Class X-I, Class X-II (including the X-I Component, the Class C-X Certificates Component and the Residual CertificateS-X Component) and Class R Certificates on such Distribution Date, stated separately, and the aggregate amounts, if any, of distributions to the Holders of the Class C-I, Class C-II, Class X-I, Class X-II (including the X-I Component, the C-X Component and the S-X Component) and Class R Certificates on all Distribution Dates, stated separately;
(iv) the amount, if any, of any distributions to the Deferred Interest Cap Provider with respect to each Class of Grantor Trust Certificates (A) as interest on any outstanding Cap Deferred Interest Amount, (B) in reduction of such Cap Deferred Interest Amount or (C) as a termination payment or for any other reason;
(v) the amount of the Cap Deferred Interest Amount for each Class of Grantor Trust Certificates after distributions on such Distribution Date;
(vi) by Mortgage Pool and in the aggregate (A) the aggregate amount of any Advances required to be made by or on behalf as of the Servicers (end of the month immediately preceding the month in which such Distribution Date occurs by a Servicer or the Master ServicerServicer (or by the Trustee as successor master servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(vvii) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(viviii) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Pool 1-2 Applied Loss Amounts or Pool 3-4 Applied Loss Amounts, as applicable;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viiiix) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ixx) by Mortgage Pool and in the aggregate, the amount of the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums General Servicing Fees paid during the Collection Period to which such distribution relates;
(xxi) by Mortgage Pool and in the aggregate, the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding outstanding, (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO PropertiesProperties (the information in this item (xi) to be calculated utilizing the ABS delinquency method);
(xixii) by Mortgage Pool and in the aggregate, the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xiixiii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiiixiv) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Deferred Amounts, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each applicable Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xivxv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates (with a notation if such Certificate Interest Rate reflects the application of the applicable Net Funds Cap);
(xvxvi) with respect to each by Mortgage PoolPool and in the aggregate, the Interest Remittance Amount, the Principal Remittance Amount, the Principal Distribution Amount, the Pool 1-2 Overcollateralization Release Amount and the Principal Remittance Pool 3-4 Overcollateralization Release Amount applicable to such Distribution Date;
(xvixvii) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xviixviii) the Pool 1-2 Overcollateralization Amount and Pool 3-4 Overcollateralization Amount after giving effect to the distributions made on such Distribution Date;
(xix) the amount of any Pool 1-2 Overcollateralization Deficiency Amount and Pool 3-4 Overcollateralization Deficiency after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xixxx) the level of LIBOR and the Certificate Interest Rate of each of the LIBOR Certificates and the Grantor Trust Certificates; and;
(xxxxi) the amount of any payments made to each Class of Certificates that are treated as payments received in respect of a REMIC I-2 Regular Interest or REMIC II-11 Regular Interest and the amount of any payments to each Class of Certificates that are not treated as payments received in respect of a REMIC I-2 Regular Interest or REMIC II-11 Regular Interest;
(xxii) the amount of any FPD Premiums and EPD Premiums, if any, for such Distribution Date;
(xxiii) the amount of the monthly Certificate Insurer Premium (and the Aggregate Certificate Insurer Premium if different) due to the Certificate Insurer on the related Distribution Date and the amount of any Insured Amounts paid in respect of the Guaranteed Distributions to the Guaranteed Certificates paid out of the Policy Payment Account under the Certificate Insurance Policy;
(xxiv) a statement as to whether any exchanges of Exchangeable Certificates or Exchange Certificates have taken place since the preceding Distribution Date, and, if applicable, the Class of Certificates, certificate balances, including notional balances, certificate interest rates, and any interest and principal paid, including any shortfalls allocated, of any classes of certificates that were received by the Certificateholder as a result of such exchange;
(xxv) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02; and
(xxvi) the amount of any payments made by the applicable Cap Provider under the Interest Rate Cap Agreement or the Deferred Interest Cap Agreements. In the case of information furnished pursuant to subclauses sub-clauses (i), (ii) and (viviii) above, the amounts shall also (except in the case of the report delivered with respect to the holder of the Class X X-I and Class X-II Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. In addition to the information listed above for any year in which the Depositor is subject to Exchange Act reporting with respect to the Certificates, such Distribution Date report shall also include such other information as is required by Form 10-D, including, but not limited to, the information required by Item 1121 (§ 229.1121) of Regulation AB to the extent that the Trustee shall have received any such information from the Depositor, the Sponsor, the Master Servicer, any Servicer, the Custodian, the Cap Providers or any Subservicer or Subcontractor therefor, as applicable, no later than four Business Days prior to the Distribution Date. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) provided to it by the Master Servicer available each month to Certificateholders, the TrusteeCertificate Insurer, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance xxxx://xxxxxxxxxxxxxxxxxxxxxx.xxx and assistance in using the website can be obtained by calling emailing the Securities AdministratorTrustee’s customer service desk at 0-000-000-0000xx.xxxxxxxxxxx.xxxxxxxx@xxxxxx.xxx. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The Trustee shall provide a “zero settlement file” to Bloomberg L.P. within seven (7) calendar days after the receipt of the collateral data file from the Depositor, but in no event later than the first Distribution Date, which shall contain all of the information in the initial Monthly Report (without giving effect to any distributions); provided, however, that in no event will such zero settlement file contain any mortgagor-specific information. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution DateDate or such other time period as set forth in Section 9.23(c). In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurerinformation, the Securities Administrator Trustee shall be entitled to rely conclusively on the accuracy and completeness of the information or data (i) regarding the Mortgage Loans (including any Early Payment Default Mortgage Loans) and the related REO Property, Property that has been provided to the Master Servicer by each the Servicer and to the Trustee by the Master Servicer, (ii) regarding the Swap Agreement, Interest Rate Cap Agreement and Deferred Interest Cap Agreements that has been provided to the Trustee by the Cap Providers and (iii) regarding the Swap Agreement that has been provided to the Trustee by the Swap Counterparty, and the Securities Administrator Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors or omissions in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) Master Servicer shall be entitled to conclusively rely on the Mortgage Loan data provided to the Trustee by the Securities Administrator each Servicer and shall have no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Dateliability for any errors or omissions in such Mortgage Loan data.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, company or the Certificate Insurer (which request, if received by the Trustee, shall Trustee will be promptly forwarded to the Securities AdministratorMaster Servicer), the Securities Administrator Master Servicer shall provide, or cause to be provided, to the extent such information is available to the Master Servicer exercising reasonable efforts to obtain such information (or, to the extent that such information or documentation is not required to be provided by a the applicable Servicer under the applicable related Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to the NIM Securities or an investment in the Certificates; provided, however, that the Securities Administrator Master Servicer shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall shall, upon written request, have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and to any NIMS Insurer, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections Section 4.03(a)(i) and 4.03(a)(ii(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, however that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information (to the extent readily available to the Master Servicer) as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator Trustee shall prepare and file with the IRS, on behalf of the Trust Fund, an application for an employer identification number on IRS Form SS-4 or by any other acceptable method. The Trustee shall also file a Form 8811 as required. The Trustee, upon receipt from the IRS of the Notice of Taxpayer Identification Number Assigned, shall upon request promptly forward a copy of such notice to the Master Servicer and the Depositor. The Trustee shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator Trustee with such information (to the extent readily available to the Master Servicer) as is necessary for the Securities Administrator Trustee to prepare such reports (and comply with the Securities Administrator may rely solely upon such information)foregoing.
Appears in 1 contract
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared prepare (based solely on information provided by the Master Servicer or the Swap Cap Counterparty) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder Certificateholders a written report setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers):).
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Offered Certificates, to the extent applicableother than any Class of Notional Certificates, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Offered Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution distributions to the Holders of the Class P Certificate1-P, Class 2-P, Class 3-P, Class 1-X, Class 2-X, Class 3-X, Class R-1, Class R-2 and Class R-3 Certificates on such Distribution Date, stated separately, and the aggregate amounts, if any, of distributions to the Holders of the Class X 1-P, Class 2-P, Class 3-P, Class 1-X, Class 2-X, Class 3-X, Class R-1, Class R-2 and Class R-3 Certificates and the Residual Certificateon all Distribution Dates, stated separately;
(A) by Mortgage Pool and in the aggregate, the aggregate amount of any Advances required to be made by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Pool 1 Applied Loss Amounts, Pool 2 Applied Loss Amounts or Pool 3 Applied Loss Amounts;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ixviii) by Mortgage Pool and in the aggregate, the amount of the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(xix) by Mortgage Pool and in the aggregate, the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xix) by Mortgage Pool and in the aggregate, the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Mortgage Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xiixi) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiiixii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Deferred Amounts, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each applicable Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xivxiii) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates (with a notation if such Certificate Interest Rate reflects the application of the applicable Net Funds Cap);
(xvxiv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount with respect to each Mortgage Pool and the Pool 1 Senior Principal Distribution Amount, the Pool 2 Senior Principal Distribution Amount, the Pool 3 Senior Principal Distribution Amount, the Pool 1 Overcollateralization Release Amount, the Pool 2 Overcollateralization Release Amount and the Pool 3 Overcollateralization Release Amount applicable to such Distribution Date;
(xvixv) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvi) the Pool 1 Overcollateralization Amount, the Pool 2 Overcollateralization Amount and the Pool 3 Overcollateralization Amount after giving effect to the distributions made on such Distribution Date;
(xvii) the amount of any Pool 1 Overcollateralization Deficiency, Pool 2 Overcollateralization Deficiency Amount and the Pool 3 Overcollateralization Deficiency after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of each of the LIBOR Certificates; and
(xxxix) the amount of any Net Swap Payment payments made by the Cap Counterparty to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to Fund under each of the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 Cap Agreements; and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02. In the case of information furnished pursuant to subclauses sub-clauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered with respect to the holder of the Class 1-X, Class 2-X and Class 3-X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) provided to it by the Master Servicer available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” xxx.xx.xxxxxxxxxx.xxx”. Assistance in using the website can be obtained by calling the Securities AdministratorTrustee’s customer service desk at 0-(000-) 000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating suchsuch or notifying the Trustee at Citibank, N.A., 000 Xxxxxxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Agency and Trust—Xxxxxx XS Trust Service 2005-3. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurerinformation, the Securities Administrator Trustee shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding to the Swap Agreement, that has been provided Trustee by the Swap CounterpartyMaster Servicer, and the Securities Administrator Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, company (which request, if received by the Trustee, shall Trustee will be promptly forwarded to the Securities AdministratorMaster Servicer), the Securities Administrator Master Servicer shall provide, or cause to be provided, to the extent such information is available to the Master Servicer exercising reasonable efforts to obtain such information (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to the NIM Securities or an investment in the Certificates; provided, however, that the Securities Administrator Trustee shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared shall, upon written request, prepare and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections Section 4.03(a)(i) and 4.03(a)(ii(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator Trustee shall prepare and file with the Internal Revenue Service (“IRS”), on behalf of the Trust Fund, an application for an employer identification number on IRS Form SS-4 or by any other acceptable method. The Trustee shall also file a Form 8811 as required. The Trustee, upon receipt from the IRS of the Notice of Taxpayer Identification Number Assigned, shall upon request promptly forward a copy of such notice to the Master Servicer and the Depositor. The Trustee shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator Trustee with such information as is necessary for the Securities Administrator Trustee to prepare such reports (and comply with the Securities Administrator may rely solely upon such information)foregoing.
Appears in 1 contract
Reports to Certificateholders. (a) On each Distribution DateDate on or prior to a Section 7.01(c) Purchase Event or a Trust Fund Termination Event, the Securities Administrator Trustee shall have prepared prepare (based solely on information provided by the Master Servicer or and the Swap CounterpartyCap Counterparty (other than item (xx) below, which shall be determined solely by the Trustee)) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager each Certificateholder and each Certificateholder Rating Agency a report (the “Distribution Date Statement”), setting forth the following information (on the basis of Mortgage Loan level information obtained from the ServicersMaster Servicer (other than with respect to item (xix) below)):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, other than any Class of Notional Certificates, and in respect of any Component, to the extent applicable, allocable to principal on the Mortgage Loans, including any Subsequent Recovery, Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principalprincipal in each Mortgage Pool;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates Certificates, other than the Class PO1, Class AP2, Class AP3 and Class 4-A4 Certificates, and in respect of any Component, allocable to interest and interest, including any Accrual Amount added to the calculation thereofClass Principal Amount of any Class of Accrual Certificates;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the a Residual Certificate;
(iv) for each Collateral Group and in the aggregate, (A) the aggregate amount of any Advances required to be made as of the end of the month immediately preceding the month in which such Distribution Date occurs by or on behalf of the Servicers Master Servicer or a Servicer (or the Trustee solely in its capacity as successor Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Aggregate Principal Balance of all the Mortgage Loans as and the Non-AP Pool Balance of the close of business on the last day of the related Collection Periodeach Mortgage Pool for such Distribution Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, and the Component Principal Amount or Component Notional Amount, as applicable, of each Component as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) aboveabove (and to the addition of any Accrual Amount in the case of any Class of Accrual Certificates), separately identifying any reduction of any of the foregoing Certificate Principal Amounts, Component Principal Amounts or Component Notional Amounts due to Applied Loss AmountsRealized Losses;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool for each Collateral Group and in the aggregate, the amount of any Realized Losses incurred realized with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date, stating separately the amount of Special Hazard Losses, Fraud Losses and Bankruptcy Losses and the aggregate amount of such Realized Losses, and the remaining Special Hazard Loss Amount, Fraud Loss Amount and Bankruptcy Loss Amount;
(ixviii) the amount of the Master Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums Servicing Fees paid during the Collection Due Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance outstanding principal balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding outstanding, (b) Delinquent delinquent 30 to 59 days on a contractual basisdays, (c) Delinquent delinquent 60 to 89 days on a contractual basisdays, (d) Delinquent delinquent 90 or more days on a contractual basisdays, (e) as to which foreclosure proceedings have been commenced, all as of the close of business on the last Business Day of the calendar month immediately before the month in which that Distribution Date occurs, (f) in bankruptcy, (g) that are REO Properties, (h) that are Charged-off Loans and (i) that are Released Mortgage Loans (the information in this item (ix) will be calculated using the MBA delinquency method);
(x) the deemed principal balance of each REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property any Mortgage Loan that became a an REO Property during the preceding calendar month, the principal balance of such Mortgage Loan and the number of such Mortgage Loans as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Interest Shortfalls and Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution distributions made on such Distribution Date;
(xiv) the Certificate Interest Rate or Component Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates and each Component, respectively;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xviixvi) the amount of any Overcollateralization Deficiency Amount payments distributed to the Class X Certificates for such Distribution Date;
(xvii) the aggregate outstanding Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, after giving effect to the distributions distribution made in on such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect made by the Cap Counterparty to the Bulk PMI Policy and Trustee on behalf of the Supplemental Interest Trust under any LPMI Policy during the related Collection PeriodCap Agreement;
(xix) a statement as to whether any exchanges of Exchangeable Certificates or Exchange Certificates have taken place since the level preceding Distribution Date, and, if applicable, the Class of LIBOR Certificates, certificate balances, including notional balances, certificate interest rates, and any interest and principal paid, including any shortfalls allocated, of any classes of certificates that were received by the Certificate Interest Rate Certificateholder as a result of the Certificates; andsuch exchange;
(xx) the amount of any Net Swap Payment Class P Distributable Amount allocated to the Supplemental Interest Trust made Class P Certificates for that Distribution Date;
(xxi) the amount of any FPD Premiums, if any, for such Distribution Date;
(xxii) the amount of any Soft Prepayment Penalties and Hard Prepayment Penalties collected by the Master Servicer in respect of the Designated Mortgage Loans and paid to the Class P Components of the Class 12-A8 Certificates, in the case of Soft Prepayment Penalties, and the Class 12-A3 Certificates, in the case of Hard Prepayment Penalties;
(xxiii) the amount of any Soft Prepayment Penalties and Hard Prepayment Penalties collected by the Servicers in respect of the Mortgage Loans and paid to the Class P Components of the Class 12-A6 Certificates, in the case of Soft Prepayment Penalties, and the Class 12-A7 Certificates, in the case of Hard Prepayment Penalties; In addition to the information listed above, for every year in which the Depositor is subject to Exchange Act reporting with respect to the Certificates, such Distribution Date Statement shall also include, to the extent that the Trustee shall have received any such information from the Depositor, the Sponsor, the Master Servicer or the Servicer, as applicable, no later than four Business Days prior to the related Distribution Date, such other information as is required by Form 10-D, including, but not limited to, the information required by Item 1121 (§ 229.1121) of Regulation AB, other than those data elements specified in Item 1121(a)(11), (12) and (14) for as long as reports on From 10-D are required to be filed by the Trustee pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.026.20. In the case of information furnished pursuant to subclauses (i), (ii) and (vivii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. On any Distribution Date after the occurrence of a Section 7.01(c) Purchase Event, the information required by subclauses (i), (iii), (iv), (v), (vii), (viii), (ix), (x), (xi), (xii) and (xvi) shall be provided to the Holder of the LT-R Certificate and the LTURI Holder with regard to the Lower Tier REMIC I Uncertificated Regular Interests in lieu of the Certificates. The Securities Administrator Trustee shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxxwxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities AdministratorTrustee’s customer service desk at 01-000866-000846-00004526. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format attached hereto as Exhibit V or in such other format mutually agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date. Date (or such other time period set forth in Section 9.23(b)) In preparing or furnishing the foregoing information Mortgage Loan data to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Master Servicer shall be entitled to rely conclusively on the accuracy of the information or data regarding the Mortgage Loans (iincluding any First Payment Default Mortgage Loan) and the related REO Property that has been provided to the Master Servicer by each Servicer, and the Master Servicer shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. In preparing or furnishing the foregoing information to the Certificateholders, the Trustee shall be entitled to rely conclusively on the accuracy and completeness of the information and data regarding the Mortgage Loans and the related REO Property, that has been provided to the Trustee by the Master Servicer by each Servicer Servicer, and (ii) regarding the Swap AgreementCap Agreements, that has been provided to the Trustee by the Swap Cap Counterparty, and the Securities Administrator Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors or omissions in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall will be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Master Servicer shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the such Master Servicer’s actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections Section 4.03(a)(i) and 4.03(a)(ii(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information (to the extent available to the Master Servicer pursuant to this Agreement and each Servicing Agreement) as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information).
(d) The Securities Administrator shall Trustee shall, to the extent reasonably available, furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall shall, to the extent reasonably available, provide the Securities Administrator Trustee with such information as is necessary for the Securities Administrator Trustee to prepare such reports (and the Securities Administrator Trustee may rely solely upon such information).
(e) So long as not prohibited by applicable law, the Master Servicer shall provide to the Depositor or to any party designated by the Depositor, as promptly as practicable upon the Depositor’s request, any and all loan-level information that the Depositor may request in any format reasonably requested by the Depositor.
Appears in 1 contract
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared (based solely on information provided by the Master Servicer or the Swap CounterpartyServicer) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder a written report setting forth the following information (on the basis of Mortgage Loan level information obtained from the ServicersServicers and the Master Servicer):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, other than any Class of Notional Certificates and in respect of each Component, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates Certificates, other than any Class of Principal Only Certificates, allocable to interest and interest, including any Accrual Amount added to the calculation thereofClass Principal Amount of any Class of Accrual Certificates;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the a Residual Certificate;
(A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers Master Servicer or any Servicer (or the Master ServicerTrustee) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Aggregate Principal Balance of all the Mortgage Loans as of and the close of business on the last day of the related Collection PeriodNon-AP Pool Balance for such Distribution Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, and the Component Principal Amount of each Component as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) aboveabove (and to the addition of any Accrual Amount in the case of any Class of Accrual Certificates), separately identifying any reduction of any of the foregoing Certificate Principal Amounts or Component Principal Amounts due to Applied Loss Amounts;Realized Losses:
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred realized with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date, stating separately the amount of Special Hazard Losses, Fraud Losses and Bankruptcy Losses and the aggregate amount of such Realized Losses, and the remaining Special Hazard Loss Amount, Fraud Loss Amount and Bankruptcy Loss Amount;
(ixviii) the amount of the Master Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums Servicing Fees paid during the Collection Due Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basisdelinquent one month, (c) Delinquent 60 to 89 days on a contractual basisdelinquent two months, (d) Delinquent 90 delinquent three or more days on a contractual basismonths, and (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, ;
(fx) the deemed principal balance of each REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in bankruptcy and (g) that are REO Propertieswhich such Distribution Date occurs;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property any Mortgage Loan that became a an REO Property during the preceding calendar month, the principal balance of such Mortgage Loan and the number of such Mortgage Loans as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Interest Shortfalls and Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xiv) the Certificate Interest Rate or Component Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates and each Component, respectively;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);; and
(xviixvi) the amount of any Overcollateralization Deficiency Class P Distributable Amount after giving effect allocated to the distributions made in such Class P Certificates for that Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy Date and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; and
(xx) the amount of any Net Swap Payment Class E Distributable Amount allocated to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02Class E Certificates for that Distribution Date. In the case of information furnished pursuant to subclauses (i), (ii) and (vivii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities Administrator’s Trustee's internet website. The Securities Administrator’s Trustee's internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000xxx.xxxxxxxx.xxx. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating suchupon request. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a an electronic format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. 12:00 p.m.(noon) Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information Mortgage Loan data to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Master Servicer shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap CounterpartyServicer, and the Securities Administrator Master Servicer shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in On each Distribution Date, the first paragraph of this Section 4.03(a) Trustee shall be provided also provide or make available to the Trustee by Depositor a copy of the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior above described written report, to the Distribution Datefollowing address: Mortgage Finance Group, Xxxxxx Brothers Inc., 000 Xxxxxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxx X. Xxxxx, or to such other address as the Depositor may designate.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall will be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Master Servicer shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the such Master Servicer’s actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, record and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(iiSection 4.03(a) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-24)
Reports to Certificateholders. (a) On No later than one Business Day prior to the Distribution Date with respect to the provision of such report to the Trustee, and with respect to other persons on each Distribution Date, the Securities Administrator Master Servicer shall have prepared (based solely on information provided by the Master Servicer or the Swap Counterparty) and shall make available to the Trustee, any NIMS Insurer, the Swap CounterpartyDepositor, the Credit Risk Manager and each Certificateholder a report setting forth the following information (on the basis of Mortgage Loan level information obtained from the ServicersServicer):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates other than any Class of Notional Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution to the Holders of the Class P CertificateP, the Class X X1 and Class X2 Certificates and the Residual Certificate;
(A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers Servicer (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ix) the amount of the Servicing Fees, Fees and Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(x) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Master Servicer by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; and
(xx) the amount of any Net Swap Payment payments made by the Initial Cap Provider to the Supplemental Interest Trust Fund under the Initial Cap Agreement and the amount of any payments made pursuant to Section 5.02, any Net Swap Payment by the Supplementary Cap Provider to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to Trust Fund under the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02Supplementary Cap Agreement. In the case of information furnished pursuant to subclauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X CertificatesX1 Certificate) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator Master Servicer shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month on the Distribution Date to the Trustee, any NIMS Insurerthe Depositor, the Certificateholders and the Rating Agencies via the Securities AdministratorMaster Servicer’s internet website. The Securities AdministratorMaster Servicer’s internet website shall initially be located at “xxx.xxxxxxx.xxxxxx.xxxxxxxxxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities AdministratorMaster Servicer’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator Master Servicer shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Master Servicer shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator based solely on Mortgage Loan data provided to the Securities Administrator by the Master Servicer (in a format agreed to by the Securities Administrator and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Master Servicer shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO PropertyProperties and payments under the Cap Agreements, that has been provided to the Master Servicer by each the Servicer and (ii) regarding or the Swap Agreement, that has been provided by the Swap Counterpartyrespective Cap Provider, and the Securities Administrator Master Servicer shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a the Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such the Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Master Servicer shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections Section 4.03(a)(i) and 4.03(a)(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the Trustee. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information).
(d) The Securities Administrator Master Servicer shall furnish to the Trustee any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
Appears in 1 contract
Samples: Trust Agreement (Wells Fargo Home Equity Trust Mort Pass Thru Cert Ser 2004-1)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared prepare (based solely on information provided by the Master Servicer Servicer, the Cap Counterparty or the Swap Counterparty) and shall make available to the Trustee, any NIMS Insurer, Certificateholders and the Swap CounterpartyCounterparty a written report, which may be in electronic form (the Credit Risk Manager and each Certificateholder a report “Distribution Date Statement”) setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers):).
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Offered Certificates, to the extent applicableother than any Class of Notional Certificates, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Offered Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution distributions to the Holders of the Class P CertificateP, Class X, Class LT-R and Class R Certificates on such Distribution Date, stated separately, and the aggregate amounts, if any, of distributions to the Holders of the Class X P, Class X, Class LT-R and Class R Certificates and the Residual Certificateon all Distribution Dates, stated separately;
(A) by Mortgage Pool and in the aggregate, the aggregate amount of any Advances required to be made by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ixviii) by Mortgage Pool and in the aggregate, the amount of the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(xix) by Mortgage Pool and in the aggregate, the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xix) by Mortgage Pool and in the aggregate, the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Mortgage Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xiixi) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiiixii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Deferred Amounts, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each applicable Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xivxiii) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates (with a notation if such Certificate Interest Rate reflects the application of the applicable Net Funds Cap);
(xvxiv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount with respect to each Mortgage Pool and the Senior Principal Distribution Amount and the Overcollateralization Release Amount applicable to such Distribution Date;
(xvixv) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvi) the Overcollateralization Amount after giving effect to the distributions made on such Distribution Date;
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of each of the LIBOR Certificates; and;
(xix) the amount of any payments made by the Cap Counterparty to the Trust Fund under the Class 3-A1A Cap Agreement;
(xx) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02; and
(xxi) such other information as is identified to the Trustee by the Depositor as required by Form 10-D, including, but not limited to, the information required by Item 1121 (§ 229.1121) of Regulation AB, other than those data elements specified in Item 1121(a)(11), (12) and (14). In the case of information furnished pursuant to subclauses sub-clauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered with respect to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. On any Distribution Date after the occurrence of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 1 Regular Interests, the information required by subclauses (i), (ii), (iv), (v), (vii), (viii), (ix), (x), (xi), (xii), (xv) (and in the case of the Class LT-R Certificates, subclause (iii)) shall be made available to the Holder of the Class LT-R Certificates and the LTURI-holder of the Pooling REMIC 1 Regular Interests. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) provided to it by the Master Servicer available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” xxx.xxxxxxxx.xxx”. Assistance in using the website can be obtained by calling the Securities AdministratorTrustee’s customer service desk at 0-(000-) 000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating suchupon request. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date, or such other time period as set forth in Section 6.20(d). In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurerinformation, the Securities Administrator Trustee shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and to the Trustee by the Master Servicer and (ii) regarding the Swap Agreement, that has been provided to the Trustee by the Swap Counterparty, and the Securities Administrator Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, company (which request, if received by the Trustee, shall Trustee will be promptly forwarded to the Securities AdministratorMaster Servicer), the Securities Administrator Master Servicer shall provide, or cause to be provided, to the extent such information is available to the Master Servicer exercising reasonable efforts to obtain such information (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to the NIM Securities or an investment in the Certificates; provided, however, that the Securities Administrator Trustee shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared shall, upon written request, prepare and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections Section 4.03(a)(i) and 4.03(a)(ii(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards makes available such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator Trustee shall prepare and file with the Internal Revenue Service (“IRS”), on behalf of the Trust Fund, an application for an employer identification number on IRS Form SS-4 or by any other acceptable method. The Trustee shall also file a Form 8811 as required. The Trustee, upon receipt from the IRS of the Notice of Taxpayer Identification Number Assigned, shall upon request promptly forward a copy of such notice to the Master Servicer and the Depositor. The Trustee shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator Trustee with such information as is necessary for the Securities Administrator Trustee to prepare such reports (and comply with the Securities Administrator may rely solely upon such information)foregoing.
Appears in 1 contract
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator shall have prepared (based solely on information provided by the Master Servicer or the Swap CounterpartyServicer) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager Trustee and each Certificateholder a written report setting forth the following information information, by Mortgage Pool and Certificate Group (on the basis of Mortgage Loan level information obtained from the Servicersapplicable Servicer and the Master Servicer):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, other than any Class of Notional Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including any Subsequent Recovery, Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principalprincipal in each Mortgage Pool;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and interest, including any Accrual Amount added to the calculation thereofClass Principal Amount of any Class of Accrual Certificates;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the a Residual Certificate;
(iv) (A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers Master Servicer or any Servicer (or or, if applicable, the Securities Administrator, solely in its capacity as successor Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Aggregate Principal Balance of all the Mortgage Loans as and the Pool Balance of the close of business on the last day of the related Collection Periodeach Mortgage Pool for such Distribution Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) aboveabove (and to the addition of any Accrual Amount in the case of any Class of Accrual Certificates), separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss AmountsRealized Losses;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred realized with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date, stating separately the amount of Special Hazard Losses, Fraud Losses and Bankruptcy Losses and the aggregate amount of such Realized Losses, and the remaining Special Hazard Loss Amount, Fraud Loss Amount and Bankruptcy Loss Amount;
(ixviii) the amount of the Master Servicing Fees, Credit Risk Manager’s Servicing Fees and PMI Insurance Premiums Securities Administrator Fee paid during the Collection Due Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator by the Master Servicer, (a) remaining outstanding outstanding, (b) Delinquent 30 to 59 days on a contractual basisdelinquent one month, (c) Delinquent 60 to 89 days on a contractual basisdelinquent two months, (d) Delinquent 90 delinquent three or more days on a contractual basis, months and (e) as to which foreclosure proceedings have been commenced, all as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xiix) the deemed aggregate principal balance of all REO Properties as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xi) with respect to substitution of Mortgage Loans in the preceding calendar month, the aggregate Scheduled Principal Balance of each all such Deleted Mortgage LoanLoans, and of each all Qualifying Substitute Mortgage LoanLoans;
(xiiixii) the aggregate outstanding Carryforward Interest, Interest Shortfalls and Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xivxiii) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvixiv) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xv) the amount of payments made to each of the Class 3-A1, Class 3-A2, Class B1-I, Class B2-I, Class B3-I, Class B4-I, Class B5-I, Class B6-I and Class B7-I Certificates in respect of Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls;
(xvi) the amount of payments made to each of the Class B1-II, Class B2-II, Class B3-II and Class B4-II Certificates in respect of Subordinate Floating Rate Certificate Shortfalls and Unpaid Subordinate Floating Rate Certificate Shortfalls; and
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect payments made to the distributions made in such Distribution Date;
(xviii) the aggregate amount each Class of any insurance claim Certificates that are treated as payments received with in respect to the Bulk PMI Policy of a REMIC I-4 Regular Interest or REMIC II-2 Regular Interest and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; and
(xx) the amount of any Net Swap Payment payments to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02. In the case of information furnished pursuant to subclauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator based solely on Mortgage Loan data provided to the Securities Administrator by the Master Servicer (in a format agreed to by the Securities Administrator and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap Counterparty, and the Securities Administrator shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall be promptly forwarded to the Securities Administrator, the Securities Administrator shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses that are not treated as payments in respect of the Trust Fund furnished by the Master Servicer to the Trustee. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information).
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).a REMIC I-4 Regular Interest or REMIC II-2
Appears in 1 contract
Samples: Trust Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-4)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared prepare (based solely on information provided by the Master Servicer or the Swap CounterpartyServicer) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder a written report setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers):).
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates other than any Class of Notional Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates Certificate and the Residual Certificate;
(A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, Loans and the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any all Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ix) the amount of the Servicing Trustee Fees, the Servicing Fees and the Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(x) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Prepayment Interest Excess Amount, Net Simple Interest Excess, Net Simple Interest Shortfall, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount level of any insurance claim payments received with respect to LIBOR and the Bulk PMI Policy and any LPMI Policy during the related Collection Period;Interest Rate of each Class of LIBOR Certificates; and
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; and
(xx) the amount of any Net Swap Payment payments made by the Cap Provider to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to Fund under the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to Basis Risk Cap and the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02Class X Cap. In the case of information furnished pursuant to subclauses (i), (ii) and (viviii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X CertificatesCertificate) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxxxxx.xx.xxxxxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating suchupon request. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above above-parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above above-parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. 12:00 p.m.(noon) Eastern Standard Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Trustee shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding to the Swap Agreement, that has been provided Trustee by the Swap CounterpartyMaster Servicer, and the Securities Administrator Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) Master Servicer shall be entitled to rely solely on information provided by the Servicers with respect to the Trustee foreclosure status of any Superior Liens and shall not incur any liability for losses incurred as a result of such reliance on the information provided by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution DateServicers.
(b) Upon the reasonable advance written request of any NIMS Insurer or and any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall Trustee will be promptly forwarded by the Trustee to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Trustee shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall shall, if requested, have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(iiSection 4.03(a) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, however that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)shall provide any NIMS Insurer with the required tax information applicable to any NIMS Insurer.
(d) The Securities Administrator Trustee shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator Trustee with such information as is necessary for the Securities Administrator Trustee to prepare such reports (and the Securities Administrator may rely solely upon such information)reports.
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Sec Corp Mort Pas THR Certs Ser 2003 S1)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared (based solely on information provided deliver or cause to be delivered by the Master Servicer or the Swap Counterparty) and shall make available first class mail to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder a written report setting forth the following information, which information the Master Servicer will determine (on the basis of Mortgage Loan level information obtained from the Servicers):) and deliver to the Trustee no later than one Business Day prior to such Distribution Date:
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principalprincipal (with respect to each Mortgage Pool);
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereofinterest;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates Certificate and the Residual Certificate;
(iv) (A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers Master Servicer or any Servicer (or the Master ServicerTrustee) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by the Aggregate Loan Balance and the Pool Balance of each Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any Prepayment Premiums all prepayment penalties or premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred realized with respect to the Mortgage Loans in (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ix) the amount of the Master Servicing Fees, Credit Risk Manager’s Servicing Fees, Trustee Fees, Loss Mitigation Advisor's Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(x) with respect to the PMI-Insured Mortgage Loans, the amount of (a) claims filed under the PMI Insurance Policy, (b) claims paid under such Policy and (c) claims denied under such Policy, on an aggregate basis during the Collection Period to which such distribution relates and on a cumulative basis over the term of this Agreement;
(xi) the number and aggregate Scheduled Principal Balance of Mortgage LoansLoans in each Mortgage Pool, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent delinquent 30 to 59 days on a contractual basis, (c) Delinquent delinquent 60 to 89 days on a contractual basis, (d) Delinquent delinquent 90 or more days on a contractual basis, and (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xixii) the aggregate Scheduled Principal Balance deemed principal balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a each REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xiixiii) with respect to any Mortgage Loan in either Mortgage Pool that became an REO Property during the preceding calendar month, the principal balance of such Mortgage Loan and the number of such Mortgage Loans as of the close of business on the Distribution Date in such preceding month;
(xiv) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiiixv) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xivxvi) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvixvii) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;; and
(xviii) any other "loan-level" information for any Mortgage Loans in each Mortgage Pool that are delinquent 90 or more days on a contractual basis and any REO Property held by the aggregate amount of any insurance claim payments received with respect Trust that is reported by the Master Servicer to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; and
(xx) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02Trustee. In the case of information furnished pursuant to subclauses (i), (ii) and (viviii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator based solely on Mortgage Loan data provided to the Securities Administrator by the Master Servicer (in a format agreed to by the Securities Administrator and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Master Servicer shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap CounterpartyServicers, and the Securities Administrator Master Servicer shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator On each Distribution Date, the Trustee shall also deliver or cause to be entitled to conclusively rely on the Mortgage Loan data provided delivered by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided class mail to the Trustee by Depositor a copy of the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior above-described written report, to the Distribution Datefollowing address: Mortgage Finance Group, Xxxxxx Brothers Inc., Three World Financial Center, 000 Xxxxx Xxxxxx, New York, New York, 10285, Attention: ARC 2000-BC1 Trust, or to such other address as the Depositor may designate.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall will be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Master Servicer shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the such Master Servicer's actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available send to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(iiSection 4.03(a) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the Trustee. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the CodeFund. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Securities Corp Mo Pa Th Ce Se 2000-Bc1)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared (based solely on information provided by the Master Servicer or and the Swap Counterparty) and shall make available to the TrusteePaying Agent, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager Manager, the Seller and each Certificateholder a report (the “Distribution Date Statement”) setting forth the following information (on the basis of Mortgage Loan level information obtained from the ServicersMaster Servicer):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates Certificates, the Class LT-R Certificates, and the Residual Certificate;
(iv) (A) the aggregate amount of any Advances required to be made with respect to the related Collection Period by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date), (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ix) the amount of the Servicing Fees, Fees and Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(x) by Mortgage Pool and in the aggregate, the number and aggregate Scheduled Principal Balance outstanding principal balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding outstanding, (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO PropertiesProperties (the information in this item (x) to be calculated utilizing the OTS delinquency method);
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount level of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection PeriodLIBOR for such Distribution Date;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; and[Reserved];
(xx) the amount of any payments made by the Cap Counterparty to the Supplemental Interest Trust pursuant to Section 5.07(e).
(xxi) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.025.07, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.025.07, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 5.07 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.025.07; and
(xxii) the amount of any PPTL Premiums and FPD Premiums, if any, for such Distribution Date. In addition to the information listed above, for every year in which the Depositor is subject to Exchange Act reporting with respect to the Certificates, such Distribution Date Statement shall also include such other information as is required by Item 1121 (§ 229.1121) of Regulation AB to the extent that the Trustee shall have received any such information from the Depositor, the Sponsor, the Master Servicer, the Servicers, the Custodians, the Swap Counterparty or any Subservicer or Subcontractor therefor, as applicable, no later than four Business Days prior to the Distribution Date. In the case of information furnished pursuant to subclauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. On any Distribution Date after the occurrence of a Section 7.01(c) Purchase Event, the information required by subclauses (i), (iii), (iv), (v), (vii), (viii), (ix), (x), (xi), (xii), (xv), (xvii), (xviii), (xx) and (xxi) shall be made available to the Trustee, NIMS Insurer, the Swap Counterparty, the Credit Risk Manager, the Seller, the holder of the Class LT-R Certificate and the LTURI-holder with regard to the Lower Tier REMIC 1 Uncertificated Regular Interests in lieu of the Certificates. The Securities Administrator Trustee shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxxwxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities AdministratorTrustee’s customer service desk at 01-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator attached hereto as Exhibits I and the Master ServicerJ) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution DateDate (or such other time period set forth in Section 9.23(b)), and on the information provided to the Trustee by the Swap Counterparty and the Cap Counterparty. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Trustee shall be entitled to rely conclusively on the accuracy and completeness of the information or data (i) regarding the Mortgage Loans (including any First Payment Default Mortgage Loan) and the related REO Property, that has been provided to the Trustee by the Master Servicer based upon information received by each the Master Servicer and from the Servicers, (ii) regarding the Swap Agreement, that has been provided to the Trustee by the Swap Counterparty and (iii) regarding the Interest Rate Cap Agreement, that has been provided to the Trustee by the Cap Counterparty, and the Securities Administrator Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Master Servicer shall be entitled to conclusively rely on the Mortgage Loan data provided by the Servicers and shall have no liability for any errors in such Mortgage Loan data. The Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors or omissions in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee Paying Agent (if other than the Trustee) by the Securities Administrator Trustee no later than 12:00 p.m. Eastern Time one two Business Day Days prior to the Distribution Date. Concurrently with the distribution by the Master Servicer of the Mortgage Loan data to the Trustee, the Master Servicer shall also provide a copy of such Mortgage Loan data to the Credit Risk Manager no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Master Servicer shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end Upon request of each calendar yeara Certificateholder and prior to a Section 7.01(c) Purchase Event, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information (to the extent available to the Master Servicer pursuant to this Agreement and each Servicing Agreement) as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information).
(d) The Securities Administrator Trustee shall furnish furnish, to the extent reasonably available, any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with Trustee, to the extent reasonably available, such information as is necessary for the Securities Administrator Trustee to prepare such reports (and the Securities Administrator Trustee may rely solely upon such information).
(e) So long as not prohibited by applicable law, the Master Servicer shall provide to the Depositor or to any party designated by the Depositor, as promptly as practicable upon the Depositor's request, any and all loan-level information that the Depositor may request in any format reasonably requested by the Depositor.
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Securities CORP 2007-Bc1)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared prepare (based solely on information provided by the Master Servicer or the Swap CounterpartyServicer) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager each Certificateholder and each Certificateholder Rating Agency a written report setting forth the following information (on the basis of Mortgage Loan level information obtained from the ServicersServicers and the Master Servicer):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, other than any Class of Notional Certificates, and in respect of each Component, to the extent applicable, allocable to principal on the Mortgage Loans, including any Subsequent Recovery, Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principalprincipal in each Mortgage Pool;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates Certificates, other than the Class AP Certificates, and in respect of each Component, allocable to interest and interest, including any Accrual Amount added to the calculation thereofClass Principal Amount of any Class of Accrual Certificates;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the a Residual Certificate;
(iv) for each Mortgage Pool and in the aggregate, (A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers Master Servicer or any Servicer (or the Master ServicerTrustee) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Aggregate Principal Balance of all the Mortgage Loans as and the Non-AP Pool Balance of the close of business on the last day of the related Collection Periodeach Mortgage Pool for such Distribution Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, and the Component Principal Amount of each Component as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) aboveabove (and to the addition of any Accrual Amount in the case of any Class of Accrual Certificates), separately identifying any reduction of any of the foregoing Certificate Principal Amounts or Component Principal Amounts due to Applied Loss AmountsRealized Losses;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by for each Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred realized with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date, stating separately the amount of Special Hazard Losses, Fraud Losses and Bankruptcy Losses and the aggregate amount of such Realized Losses, and the remaining Special Hazard Loss Amount, Fraud Loss Amount and Bankruptcy Loss Amount;
(ixviii) the amount of the Master Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums Servicing Fees paid during the Collection Due Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance of Mortgage LoansLoans in each Mortgage Pool and in the aggregate, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basisdelinquent one month, (c) Delinquent 60 to 89 days on a contractual basisdelinquent two months, (d) Delinquent 90 delinquent three or more days on a contractual basismonths, and (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, ;
(fx) the deemed principal balance of each REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in bankruptcy and (g) that are REO Propertieswhich such Distribution Date occurs;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property any Mortgage Loan that became a an REO Property during the preceding calendar month, the principal balance of such Mortgage Loan and the number of such Mortgage Loans as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Interest Shortfalls and Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution distributions made on such Distribution Date;
(xiv) the Certificate Interest Rate or Component Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates and each Component, respectively;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);; and
(xviixvi) the amount of any Overcollateralization Deficiency Class P Distributable Amount after giving effect allocated to the distributions made in such Class P Certificates for that Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy Date and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; and
(xx) the amount of any Net Swap Payment Class E Distributable Amount allocated to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02Class E Certificates for that Distribution Date. In the case of information furnished pursuant to subclauses (i), (ii) and (vivii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000xxxx://xxxxxxxxxxxxxxxxxxxxxx.xxxxxx.xxx. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating suchupon request. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above above-parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above above-parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. 12:00 p.m.(noon) Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information Mortgage Loan data to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Master Servicer shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap CounterpartyServicer, and the Securities Administrator Master Servicer shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall will be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Master Servicer shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the such Master Servicer’s actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(iiSection 4.03(a) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Securities Corp Mort Ps-THR Cert Ser 2004-3)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared prepare (based solely on information provided by the Master Servicer or the Swap CounterpartyServicer) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager each Certificateholder and each Certificateholder Rating Agency a written report setting forth the following information (on the basis of Mortgage Loan level information obtained from the ServicersServicers and the Master Servicer):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, other than any Class of Notional Certificates, and in respect of each Component, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principalprincipal in each Mortgage Pool;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates Certificates, other than any Class of Principal Only Certificates, and in respect of each Component, allocable to interest and interest, including any Accrual Amount added to the calculation thereofClass Principal Amount of any Class of Accrual Certificates;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the a Residual Certificate;
(iv) for each Mortgage Pool and in the aggregate, (A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers Master Servicer or any Servicer (or the Master ServicerTrustee) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Aggregate Principal Balance of all the Mortgage Loans as and the Non-AP Pool Balance of the close of business on the last day of the related Collection Periodeach Mortgage Pool for such Distribution Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) aboveabove (and to the addition of any Accrual Amount in the case of any Class of Accrual Certificates), separately identifying any reduction of any of the foregoing Certificate Class Principal Amounts due to Applied Loss Amounts;Realized Losses:
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by for each Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred realized with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date, stating separately the amount of Special Hazard Losses, Fraud Losses and Bankruptcy Losses and the aggregate amount of such Realized Losses, and the remaining Special Hazard Loss Amount, Fraud Loss Amount and Bankruptcy Loss Amount;
(ixviii) the amount of the Master Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums Servicing Fees paid during the Collection Due Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance of Mortgage LoansLoans in each Mortgage Pool and in the aggregate, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basisdelinquent one month, (c) Delinquent 60 to 89 days on a contractual basisdelinquent two months, (d) Delinquent 90 delinquent three or more days on a contractual basismonths, and (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, ;
(fx) the deemed principal balance of each REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in bankruptcy and (g) that are REO Propertieswhich such Distribution Date occurs;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property any Mortgage Loan that became a an REO Property during the preceding calendar month, the principal balance of such Mortgage Loan and the number of such Mortgage Loans as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Interest Shortfalls and Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution distributions made on such Distribution Date;
(xiv) the Certificate Interest Rate or Component Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates and each Component, respectively;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);; and
(xviixvi) the amount of any Overcollateralization Deficiency Class P Distributable Amount after giving effect allocated to the distributions made in such Class P Certificates for that Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy Date and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; and
(xx) the amount of any Net Swap Payment Class E Distributable Amount allocated to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02Class E Certificates for that Distribution Date. In the case of information furnished pursuant to subclauses (i), (ii) and (vivii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000xxx.xx.xxxxxxxxxx.xxx. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating suchupon request. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above above-parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above above-parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. 12:00 p.m.(noon) Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information Mortgage Loan data to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Master Servicer shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap CounterpartyServicer, and the Securities Administrator Master Servicer shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall will be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Master Servicer shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the such Master Servicer’s actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(iiSection 4.03(a) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Sec Corp Mort Pas THR Certs Ser 2003 30)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator shall have prepared (based solely on information provided by the Master Servicer and the Trustee or the Swap Counterpartyany Cap Provider) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, Certificateholders and the Credit Risk Manager and each Certificateholder Certificate Insurer a written report setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution distributions to the Holders of the Class P CertificateP, Class X and Class R Certificates on such Distribution Date, stated separately, and the aggregate amounts, if any, of distributions to the Holders of the Class P, Class X and Class R Certificates and the Residual Certificateon all Distribution Dates, stated separately;
(A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ixviii) the amount of the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xix) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Mortgage Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xiixi) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiiixii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Basis Risk Deferred Amounts, Net Funds Cap Shortfalls and Unpaid Basis Risk Net Funds Cap Shortfalls, if any, for each applicable Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xivxiii) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates (with a notation if such Certificate Interest Rate reflects the application of the Net Funds Cap);
(xvxiv) with respect to each Mortgage Pool, the Interest Remittance Amount, the Principal Remittance Amount, the Principal Distribution Amount and the Principal Remittance Aggregate Overcollateralization Release Amount applicable to such Distribution Date;
(xvixv) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvi) the level of LIBOR and the Interest Rates of the Class A1 Certificates;
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in on such Distribution Date;; and
(xviii) the aggregate amount of any insurance claim payments received with respect the monthly Certificate Insurance Premium (and the Aggregate Certificate Insurance Premium, if different) due to the Bulk PMI Policy and any LPMI Policy during Certificate Insurer on the related Collection Period;
(xix) the level of LIBOR Distribution Date and the Certificate Interest Rate of the Certificates; and
(xx) the amount of any Net Swap Payment Insured Payments paid in respect of the Guaranteed Distributions to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Class A3B and Class A4B Certificates paid out of the Policy Payment to Account under the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02Certificate Insurance Policy. In the case of information furnished pursuant to subclauses sub-clauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered with respect to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) provided to it by the Master Servicer available each month to the Trustee, any NIMS InsurerCertificateholders, Certificateholders the Certificate Insurer and the Rating Agencies via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000xxx.xx.xxxxxxxxxx.xxx. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating suchupon request. The Securities Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator based solely on Mortgage Loan data provided to the Securities Administrator by the Master Servicer (in a format agreed to by the Securities Administrator and the Master Servicer) no later than 2:00 p.m. Eastern Standard Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurerinformation, the Securities Administrator shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap CounterpartyServicer, and the Securities Administrator shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, or the Certificate Insurer, which request, if received by the Trustee, shall Trustee will be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, to the extent such information is available to the Master Servicer exercising reasonable efforts to obtain such information (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to the NIM Securities or an investment in the Certificates; provided, however, that the Securities Administrator shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall Securities Administrator shall, if requested, have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(iiSection 4.03(a) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, however that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee Securities Administrator shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee Securities Administrator with such information as is necessary for the Trustee Securities Administrator to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator shall prepare and file with the Internal Revenue Service (“IRS”), on behalf of the Trust Fund, an application for an employer identification number on IRS Form SS 4 or by any other acceptable method. The Securities Administrator shall also file a Form 8811 as required. The Securities Administrator, upon receipt from the IRS of the Notice of Taxpayer Identification Number Assigned, shall upon request promptly forward a copy of such notice to the Trustee, the Master Servicer and the Depositor. The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and comply with the Securities Administrator may rely solely upon such information)foregoing.
Appears in 1 contract
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared prepare (based solely on information provided by the Master Servicer or the Swap Cap Counterparty) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder Certificateholders a written report setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers):).
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Offered Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Offered Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution distributions to the Holders of the Class P CertificateP, Class X and Class R Certificates on such Distribution Date, stated separately, and the aggregate amounts, if any, of distributions to the Holders of the Class P, Class X and Class R Certificates and the Residual Certificateon all Distribution Dates, stated separately;
(A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ixviii) the amount of the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xix) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Mortgage Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xiixi) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiiixii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Basis Risk Deferred Amounts, Net Funds Cap Shortfalls and Unpaid Basis Risk Net Funds Cap Shortfalls, if any, for each applicable Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xivxiii) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates (with a notation if such Certificate Interest Rate reflects the application of the Net Funds Cap);
(xvxiv) with respect to each Mortgage Pool, the Interest Remittance Amount, the Principal Remittance Amount, the Principal Distribution Amount and the Principal Remittance Aggregate Overcollateralization Release Amount applicable to such Distribution Date;
(xvixv) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvi) the Overcollateralization Amount after giving effect to the distributions made on such Distribution Date;
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;; and
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of each of the Offered Certificates; and
(xx) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02. In the case of information furnished pursuant to subclauses sub-clauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered with respect to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) provided to it by the Master Servicer available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxxxxx.xx.xxxxxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating suchupon request. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. Eastern Standard Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurerinformation, the Securities Administrator Trustee shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding to the Swap Agreement, that has been provided Trustee by the Swap CounterpartyMaster Servicer, and the Securities Administrator Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall Trustee will be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, to the extent such information is available to the Master Servicer exercising reasonable efforts to obtain such information (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to the NIM Securities or an investment in the Certificates; provided, however, that the Securities Administrator Trustee shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall shall, if requested, have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(iiSection 4.03(a) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, however that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator Trustee shall prepare and file with the Internal Revenue Service (“IRS”), on behalf of the Trust Fund, an application for an employer identification number on IRS Form SS-4 or by any other acceptable method. The Trustee shall also file a Form 8811 as required. The Trustee, upon receipt from the IRS of the Notice of Taxpayer Identification Number Assigned, shall upon request promptly forward a copy of such notice to the Master Servicer and the Depositor. The Trustee shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator Trustee with such information as is necessary for the Securities Administrator Trustee to prepare such reports (and comply with the Securities Administrator may rely solely upon such information)foregoing.
Appears in 1 contract
Samples: Trust Agreement (Structured Adjustable Rate Mortgage Loan Trust 2005-3xs)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared prepare (based solely on information provided by the Master Servicer or the Swap CounterpartyServicer) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager each Certificateholder and each Certificateholder Rating Agency a written report setting forth the following information (on the basis of Mortgage Loan level information obtained from the ServicersServicers and the Master Servicer):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, other than any Class of Notional Certificates, and in respect of each Component, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principalprincipal in each Mortgage Pool;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates Certificates, other than the Class 2-AP Certificates, and in respect of each Component, allocable to interest and interest, including any Accrual Amount added to the calculation thereofClass Principal Amount of any Class of Accrual Certificates;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the a Residual Certificate;
(iv) for each Mortgage Pool and in the aggregate, (A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers Master Servicer or any Servicer (or the Master ServicerTrustee) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Aggregate Principal Balance of all the Mortgage Loans as and the Non-AP Pool Balance of the close of business on the last day of the related Collection Periodeach Mortgage Pool for such Distribution Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) aboveabove (and to the addition of any Accrual Amount in the case of any Class of Accrual Certificates), separately identifying any reduction of any of the foregoing Certificate Class Principal Amounts due to Applied Loss Amounts;Realized Losses:
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by for each Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred realized with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date, stating separately the amount of Special Hazard Losses, Fraud Losses and Bankruptcy Losses and the aggregate amount of such Realized Losses, and the remaining Special Hazard Loss Amount, Fraud Loss Amount and Bankruptcy Loss Amount;
(ixviii) the amount of the Master Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums Servicing Fees paid during the Collection Due Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance of Mortgage LoansLoans in each Mortgage Pool and in the aggregate, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basisdelinquent one month, (c) Delinquent 60 to 89 days on a contractual basisdelinquent two months, (d) Delinquent 90 delinquent three or more days on a contractual basismonths, and (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, ;
(fx) the deemed principal balance of each REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in bankruptcy and (g) that are REO Propertieswhich such Distribution Date occurs;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property any Mortgage Loan that became a an REO Property during the preceding calendar month, the principal balance of such Mortgage Loan and the number of such Mortgage Loans as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Interest Shortfalls and Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution distributions made on such Distribution Date;
(xiv) the Certificate Interest Rate or Component Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates and each Component, respectively;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);; and
(xviixvi) the amount of any Overcollateralization Deficiency Class P Distributable Amount after giving effect allocated to the distributions made in such Class P Certificates for that Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy Date and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; and
(xx) the amount of any Net Swap Payment Class E Distributable Amount allocated to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02Class E Certificates for that Distribution Date. In the case of information furnished pursuant to subclauses (i), (ii) and (vivii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000xxx.xx.xxxxxxxxxx.xxx. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating suchupon request. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above above-parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above above-parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. 12:00 p.m.(noon) Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information Mortgage Loan data to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Master Servicer shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap CounterpartyServicer, and the Securities Administrator Master Servicer shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall will be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Master Servicer shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the such Master Servicer’s actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(iiSection 4.03(a) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Sec Corp Mort Passthr Certs Ser 2003-38)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared (based solely on information provided by the Master Servicer or the Swap Counterparty) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager Counterparty and each Certificateholder a report setting forth the following information (on the basis of Mortgage Loan level information obtained from the ServicersMaster Servicer):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the Residual Certificate;
(iv) (A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers Servicer (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ix) the amount of the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(x) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; and
(xx) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections Section 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02. In the case of information furnished pursuant to subclauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator Trustee shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxxxxx.xxxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk Trustee at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk number listed above and indicating such. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee on the Distribution Date based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 12:00 p.m. Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Trustee shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, that has been provided to the Master Servicer by each the Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap Counterparty, and the Securities Administrator Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) Master Servicer shall be entitled to conclusively rely on the Mortgage Loan data provided to the Trustee by the Securities Administrator Servicer and shall have no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Dateliability for any errors in such Mortgage Loan data.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall will be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a the Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Master Servicer shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the Trustee. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information).
(d) The Securities Administrator Trustee shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator Trustee with such information as is necessary for the Securities Administrator Trustee to prepare such reports (and the Securities Administrator Trustee may rely solely upon such information).
Appears in 1 contract
Samples: Trust Agreement (SASCO Mortgage Pass-Through Certifidates, Series 2005-Wmc1)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator shall have prepared (based solely on information provided by the Master Servicer or the Swap Counterparty) and Trustee shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder and the Class 1-A1 Certificate Insurer a written report setting forth the following information information, by Mortgage Pool and Certificate Group (on the basis of Mortgage Loan level information obtained from the Servicersapplicable Servicer):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, other than any Class of Notional Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principalprincipal in each Mortgage Pool;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and interest, including any Accrual Amount added to the calculation thereofClass Principal Amount of any Class of Accrual Certificates;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the a Residual Certificate;
(iv) (A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers Master Servicer or any Servicer (or the Master ServicerTrustee) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Aggregate Principal Balance of all the Mortgage Loans as and the Pool Balance of the close of business on the last day of the related Collection Periodeach Mortgage Pool for such Distribution Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) aboveabove (and to the addition of any Accrual Amount in the case of any Class of Accrual Certificates), separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;Realized Losses:
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred realized with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date, stating separately the amount of Special Hazard Losses, Fraud Losses and Bankruptcy Losses and the aggregate amount of such Realized Losses, and the remaining Special Hazard Loss Amount, Fraud Loss Amount and Bankruptcy Loss Amount;
(ixviii) the amount of the Master Servicing Fees, Credit Risk Manager’s Servicing Fees and PMI Insurance Premiums Trustee Fee paid during the Collection Due Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basisdelinquent one month, (c) Delinquent 60 to 89 days on a contractual basisdelinquent two months, (d) Delinquent 90 delinquent three or more days on a contractual basismonths, and (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, ;
(fx) the deemed principal balance of each REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in bankruptcy and (g) that are REO Propertieswhich such Distribution Date occurs;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property any Mortgage Loan that became a an REO Property during the preceding calendar month, the principal balance of such Mortgage Loan and the number of such Mortgage Loans as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Interest Shortfalls and Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xviixvi) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions Insured Payments made in such Distribution Date;
(xviii) respect of Class 1-A1 Guaranteed Distributions paid under the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Class 1-A1 Certificate Interest Rate of the CertificatesInsurance Policy; and
(xxxvii) any other "loan-level" information for any Mortgage Loans that are delinquent three or more months and any REO Property held by the amount of any Net Swap Payment Trust that is reported by the Master Servicer to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02Trustee. In the case of information furnished pursuant to subclauses (i), (ii) and (viviii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information Mortgage Loan data to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Master Servicer shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap CounterpartyServicer, and the Securities Administrator Master Servicer shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in Upon request, the Trustee shall also deliver or cause to be delivered by first paragraph of this Section 4.03(a) shall be provided class mail to the Trustee by Depositor a copy of the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior above-described written report, to the Distribution Datefollowing address: Mortgage Finance Group, Lehman Brothers Inc., 101 Hudson Street, 33rd Floor, Jersey City, New Xxxxxx, 07302, Attentixx: Xxxxxxx X. Labanowski, or to such other address as the Depositor may dxxxxxxxx.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall will be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Master Servicer shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the such Master Servicer's actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available send to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(iiSection 4.03(a) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the Trustee. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the CodeFund. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2001 15a)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator shall have prepared (based solely on information provided by the Master Servicer and the Trustee or the Swap Counterparty) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder a report setting forth the following information (on the basis of Mortgage Loan level information obtained from the ServicersServicer):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the Residual Certificate;
(A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers Servicer (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ix) the amount of the Servicing Fees, Fees and Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(x) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; and
(xx) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02. In the case of information furnished pursuant to subclauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator based solely on Mortgage Loan data provided to the Securities Administrator by the Master Servicer (in a format agreed to by the Securities Administrator and the Master Servicer) no later than 2:00 12:00 p.m. Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, that has been provided to the Master Servicer by each the Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap Counterparty, and the Securities Administrator shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall be promptly forwarded to the Securities Administrator, the Securities Administrator shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a the Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such the Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the Trustee. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information).
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
Appears in 1 contract
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared prepare (based solely on the basis of the Underlying Distribution Date Statement obtained from the Underlying Trustee on or prior to the Distribution Date and other information provided by the Master Servicer or the Swap CounterpartyServicer) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager each Certificateholder and each Certificateholder Rating Agency a report setting forth the following information (on the basis of Mortgage Loan level information obtained from the ServicersServicers and the Master Servicer):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, other than any Class of Notional Certificates or the Class 6-A1 or Class 6-A2 Certificates, and in respect of each Component, to the extent applicable, allocable to principal on the Mortgage Loans, including any Subsequent Recovery, Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principalprincipal in each Mortgage Pool;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, other than the Class AP Certificates and the Class 6-A2 Certificates, and in respect of each Component, allocable to interest and interest, including any Accrual Amount added to the calculation thereofClass Principal Amount of any Class of Accrual Certificates;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the a Residual Certificate;
(iv) for each Mortgage Pool and in the aggregate, (A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers Master Servicer or any Servicer (or the Master ServicerTrustee solely in its capacity as successor master servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Aggregate Principal Balance of all the Mortgage Loans as and the Non-AP Pool Balance of the close of business on the last day of the related Collection Periodeach Mortgage Pool for such Distribution Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, and the Component Principal Amount or Component Notional Amount, as applicable, of each Component as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) aboveabove (and to the addition of any Accrual Amount in the case of any Class of Accrual Certificates), separately identifying any reduction of any of the foregoing Certificate Principal Amounts, Component Principal Amounts or Component Notional Amounts due to Applied Loss AmountsRealized Losses;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by for each Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred realized with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date, stating separately the amount of Special Hazard Losses, Fraud Losses and Bankruptcy Losses and the aggregate amount of such Realized Losses, and the remaining Special Hazard Loss Amount, Fraud Loss Amount and Bankruptcy Loss Amount;
(ixviii) the amount of the Master Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums Servicing Fees paid during the Collection Due Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance of Mortgage LoansLoans in each Mortgage Pool and in the aggregate, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basisdelinquent one month, (c) Delinquent 60 to 89 days on a contractual basisdelinquent two months, (d) Delinquent 90 delinquent three or more days on a contractual basismonths, and (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, ;
(fx) the deemed principal balance of each REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in bankruptcy and (g) that are REO Propertieswhich such Distribution Date occurs;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property any Mortgage Loan that became a an REO Property during the preceding calendar month, the principal balance of such Mortgage Loan and the number of such Mortgage Loans as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Interest Shortfalls and Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution distributions made on such Distribution Date;
(xiv) the Certificate Interest Rate or Component Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates and each Component, respectively;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvi) the amount of any Class P Distributable Amount allocated to the Class P Certificates for that Distribution Date;
(xvii) the amount of any Overcollateralization Deficiency Amount principal and interest, if any, distributed in respect of the Underlying Certificates on the related Underlying Distribution Date; and
(xviii) the certificate principal amount and the class principal amount of the Underlying Certificates (i) immediately prior to the related Distribution Date and (ii) as of such Distribution Date, after giving effect to the distributions of principal made in such thereon on the Underlying Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; and
(xx) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02. In the case of information furnished pursuant to subclauses (i), (ii) and (vivii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. Holders of the Group 6 Certificates may receive access to the monthly Underlying Distribution Date Statements by accessing the Trustee’s internet website as described below. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities Administrator’s internet website shall , initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000www.sfcitidirect.com. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating suchclxxx xxxx xxxx xxxxxxt. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above above-parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above above-parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on the Underlying Distribution Date Statement provided by the Underlying Trustee for the related Underlying Distribution Date with respect to information with respect to the Underlying Certificates and on the Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information Mortgage Loan data to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Master Servicer shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap CounterpartyServicer, and the Securities Administrator Master Servicer shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The In addition, the Trustee shall be entitled to conclusively rely on the accuracy of the information and reports described in the first paragraph of this Section 4.03(a) shall be Underlying Distribution Date Statements that have been provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution DateUnderlying Trustee.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall will be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Master Servicer shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the such Master Servicer’s actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections Section 4.03(a)(i) and 4.03(a)(ii(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Securities Corp. 2005-15)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared (based solely on information provided by the Master Servicer or the Swap CounterpartyServicer) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder and the Certificate Insurer a written report setting forth the following information (on the basis of Mortgage Loan level information obtained from the ServicersServicers and the Master Servicer):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, to the extent applicableother than any Class of Notional Certificates, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates Certificates, other than any Class of Principal Only Certificates, allocable to interest and interest, including any Accrual Amount added to the calculation thereofClass Principal Amount of any Class of Accrual Certificates;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the a Residual Certificate;
(A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers Master Servicer or any Servicer (or the Master ServicerTrustee) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Aggregate Principal Balance of all the Mortgage Loans as of and the close of business on the last day of the related Collection PeriodNon-AP Pool Balance for such Distribution Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) aboveabove (and to the addition of any Accrual Amount in the case of any Class of Accrual Certificates), separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;Realized Losses:
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred realized with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date, stating separately the amount of Special Hazard Losses, Fraud Losses and Bankruptcy Losses and the aggregate amount of such Realized Losses, and the remaining Special Hazard Loss Amount, Fraud Loss Amount and Bankruptcy Loss Amount;
(ixviii) the amount of the Master Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums Servicing Fees paid during the Collection Due Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basisdelinquent one month, (c) Delinquent 60 to 89 days on a contractual basisdelinquent two months, (d) Delinquent 90 delinquent three or more days on a contractual basismonths, and (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, ;
(fx) the deemed principal balance of each REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in bankruptcy and (g) that are REO Propertieswhich such Distribution Date occurs;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property any Mortgage Loan that became a an REO Property during the preceding calendar month, the principal balance of such Mortgage Loan and the number of such Mortgage Loans as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Interest Shortfalls and Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xviixvi) the amount of any Overcollateralization Deficiency Class P Distributable Amount after giving effect allocated to the distributions made in such Class P Certificates for that Distribution Date and the amount of any Class E Distributable Amount allocated to the Class E Certificates for that Distribution Date;
(xviiixvii) the aggregate amount of any insurance claim payments received with Insured Payments made in respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the CertificatesClass A4 Guaranteed Distributions paid out of the Class A4 Policy Payments Account under the Class A4 Certificate Insurance Policy; and
(xxxviii) any amounts withdrawn from the amount of any Net Swap Payment to the Supplemental Interest Trust made Class A4 Reserve Fund pursuant to Section 5.02, any Net Swap Payment to 4.06 for the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02Distribution Date. In the case of information furnished pursuant to subclauses (i), (ii) and (vivii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files provided by the Master Servicer containing the same information in an alternative format) available each month to the TrusteeDepositor, any NIMS Insurer, the Certificateholders and the Rating Agencies via the Securities Administrator’s Trustee's internet website. The Securities Administrator’s Trustee's internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000xxx.xx.xxxxxxxxxx.xxx. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating suchupon request. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a electronic format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. 12:00 p.m.(noon) Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information Mortgage Loan data to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Master Servicer shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap CounterpartyServicer, and the Securities Administrator Master Servicer shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, or the Certificate Insurer, which request, if received by the Trustee, shall will be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder or the Certificate Insurer such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder or the Certificate Insurer may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Master Servicer shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the such Master Servicer’s actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, record and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(iiSection 4.03(a) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator shall furnish Upon the reasonable advance written request of any other information that is required Holder of a Subordinate Certificate, which request, if received by the Code and regulations thereunder Trustee, will be promptly forwarded to be made available to Certificateholders. The the Master Servicer, the Master Servicer shall provide provide, or cause to be provided, (or, to the Securities Administrator with extent that such information as or documentation is necessary not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to such Certificateholder an appraisal or broker price opinion regarding any or all Mortgage Loans which are delinquent three or more months with the related address and borrower name redacted from such appraisal or broker price opinion; provided, however, that the Master Servicer shall be entitled to be reimbursed by such Certificateholder for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon Master Servicer’s actual expenses incurred in providing such information)appraisal or broker price opinion.
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Securities Co Mor Pass-THR Cer Ser 2002-19)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared prepare (based solely on information provided by the Master Servicer Servicer, the Cap Counterparty or the Swap Counterparty) and shall make available to the Trustee, any NIMS Insurer, Certificateholders and the Swap Counterparty, Counterparty a written report (the Credit Risk Manager and each Certificateholder a report “Distribution Date Statement”) setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers):).
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Offered Certificates, to the extent applicableother than any Class of Notional Certificates, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Offered Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution distributions to the Holders of the Class P CertificateC, Class 1-P, Class 2-P, Class 1-X, Class 2-X, Class LT-R-1, Class LT-R-2, Class R-1 and Class R-2 Certificates on such Distribution Date, stated separately, and the aggregate amounts, if any, of distributions to the Holders of the Class X C, Class 1-P, Class 2-P, Class 1-X, Class 2-X, Class LT-R-1, Class LT-R-2, Class R-1 and Class R-2 Certificates and the Residual Certificateon all Distribution Dates, stated separately;
(iv) (A) by Mortgage Pool and in the aggregate, the aggregate amount of any Advances required to be made by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Pool 1 Applied Loss Amounts and/or Pool 2 Applied Loss Amounts, as applicable;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ixviii) by Mortgage Pool and in the aggregate, the amount of the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(xix) by Mortgage Pool and in the aggregate, the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xix) by Mortgage Pool and in the aggregate, the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Mortgage Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xiixi) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiiixii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Deferred Amounts, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each applicable Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xivxiii) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates (with a notation if such Certificate Interest Rate reflects the application of the applicable Net Funds Cap);
(xvxiv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount with respect to each Mortgage Pool and the Pool 1 Senior Principal Distribution Amount, the Pool 2 Senior Principal Distribution Amount, the Pool 1 Overcollateralization Release Amount and the Pool 2 Overcollateralization Release Amount applicable to such Distribution Date;
(xvixv) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvi) the Pool 1 Overcollateralization Amount and the Pool 2 Overcollateralization Amount after giving effect to the distributions made on such Distribution Date;
(xvii) the amount of any Pool 1 Overcollateralization Deficiency Amount and the Pool 2 Overcollateralization Deficiency after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of each of the LIBOR Certificates; and;
(xix) [reserved];
(xx) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02; and
(xxi) the amount of any payments made by the Cap Counterparty to the Trust Fund under the Class 1-A1 Cap Agreement. In addition to the information listed above, such Distribution Date Statement shall also include such other information as is required by Form 10-D, including, but not limited to, the information required by Item 1121 (§ 229.1121) of Regulation AB, other than those data elements specified in Item 1121(a)(11), (12) and (14). In the case of information furnished pursuant to subclauses sub-clauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered with respect to the holder of the Class 1-X and Class 2-X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. On any Distribution Date after the occurrence of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 1 Regular Interests or the Pooling REMIC 2 Regular Interests, the information required by subclauses (i), (ii), (iv), (v), (vii), (viii), (ix), (x), (xi), (xii), (xv) (and in the case of the Class LT-R-1 and Class LT-R-2 Certificates, subclause (iii) shall be provided to the Holder of the Class LT-R-1 and/or Class LT-R-2 Certificates and the LTURI-holder of the applicable Pooling REMIC Regular Interests. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) provided to it by the Master Servicer available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” xxx.xx.xxxxxxxxxx.xxx”. Assistance in using the website can be obtained by calling the Securities AdministratorTrustee’s customer service desk at 0-(000-) 000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating suchsuch or notifying the Trustee at Citibank, N.A., 000 Xxxxxxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Agency and Trust—Xxxxxx XS Trust Service 2006-1. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurerinformation, the Securities Administrator Trustee shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and to the Trustee by the Master Servicer and (ii) regarding the Swap Agreement, that has been provided to the Trustee by the Swap Counterparty, and the Securities Administrator Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, company (which request, if received by the Trustee, shall Trustee will be promptly forwarded to the Securities AdministratorMaster Servicer), the Securities Administrator Master Servicer shall provide, or cause to be provided, to the extent such information is available to the Master Servicer exercising reasonable efforts to obtain such information (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to the NIM Securities or an investment in the Certificates; provided, however, that the Securities Administrator Trustee shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared shall, upon written request, prepare and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections Section 4.03(a)(i) and 4.03(a)(ii(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator Trustee shall prepare and file with the Internal Revenue Service (“IRS”), on behalf of the Trust Fund, an application for an employer identification number on IRS Form SS-4 or by any other acceptable method. The Trustee shall also file a Form 8811 as required. The Trustee, upon receipt from the IRS of the Notice of Taxpayer Identification Number Assigned, shall upon request promptly forward a copy of such notice to the Master Servicer and the Depositor. The Trustee shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator Trustee with such information as is necessary for the Securities Administrator Trustee to prepare such reports (and comply with the Securities Administrator may rely solely upon such information)foregoing.
Appears in 1 contract
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared (based solely on information provided by the Master Servicer or the Swap Counterparty) and shall make available to the Trustee, any NIMS InsurerDepositor, the Swap CounterpartyRating Agencies, the Credit Risk Manager Certificate Insurer and each Certificateholder a written report setting forth the following information (on the basis of Mortgage Loan level information obtained from the ServicersServicer pursuant to the Servicing Agreement):
(ia) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(iib) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iiic) the amount, if any, of any distribution distributions to the Holders of the Class P CertificateP, Class OC and Class R Certificates on such Distribution Date, stated separately, and the aggregate amounts, if any, of distributions to the Holders of the Class X P, Class OC and Class R Certificates and the Residual Certificateon all Distribution Dates, stated separately;
(Ad) the aggregate amount of any P&I Advances required to be made by or on behalf of the Servicers (or the Master Servicer) Servicer with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(ve) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Stated Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Due Period, after giving effect to payments allocated to principal reported under clause (ia) above;
(vif) the Class Principal Amount Balance of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Class Principal Amounts Balances due to Applied Loss AmountsRealized Losses;
(viig) the amount of any Prepayment Premiums Penalties distributed to the Class P Certificates;
(viiih) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ixi) the amount of the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid or retained by the Servicer during the Collection Due Period to which such distribution relates;
(xj) the number and aggregate Scheduled Stated Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all each as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties, (h) that are Charged-off Loans ,(i) that are Released Mortgage Loans and (j) that are Liquidated Mortgage Loans;
(xik) the aggregate Scheduled Stated Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property Property, each as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xiil) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Stated Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Replacement Mortgage Loan;
(xiiim) the aggregate outstanding Interest Carryforward InterestAmount, Net Prepayment Interest Shortfalls, Relief Act Shortfalls and Basis Risk Shortfalls and Unpaid Basis Risk ShortfallsCarryforward Amount, if any, for each applicable Class of Certificates, after giving effect to the distribution distributions made on such Distribution Date;
(xivn) the Certificate Interest Pass-Through Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates (with a notation if such Pass-Through Rate reflects the application of the Net WAC Cap);
(xvo) with respect the amount of Certificate Insurance Premium paid to each Mortgage Poolthe Certificate Insurer on such Distribution Date;
(p) the Available Distribution Amount, the Interest Remittance Amount and Amount, the Principal Remittance Distribution Amount applicable to such Distribution Date;
(xviq) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Distribution Account and the amounts actually distributed);
(xviir) the amount of any Overcollateralization Deficiency Overcollateralized Amount after giving effect to the distributions made in on such Distribution Date;
(xviiis) the aggregate amount of any insurance claim payments received with respect Overcollateralization Increase Amount after giving effect to the Bulk PMI Policy and any LPMI Policy during the related Collection Perioddistributions made on such Distribution Date;
(xixt) the level of LIBOR for such Distribution Date and the Certificate Interest Rate level of LIBOR for the Certificatesfollowing Distribution Date; and
(xxu) The Three Month Rolling Average and the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02. In the case of information furnished pursuant to subclauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of CertificatesSenior Enhancement Percentage. The Securities Administrator Trustee shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) reports available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities Administrator’s internet websiteits website at xxx.xxxxxxxx.xxx. The Securities Administrator’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can may be obtained by calling the Securities Administrator’s customer service desk Trustee at 0-(000-) 000-0000. Such Certificateholders, the Certificate Insurer and other parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling contacting the customer service desk Trustee and indicating such. The Securities Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator based solely on Mortgage Loan data provided to the Securities Administrator by the Master Servicer (in a format agreed to by the Securities Administrator and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurerreports, the Securities Administrator Trustee shall be entitled to rely conclusively on the accuracy and completeness of the information or data (i) regarding the Mortgage Loans and the related REO Property, Properties that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided Trustee by the Swap CounterpartyServicer, without any independent investigation, and the Securities Administrator Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall be promptly forwarded to the Securities Administrator, the Securities Administrator Trustee shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a the Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such the Servicer, and provide) to any NIMS Insurer and such Certificateholder Certificateholders such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder Certificateholders may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Trustee shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer Certificateholders for the Trustee’s actual expenses incurred in providing such reports and access.
(c) Within 90 days. For all purposes of this Agreement, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available with respect to any NIMS Insurer Mortgage Loan, delinquencies shall be determined and each Person who at any time during reported based on the calendar year was so-called “OTS” methodology for determining delinquencies on mortgage loans similar to the Mortgage Loans. By way of example, a Certificateholder Mortgage Loan would be delinquent with respect to a Scheduled Payment due on a Due Date if such Scheduled Payment is not made by the close of recordbusiness on the Mortgage Loan’s next succeeding Due Date, and make available a Mortgage Loan would be more than 30-days Delinquent with respect to Certificate Owners (identified as such Scheduled Payment if such Scheduled Payment were not made by the Clearing Agency) in accordance with applicable regulations, a report summarizing close of business on the items provided Mortgage Loan’s second succeeding Due Date. The Servicer hereby represents and warrants to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, Depositor that this Section 4.03(c) shall delinquency recognition policy is not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include less restrictive than any delinquency recognition policy established by the amount of original issue discount accrued on each Class of Certificates primary safety and information regarding the expenses soundness regulator, if any, of the Trust Fund furnished by the Master Servicer to the Trustee. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)Servicer.
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
Appears in 1 contract
Samples: Trust Agreement (Morgan Stanley Mortgage Loan Trust 2007-9sl)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared prepare (based solely on information provided by the Master Servicer or the Swap CounterpartyServicer) and shall make available to the Trustee, any NIMS Insurer, Certificateholders and the Swap Counterparty, the Credit Risk Manager and each Certificateholder Certificate Insurer a written report setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers):).
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates other than any Class of Notional Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution distributions to the Holders of the Class P CertificateCertificates, the Class X Certificates and the Residual CertificateCertificates on such Distribution Date, stated separately, and the aggregate amounts, if any, of distributions to the Holders of the Class P Certificates, the Class X Certificates and the Residual Certificates on all Distribution Dates, stated separately;
(A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage LoansLoans in the Mortgage Pool, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ixviii) the amount of the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xix) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Mortgage Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xiixi) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiiixii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Basis Risk Deferred Amounts, Net Funds Cap Shortfalls and Unpaid Basis Risk Net Funds Cap Shortfalls, if any, for each applicable Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xivxiii) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates (with a notation if such Certificate Interest Rate reflects the application of the Net Funds Cap);
(xvxiv) with respect to each Mortgage Poolthe Interest Remittance Amount, the Interest Principal Remittance Amount and the Principal Remittance Aggregate Overcollateralization Release Amount applicable to such Distribution Date;
(xvixv) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xviixvi) the amount of any Overcollateralization Deficiency Amount after giving effect the monthly Certificate Insurance Premium (and the Aggregate Certificate Insurance Premium, if different) due to the distributions Certificate Insurer on the related Distribution Date and the amount of any Insured Payments made in such Distribution Daterespect of the Guaranteed Distributions to the Class A5 Certificates or Class A6 Certificates paid out of the Policy Payments Account under the Certificate Insurance Policy;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xixxvii) the level of LIBOR and the Certificate Interest Rate of the Class M1 Certificates; and
(xxxviii) the amount of any Net Swap Payment payments made by the Cap Provider to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to Fund under the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to Basis Risk Cap and the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02Class X Cap. In the case of information furnished pursuant to subclauses sub-clauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered with respect to the holder of the Class X CertificatesCertificate) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) provided to it by the Master Servicer available each month to Certificateholders, the Trustee, any NIMS Insurer, Certificateholders Certificate Insurer and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000xxx.xxxxxxxxxxxxxx.xxxxxxxxxxx.xxx”. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating suchupon request. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. 12:00 p.m.(noon) Eastern Standard Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurerinformation, the Securities Administrator Trustee shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding to the Swap Agreement, that has been provided Trustee by the Swap CounterpartyMaster Servicer, and the Securities Administrator Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, or the Certificate Insurer, which request, if received by the Trustee, shall Trustee will be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, to the extent such information is available to the Master Servicer exercising reasonable efforts to obtain such information (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to the NIM Securities or an investment in the Certificates; provided, however, that the Securities Administrator Trustee shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall shall, if requested, have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(iiSection 4.03(a) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, however that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator Trustee shall prepare and file with the Internal Revenue Service (“IRS”), on behalf of the Trust Fund, an application for an employer identification number on IRS Form SS-4 or by any other acceptable method. The Trustee shall also file a Form 8811 as required. The Trustee, upon receipt from the IRS of the Notice of Taxpayer Identification Number Assigned, shall upon request promptly forward a copy of such notice to the Master Servicer and the Depositor. The Trustee shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator Trustee with such information as is necessary for the Securities Administrator Trustee to prepare such reports (and comply with the Securities Administrator may rely solely upon such information)foregoing.
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Securities Corp Mo Pa Th Ce Ser 2003-25xs)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared (based solely on information provided by the Master Servicer or the Swap CounterpartyServicer) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder a report (each, a "Monthly Report") setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicersapplicable Servicer and the Master Servicer):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including any Subsequent Recovery, Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principalprincipal in the Mortgage Pool;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and interest, including any Accrual Amount added to the calculation thereofClass Principal Amount of any Class of Accrual Certificates;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the a Residual Certificate;
(iv) (A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers Master Servicer or any Servicer (or or, if applicable, the Trustee solely in its capacity as successor Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Aggregate Principal Balance of all the Mortgage Loans as of and the close of business on the last day of the related Collection PeriodPool Balance for such Distribution Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) aboveabove (and to the addition of any Accrual Amount in the case of any Class of Accrual Certificates), separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss AmountsRealized Losses;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred realized with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date, stating separately the amount of Special Hazard Losses, Fraud Losses and Bankruptcy Losses and the aggregate amount of such Realized Losses, and the remaining Special Hazard Loss Amount, Fraud Loss Amount and Bankruptcy Loss Amount;
(ixviii) the amount of the Master Servicing Fees, Credit Risk Manager’s Servicing Fees and PMI Insurance Premiums Trustee Fee paid during the Collection Due Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basisdelinquent one month, (c) Delinquent 60 to 89 days on a contractual basisdelinquent two months, (d) Delinquent 90 delinquent three or more days on a contractual basismonths, and (e) as to which foreclosure proceedings have been commenced, all as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xiix) the deemed aggregate principal balance of all REO Properties as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xi) with respect to substitution of Mortgage Loans in the preceding calendar month, the aggregate Scheduled Principal Balance of each all such Deleted Mortgage LoanLoans, and of each all Qualifying Substitute Mortgage LoanLoans;
(xiiixii) the aggregate outstanding Carryforward Interest, Interest Shortfalls and Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xivxiii) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvixiv) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xviixv) the amount of any Overcollateralization Deficiency Amount after giving effect payments made to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate each of the CertificatesClass B1, Class B2, Class B3, Class B4, Class B5 and Class B6 Certificates in respect of Subordinate Floating Rate Certificate Shortfalls and Unpaid Subordinate Floating Rate Certificate Shortfalls; and
(xxxvi) the amount of any Net Swap Payment payments made to each Class of Certificates in respect of a REMIC Regular Interest and the Supplemental Interest Trust amount of payments made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02each Class of Certificates not in respect of a REMIC Regular Interest. In the case of information furnished pursuant to subclauses (i), (ii) and (viviii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files provided by the Master Servicer containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities Administrator’s Trustee's internet website. The Securities Administrator’s Trustee's internet website shall initially be located at “xxx.xxxxxxx.xxx.” xxx.xxxxxxxx.xxx/xxx. Assistance in using the website can be obtained by calling the Securities Administrator’s Trustee's customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The Trustee shall provide a "zero settlement file" to Bloomberg L.P. within seven (7) calendar days after the receipt of the collateral data file from the Depositor, but in no event later than the first Distribution Date, which shall contain all of the information in the initial Monthly Report (without giving effect to any distributions); provided, however, that in no event will such zero settlement file contain any mortgagor-specific information. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information Mortgage Loan data to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Master Servicer shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap CounterpartyServicer, and the Securities Administrator Master Servicer shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall will be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Master Servicer shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the such Master Servicer's actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available shall, upon written request, send to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(iiSection 4.03(a) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee Such requirement shall be deemed to have been satisfied this requirement if it forwards to the extent such information is provided pursuant to applicable requirements of the Code from time to time in any other format permitted by the Codeeffect. The Master Servicer shall provide the Trustee with such Mortgage Loan level information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
Appears in 1 contract
Samples: Trust Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-2)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared (based solely on information provided by the Master Servicer or the Swap CounterpartyServicer) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder a written report setting forth the following information (on the basis of Mortgage Loan level information obtained from the ServicersServicers and the Master Servicer):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, other than any Class of Notional Certificates, and in respect to each Component, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principalprincipal in each Mortgage Pool;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates Certificates, other than any Class of Principal Only Certificates, and in respect of each Component, allocable to interest and interest, including any Accrual Amount added to the calculation thereofClass Principal Amount of any Class of Accrual Certificates;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the a Residual Certificate;
(iv) for each Mortgage Pool and in the aggregate, (A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers Master Servicer or any Servicer (or the Master ServicerTrustee) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Aggregate Principal Balance of all the Mortgage Loans as and the Non-AP Pool Balance of the close of business on the last day of the related Collection Periodeach Mortgage Pool for such Distribution Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, and the Component Principal Amount of each Component as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) aboveabove (and to the addition of any Accrual Amount in the case of any Class of Accrual Certificates), separately identifying any reduction of any of the foregoing Certificate Principal Amounts or Component Principal Amounts due to Applied Loss Amounts;Realized Losses:
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by for each Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred realized with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date, stating separately the amount of Special Hazard Losses, Fraud Losses and Bankruptcy Losses and the aggregate amount of such Realized Losses, and the remaining Special Hazard Loss Amount, Fraud Loss Amount and Bankruptcy Loss Amount;
(ixviii) the amount of the Master Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums Servicing Fees paid during the Collection Due Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance of Mortgage LoansLoans in each Mortgage Pool and in the aggregate, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basisdelinquent one month, (c) Delinquent 60 to 89 days on a contractual basisdelinquent two months, (d) Delinquent 90 delinquent three or more days on a contractual basismonths, and (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, ;
(fx) the deemed principal balance of each REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in bankruptcy and (g) that are REO Propertieswhich such Distribution Date occurs;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property any Mortgage Loan that became a an REO Property during the preceding calendar month, the principal balance of such Mortgage Loan and the number of such Mortgage Loans as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Interest Shortfalls and Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xiv) the Certificate Interest Rate or Component Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates and each Component, respectively;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);; and
(xviixvi) the amount of any Overcollateralization Deficiency Class P Distributable Amount after giving effect allocated to the distributions made in such Class P Certificates for that Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy Date and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; and
(xx) the amount of any Net Swap Payment Class E Distributable Amount allocated to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02Class E Certificates for that Distribution Date. In the case of information furnished pursuant to subclauses (i), (ii) and (vivii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities Administrator’s Trustee's internet website. The Securities Administrator’s Trustee's internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000xxx.xxxxxxxx.xxx. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating suchupon request. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. 12:00 p.m.(noon) Eastern Standard Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information Mortgage Loan data to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Master Servicer shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap CounterpartyServicer, and the Securities Administrator Master Servicer shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in On each Distribution Date, the first paragraph of this Section 4.03(a) Trustee shall be provided also provide or make available to the Trustee by Depositor a copy of the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior above-described written report, to the Distribution Datefollowing address: Mortgage Finance Group, Xxxxxx Brothers Inc., 000 Xxxxxx Xxxxxx, Jersey City, New Jersey 07302, Attention: Xxxxxx X. Xxxxx, or to such other address as the Depositor may designate.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall will be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Master Servicer shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the such Master Servicer’s actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(iiSection 4.03(a) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Sec Corp Mort Pass THR Certs Series 2003-1)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared (based solely on information provided by the Master Servicer or the Swap Counterparty) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder a report setting forth the following information (on the basis of Mortgage Loan level information obtained from the ServicersServicer):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates, the Class LT-R Certificates and the Residual Class R Certificate;
(A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers Servicer (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount of each Class of CertificatesCertificates and the Component Principal Amount of each Component, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ix) the amount of the Servicing Fees, Fee and Credit Risk Manager’s Fees and PMI Insurance Premiums Fee paid during the Collection Period to which such distribution relates;
(x) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount level of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection PeriodLIBOR for such Distribution Date;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; and
(xx) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02; and
(xx) whether a Trigger Event is in effect for that Distribution Date. In the case of information furnished pursuant to subclauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. On any Distribution Date after the occurrence of a Section 7.01(c) Purchase Event, the information required by subclauses (i), (iii), (iv), (v), (vii), (viii), (ix), (x), (xi), (xii), (xv) and (xix) shall be provided to any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager, the Holder of the Class LT-R Certificate and the LTURI-holder with regard to the Lower Tier REMIC 1 Uncertificated Regular Interests in lieu of the Certificates. The Securities Administrator Trustee shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and Certificateholders, the Swap Counterparty, the Rating Agencies and any other parties entitled thereto via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxxxxxxx://xxxxxxxxxxxxxxxxxxxxxx.xxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) and information provided by the Swap Counterparty no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Trustee shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, that has been provided to the Trustee by the Master Servicer based on information received by each the Master Servicer from the Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap Counterparty, and the Securities Administrator Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) Master Servicer shall be entitled to conclusively rely on the Mortgage Loan data provided to the Trustee by the Securities Administrator Servicer and shall have no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Dateliability for any errors in such Mortgage Loan data.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a the Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such the Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Master Servicer shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the Trustee. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information).
(d) The Securities Administrator Trustee shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator Trustee with such information as is necessary for the Securities Administrator Trustee to prepare such reports (and the Securities Administrator Trustee may rely solely upon such information).
Appears in 1 contract
Samples: Trust Agreement (First Franklin Mortgage Loan Trust 2005-Ff10)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared prepare (based solely on information provided by the Master Servicer or the Swap Counterparty) and shall make available to the Trustee, any NIMS Insurer, Certificateholders and the Swap Counterparty, Counterparty a written report (the Credit Risk Manager and each Certificateholder a report “Distribution Date Statement”) setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers):).
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Offered Certificates, to the extent applicableother than any Class of Notional Certificates, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Offered Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution distributions to the Holders of the Class P CertificateC, Class P, Class X, Class LT-R and Class R Certificates on such Distribution Date, stated separately, and the aggregate amounts, if any, of distributions to the Holders of the Class X C, Class P, Class X, Class LT-R and Class R Certificates and the Residual Certificateon all Distribution Dates, stated separately;
(A) by Mortgage Pool and in the aggregate, the aggregate amount of any Advances required to be made by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ixviii) by Mortgage Pool and in the aggregate, the amount of the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(xix) by Mortgage Pool and in the aggregate, the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xix) by Mortgage Pool and in the aggregate, the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Mortgage Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xiixi) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiiixii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Deferred Amounts, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each applicable Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xivxiii) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates (with a notation if such Certificate Interest Rate reflects the application of the applicable Net Funds Cap);
(xvxiv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount with respect to each Mortgage Pool and the Senior Principal Distribution Amount and the Overcollateralization Release Amount applicable to such Distribution Date;
(xvixv) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvi) the Overcollateralization Amount after giving effect to the distributions made on such Distribution Date;
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of each of the LIBOR Certificates;
(xix) [reserved]; and
(xx) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02. In addition to the information listed above, such Distribution Date Statement shall also include such other information as is required by Form 10-D, including, but not limited to, the information required by Item 1121 (§ 229.1121) of Regulation AB, other than those data elements specified in Item 1121(a)(11), (12) and (14). In the case of information furnished pursuant to subclauses sub-clauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered with respect to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. On any Distribution Date after the occurrence of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 1 Regular Interests, the information required by subclauses (i), (ii), (iv), (v), (vii), (viii), (ix), (x), (xi), (xii), (xv) (and in the case of the Class LT-R Certificates, subclause (iii)) shall be provided to the Holder of the Class LT-R Certificates and the LTURI-holder of the Pooling REMIC 1 Regular Interests. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) provided to it by the Master Servicer available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” xxx.xx.xxxxxxxxxx.xxx”. Assistance in using the website can be obtained by calling the Securities AdministratorTrustee’s customer service desk at 0-(000-) 000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating suchsuch or notifying the Trustee at Citibank, N.A., 000 Xxxxxxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Agency and Trust—Xxxxxx XS Trust Service 2006-7. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurerinformation, the Securities Administrator Trustee shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and to the Trustee by the Master Servicer and (ii) regarding the Swap Agreement, that has been provided to the Trustee by the Swap Counterparty, and the Securities Administrator Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, company (which request, if received by the Trustee, shall Trustee will be promptly forwarded to the Securities AdministratorMaster Servicer), the Securities Administrator Master Servicer shall provide, or cause to be provided, to the extent such information is available to the Master Servicer exercising reasonable efforts to obtain such information (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to the NIM Securities or an investment in the Certificates; provided, however, that the Securities Administrator Trustee shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared shall, upon written request, prepare and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections Section 4.03(a)(i) and 4.03(a)(ii(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator Trustee shall prepare and file with the Internal Revenue Service (“IRS”), on behalf of the Trust Fund, an application for an employer identification number on IRS Form SS-4 or by any other acceptable method. The Trustee shall also file a Form 8811 as required. The Trustee, upon receipt from the IRS of the Notice of Taxpayer Identification Number Assigned, shall upon request promptly forward a copy of such notice to the Master Servicer and the Depositor. The Trustee shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator Trustee with such information as is necessary for the Securities Administrator Trustee to prepare such reports (and comply with the Securities Administrator may rely solely upon such information)foregoing.
Appears in 1 contract
Samples: Trust Agreement (LXS 2006-7)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared prepare (based solely on information provided by the Master Servicer Servicer, the Cap Counterparty or the Swap Counterparty) and shall make available to the TrusteeCertificateholders, any NIMS Insurer, the Cap Counterparty and the Swap CounterpartyCounterparty a written report, which may be in electronic form (the Credit Risk Manager and each Certificateholder a report “Distribution Date Statement”) setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers):).
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Offered Certificates, to the extent applicableother than any Class of Notional Certificates, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution distributions to the Holders of the Class P CertificateP, Class X, Class LT-R and Class R Certificates on such Distribution Date, stated separately, and the aggregate amounts, if any, of distributions to the Holders of the Class P, Class X, Class LT-R and Class R Certificates on all Distribution Dates, stated separately;
(iv) the amount, if any, of distributions to the C-X Component, the Class S-X Certificates Component and the Residual CertificateX-S Component, stated separately;
(v) (A) the aggregate amount of any Advances required to be made with respect to the related Collection Period by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(vvi) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vivii) the Class Principal Amount and Class Notional Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ix) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(x) the amount of the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(xxi) the number and aggregate Scheduled Principal Aggregate Loan Balance of the Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO PropertiesProperties (the information in this item (xi) to be calculated using the OTS delinquency method);
(xixii) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xiixiii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiiixiv) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Deferred Amounts, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each applicable Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xivxv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates (with a notation if such Certificate Interest Rate reflects the application of the Senior Net Funds Cap or Subordinate Net Funds Cap, as applicable);
(xvxvi) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount and the Senior Principal Distribution Amount and the Overcollateralization Release Amount applicable to such Distribution Date;
(xvixvii) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xviixviii) the Overcollateralization Amount after giving effect to the distributions made on such Distribution Date;
(xix) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xixxx) the level of LIBOR and LIBOR, the Certificate Interest Rate of each of the Certificates; andOffered Certificates for such Distribution Date;
(xxxxi) the amount of any payments made by the Cap Counterparty to the Supplemental Interest Trust pursuant to the Cap Agreement;
(xxii) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02. In the case of information furnished pursuant to subclauses 5.02 (i), (iixxiii) and (vi) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator based solely on Mortgage Loan data provided to the Securities Administrator by the Master Servicer (in a format agreed to by the Securities Administrator and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap Counterparty, and the Securities Administrator shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall be promptly forwarded to the Securities Administrator, the Securities Administrator shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the Trustee. The Trustee shall be deemed to have satisfied this requirement any FPD Premiums, if it forwards any, for such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information).
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).Distribution Date; and
Appears in 1 contract
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator shall have prepared (based solely on information provided by the Master Servicer and the Trustee or the Swap Counterpartyany Cap Provider) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder a report setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates other than any Class of Notional Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the Residual Certificate;
(A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ix) the amount of the Servicing Fees, Securities Administrator Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(x) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; and
(xx) the amount of any Net Swap Payment payments made by the Cap Provider to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to Fund under the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02Cap Agreement. In the case of information furnished pursuant to subclauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator based solely on Mortgage Loan data provided to the Securities Administrator by the Master Servicer (in a format agreed to by the Securities Administrator and the Master Servicer) no later than 2:00 p.m. 12:00 p.m.(noon) Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap CounterpartyServicer, and the Securities Administrator shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. p.m.(noon) Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall be promptly forwarded to the Securities Administrator, the Securities Administrator shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the Trustee. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information).
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Investment Loan Trust 2004-5)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator shall have prepared (based solely on information provided by the Master Servicer or the Swap Counterparty) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Cap Counterparty, Xxxxxx Brothers Special Financing Inc., the Credit Risk Manager and each Certificateholder a report setting forth the following information (on the basis of Mortgage Loan level information obtained from the ServicersMaster Servicer):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the Residual Certificate;
(A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ix) the amount of the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(x) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) [the amount, if any, of Additional Balances created during the related Collection Period;]
(xx) the level of LIBOR and the Certificate Interest Rate of the Certificates; andfor such Distribution Date;
(xxxxi) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02;
(xxii) whether a Sequential Trigger Event is in effect for that Distribution Date;
(xxiii) the amount of any Final Maturity Reserve Amount deposited in the Final Maturity Reserve Account, and, on the earlier of the Distribution Date in [____] 20[__] and the termination of the Trust Fund, the amount distributed from the Final Maturity Reserve Account; and
(xxiv) the amount of any [_____] Cap Amount deposited in the [_____] Cap Account and the amount distributed from the [_____] Cap Account to the Class A4 Certificateholders or Class X Certificateholder. In the case of information furnished pursuant to subclauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. In addition to the information listed above, such report shall also include such other information as is required by Form 10-D, including, but not limited to, the information required by Item 1121 (§ 229.1121) of Regulation AB. The Securities Administrator shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “xxx.xxxxxxx.xxx[________].” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000[________]. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator based solely on Mortgage Loan data provided to the Securities Administrator by the Master Servicer (in a format agreed to by the Securities Administrator and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, that has been provided to the Securities Administrator by the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided to the Securities Administrator by the Swap Counterparty, and the Securities Administrator shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one two Business Day Days prior to the Distribution Date. The Securities Administrator shall provide the Cap Counterparty and Xxxxxx Brothers Special Financing Inc. with (i) the Class [__] Certificate Interest Rate for each Distribution Date, (ii) the Pool 2 Net Funds Cap or Subordinate Net Funds Cap, as applicable, to the Class [__] Certificates for such Distribution Date, (iii) the Class Principal Amount of the Class [__] Certificates (before giving effect to payments for such Distribution Date), (iv) the number of days in the related Accrual Period and (v) information and reports described in paragraph (xxiii) of this Section 4.03(a) no later than 12:00 p.m. Eastern Time two Business Days prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall be promptly forwarded to the Securities Administrator, the Securities Administrator shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the Trustee. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer Securities Administrator shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information).
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
Appears in 1 contract
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator shall have prepared (based solely on information provided by the Master Servicer or the Swap CounterpartyServicer) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager Insurer and each Certificateholder a written report setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers):).
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates other than any Class of Notional Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates Certificate and the Residual Certificate;
(A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any all Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ix) the amount of the Securities Administrator Fees, the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(x) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any either Mortgage Pool with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Net Prepayment Interest Excess, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any the insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy Policies during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the LIBOR Certificates; and
(xx) the amount of any Net Swap Payment payments made by the Cap Provider to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to Fund under the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to Basis Risk Cap and the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02Class X Cap. In the case of information furnished pursuant to subclauses (i), (ii) and (viviii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X CertificatesCertificate) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” ”. Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator based solely on Mortgage Loan data provided to the Securities Administrator by the Master Servicer (in a format agreed to by the Securities Administrator and the Master Servicer) no later than 2:00 p.m. 12:00 p.m.(noon) Eastern Standard Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders Trustee and any NIMS Insurer, the Securities Administrator shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap CounterpartyServicer, and the Securities Administrator shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. p.m.(noon) Eastern Standard Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or and any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall be promptly forwarded to the Securities Administrator, the Securities Administrator shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee Securities Administrator shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(iiSection 4.03(a) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, however that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee Securities Administrator shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee Securities Administrator with such information as is necessary for the Trustee Securities Administrator to prepare such reports (and the Trustee may rely solely upon such information)Securities Administrator shall provide any NIMS Insurer with the required tax information applicable to any NIMS Insurer.
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information)reports.
Appears in 1 contract
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared prepare (based solely on information provided by the Master Servicer or the Swap CounterpartyServicer) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager each Certificateholder and each Certificateholder Rating Agency a written report setting forth the following information (on the basis of Mortgage Loan level information obtained from the ServicersServicers and the Master Servicer):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, other than any Class of Notional Certificates, and in respect of each Component, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principalprincipal in each Mortgage Pool;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates Certificates, other than any Class of Principal Only Certificates, and in respect of each Component, allocable to interest and interest, including any Accrual Amount added to the calculation thereofClass Principal Amount of any Class of Accrual Certificates;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the a Residual Certificate;
(iv) for each Mortgage Pool and in the aggregate, (A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers Master Servicer or any Servicer (or the Master ServicerTrustee) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Aggregate Principal Balance of all the Mortgage Loans as and the Non-AP Pool Balance of the close of business on the last day of the related Collection Periodeach Mortgage Pool for such Distribution Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, and the Component Principal Amount of each Component as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) aboveabove (and to the addition of any Accrual Amount in the case of any Class of Accrual Certificates), separately identifying any reduction of any of the foregoing Certificate Class Principal Amounts or Component Principal Amounts due to Applied Loss Amounts;Realized Losses:
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by for each Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred realized with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date, stating separately the amount of Special Hazard Losses, Fraud Losses and Bankruptcy Losses and the aggregate amount of such Realized Losses, and the remaining Special Hazard Loss Amount, Fraud Loss Amount and Bankruptcy Loss Amount;
(ixviii) the amount of the Master Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums Servicing Fees paid during the Collection Due Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance of Mortgage LoansLoans in each Mortgage Pool and in the aggregate, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basisdelinquent one month, (c) Delinquent 60 to 89 days on a contractual basisdelinquent two months, (d) Delinquent 90 delinquent three or more days on a contractual basismonths, and (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, ;
(fx) the deemed principal balance of each REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in bankruptcy and (g) that are REO Propertieswhich such Distribution Date occurs;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property any Mortgage Loan that became a an REO Property during the preceding calendar month, the principal balance of such Mortgage Loan and the number of such Mortgage Loans as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Interest Shortfalls and Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution distributions made on such Distribution Date;
(xiv) the Certificate Interest Rate or Component Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates and each Component, respectively;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);; and
(xviixvi) the amount of any Overcollateralization Deficiency Class P Distributable Amount after giving effect allocated to the distributions made in such Class P Certificates for that Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy Date and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; and
(xx) the amount of any Net Swap Payment Class E Distributable Amount allocated to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02Class E Certificates for that Distribution Date. In the case of information furnished pursuant to subclauses (i), (ii) and (vivii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000xxx.xx.xxxxxxxxxx.xxx. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating suchupon request. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above above-parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above above-parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. 12:00 p.m.(noon) Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information Mortgage Loan data to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Master Servicer shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap CounterpartyServicer, and the Securities Administrator Master Servicer shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall will be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Master Servicer shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the such Master Servicer’s actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(iiSection 4.03(a) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Sec Corp Mort Pas THR Certs Se 2003 29)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared (based solely on information provided by the Master Servicer or the Swap CounterpartyServicer) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder a written report setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers):).
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates other than any Class of Notional Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates Certificate and the Residual Certificate;
(A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers Servicer (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any all Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ix) the amount of the Trustee Fees, the Servicing Fees, Credit Risk Manager’s Fees and Fees, PMI Insurance Premiums and DA Dividends paid during the Collection Period to which such distribution relates;
(x) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any either Mortgage Pool with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Net Prepayment Interest Excess, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any the insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the LIBOR Certificates; and
(xx) the amount of any Net Swap Payment payments made by the Cap Provider to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to Fund under the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to Basis Risk Cap and the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02Class X Cap. In the case of information furnished pursuant to subclauses (i), (ii) and (viviii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X CertificatesCertificate) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the TrusteeCertificateholders, any NIMS Insurer, Certificateholders Insurer and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities AdministratorTrustee’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. 12:00 p.m.(noon) Eastern Standard Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Trustee shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap CounterpartyServicer, and the Securities Administrator Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or and any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall be promptly forwarded to the Securities Administrator, the Securities Administrator Trustee shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a the Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such the Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Trustee shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the Trustee. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information).
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003 Ff3)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared prepare (based solely on information provided by the Master Servicer or the Swap Counterparty) and shall make available to the Trustee, any NIMS Insurer, Certificateholders and the Swap Counterparty, Counterparty a written report (the Credit Risk Manager and each Certificateholder a report “Distribution Date Statement”) setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers):).
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Offered Certificates, to the extent applicableother than any Class of Notional Certificates, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Offered Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution distributions to the Holders of the Class P CertificateP, Class X, Class LT-R and Class R Certificates on such Distribution Date, stated separately, and the aggregate amounts, if any, of distributions to the Holders of the Class X P, Class X, Class LT-R and Class R Certificates and the Residual Certificateon all Distribution Dates, stated separately;
(A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ixviii) the amount of the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xix) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Mortgage Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xiixi) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiiixii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Deferred Amounts, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each applicable Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xivxiii) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates (with a notation if such Certificate Interest Rate reflects the application of the Net Funds Cap);
(xvxiv) with respect to each Mortgage Pool, the Interest Remittance Amount, the Principal Remittance Amount, the Senior Principal Distribution Amount and the Principal Remittance Overcollateralization Release Amount applicable to such Distribution Date;
(xvixv) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvi) the Overcollateralization Amount after giving effect to the distributions made on such Distribution Date;
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of each of the LIBOR Certificates;
(xix) [reserved]; and
(xx) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02. In addition to the information listed above, such Distribution Date Statement shall also include such other information as is required by Form 10-D, including, but not limited to, the information required by Item 1121 (§ 229.1121) of Regulation AB, other than those data elements specified in Item 1121(a)(11), (12) and (14). In the case of information furnished pursuant to subclauses sub-clauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered with respect to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. On any Distribution Date after the occurrence of a Section 7.01(d) Purchase Event with respect to the Pooling REMIC 1 Regular Interests, the information required by subclauses (i), (ii), (iv), (v), (vii), (viii), (ix), (x), (xi), (xii), (xv) (and in the case of the Class LT-R Certificates, subclause (iii)) shall be provided to the Holder of the Class LT-R Certificates and the LTURI-holder of the Pooling REMIC 1 Regular Interests. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) provided to it by the Master Servicer available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” xxx.xx.xxxxxxxxxx.xxx”. Assistance in using the website can be obtained by calling the Securities AdministratorTrustee’s customer service desk at 0-(000-) 000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating suchsuch or notifying the Trustee at Citibank, N.A., 000 Xxxxxxxxx Xxxxxx, 00xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Agency and Trust—Xxxxxx XS Trust Service 2006-9. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurerinformation, the Securities Administrator Trustee shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and to the Trustee by the Master Servicer and (ii) regarding the Swap Agreement, that has been provided to the Trustee by the Swap Counterparty, and the Securities Administrator Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, company (which request, if received by the Trustee, shall Trustee will be promptly forwarded to the Securities AdministratorMaster Servicer), the Securities Administrator Master Servicer shall provide, or cause to be provided, to the extent such information is available to the Master Servicer exercising reasonable efforts to obtain such information (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to the NIM Securities or an investment in the Certificates; provided, however, that the Securities Administrator Trustee shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared shall, upon written request, prepare and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections Section 4.03(a)(i) and 4.03(a)(ii(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator Trustee shall prepare and file with the Internal Revenue Service (“IRS”), on behalf of the Trust Fund, an application for an employer identification number on IRS Form SS-4 or by any other acceptable method. The Trustee shall also file a Form 8811 as required. The Trustee, upon receipt from the IRS of the Notice of Taxpayer Identification Number Assigned, shall upon request promptly forward a copy of such notice to the Master Servicer and the Depositor. The Trustee shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator Trustee with such information as is necessary for the Securities Administrator Trustee to prepare such reports (and comply with the Securities Administrator may rely solely upon such information)foregoing.
Appears in 1 contract
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared (based solely on information provided by the Master Servicer or the Swap Counterparty) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager Manager, the Seller and each Certificateholder a report (the “Distribution Date Statement”) setting forth the following information (on the basis of Mortgage Loan level information obtained from the ServicersMaster Servicer):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution to the Holders of the Class P CertificateP, Class X, Class LT-R and Class R Certificates and, with respect to the M2 Excess Amount, the Class X Certificates and the Residual CertificateM2 Certificates;
(A) the aggregate amount of any Advances required to be made as of the end of the month immediately preceding the month in which the Distribution Date occurs by or on behalf of the Servicers Servicer (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, made and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ixviii) the amount of the Servicing Fees, Fees and Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all each as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties, (h) that are Charged-off Loans and (i) that are Released Mortgage Loans;
(xix) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property Property, each as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xiixi) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiiixii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Deferred Amounts, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution distributions made on such Distribution Date;
(xivxiii) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of CertificatesCertificates (with a notation if such Certificate Interest Rate reflects the application of the Net Funds Cap or A-IO Net Funds Cap);
(xvxiv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvixv) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvi) the Overcollateralization Amount after giving effect to the distributions made on such Distribution Date;
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in on such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; andLIBOR Certificates for such Distribution Date;
(xxxix) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02; and
(xx) whether a Trigger Event is in effect for that Distribution Date. In addition to the information listed above, such Distribution Date Statement shall also include such other information as is required by Item 1121 (§ 229.1121) of Regulation AB, other than those data elements specified in Item 1121(a)(11), (12) and (14). In the case of information furnished pursuant to subclauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered to the holder holders of the Class M2 and Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. On any Distribution Date after the occurrence of a Section 7.01(c) Purchase Event, the information required by subclauses (i), (ii), (iii), (iv), (v), (vii), (viii), (ix), (x), (xi), (xii) and (xiv) shall be provided to the Swap Counterparty, the Credit Risk Manager, the Seller, the Holder of the Class LT-R Certificate and the LTURI-holder with regard to the Lower Tier REMIC 1 Uncertificated Regular Interests in lieu of the Certificates. The Securities Administrator Trustee shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) provided to it by the Master Servicer available each month to the TrusteeCertificateholders, any NIMS Insurer, Certificateholders and the Rating Agencies and any other parties entitled thereto via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxxxxx.xx.xxxxxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities AdministratorTrustee’s customer service desk at 0-(000-) 000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating suchsuch or notifying the Trustee at the applicable Corporate Trust Office. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) and information provided by the Swap Counterparty no later than 2:00 p.m. Eastern New York Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS InsurerCertificateholders, the Securities Administrator Trustee shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, that has been provided to the Trustee by the Master Servicer based on information received by each the Master Servicer and from the Servicer (ii) regarding the Swap Agreement, that has been provided by the Swap Counterparty, Counterparty and the Securities Administrator Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) Master Servicer shall be entitled to conclusively rely on the Mortgage Loan data provided to the Trustee by the Securities Administrator Servicer and shall have no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Dateliability for any errors in such Mortgage Loan data.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a the Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such the Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Master Servicer shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared shall, upon written request, prepare and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information).
(d) The Securities Administrator Trustee shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator Trustee with such information as is necessary for the Securities Administrator Trustee to prepare such reports (and the Securities Administrator Trustee may rely solely upon such information).
(e) So long as not prohibited by applicable law, the Master Servicer shall provide to the Depositor or to any party designated by the Depositor, as promptly as practicable upon the Depositor’s request, any and all loan-level information that the Depositor may request in any format reasonably requested by the Depositor.
Appears in 1 contract
Samples: Trust Agreement (Sasco 2006-S2)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared (based solely on information provided deliver or cause to be delivered by the Master Servicer or the Swap Counterparty) and shall make available first class mail to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder a written report setting forth the following information, which information the Master Servicer will determine (on the basis of Mortgage Loan level information obtained from the Servicers):) and deliver to the Trustee no later than one Business Day prior to such Distribution Date:
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, to the extent applicableother than any Class of Notional Certificates, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and interest, including any Accrual Amount added to the calculation thereofClass Certificate Principal Amount of any Class of Accrual Certificates;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates AX2 Certificate and the Residual Certificate;
(iv) (A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers Master Servicer or any Servicer (or the Master ServicerTrustee) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
; (v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Due Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ix) the amount of the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(x) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; and
(xx) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02. In the case of information furnished pursuant to subclauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator based solely on Mortgage Loan data provided to the Securities Administrator by the Master Servicer (in a format agreed to by the Securities Administrator and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap Counterparty, and the Securities Administrator shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall be promptly forwarded to the Securities Administrator, the Securities Administrator shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the Trustee. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information).
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
Appears in 1 contract
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared (based solely on information provided by the Master Servicer or the Swap CounterpartyServicer) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder a written report setting forth the following information (on the basis of Mortgage Loan level information obtained from the ServicersServicers and the Master Servicer):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, to the extent applicableother than any Class of Notional Certificates, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates Certificates, other than any Class of Principal Only Certificates, allocable to interest and the calculation thereofinterest;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the a Residual Certificate;
(A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers Master Servicer or any Servicer (or the Master ServicerTrustee) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Aggregate Principal Balance of all the Mortgage Loans as of and the close of business on the last day of the related Collection PeriodNon-AP Pool Balance for such Distribution Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss AmountsRealized Losses;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred realized with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date, stating separately the amount of Special Hazard Losses, Fraud Losses and Bankruptcy Losses and the aggregate amount of such Realized Losses, and the remaining Special Hazard Loss Amount, Fraud Loss Amount and Bankruptcy Loss Amount;
(ixviii) the amount of the Master Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums Servicing Fees paid during the Collection Due Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basisdelinquent one month, (c) Delinquent 60 to 89 days on a contractual basisdelinquent two months, (d) Delinquent 90 delinquent three or more days on a contractual basismonths, and (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, ;
(fx) the deemed principal balance of each REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in bankruptcy and (g) that are REO Propertieswhich such Distribution Date occurs;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property any Mortgage Loan that became a an REO Property during the preceding calendar month, the principal balance of such Mortgage Loan and the number of such Mortgage Loans as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Interest Shortfalls and Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);; and
(xviixvi) the amount of any Overcollateralization Deficiency Class P Distributable Amount after giving effect allocated to the distributions made in such Class P Certificates for that Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy Date and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; and
(xx) the amount of any Net Swap Payment Class E Distributable Amount allocated to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02Class E Certificates for that Distribution Date. In the case of information furnished pursuant to subclauses (i), (ii) and (vivii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities Administrator’s Trustee's internet website. The Securities Administrator’s Trustee's internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000xxx.xxxxxxxx.xxx. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating suchupon request. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a an electronic format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 p.m. 12:00 p.m.(noon) Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information Mortgage Loan data to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Master Servicer shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap CounterpartyServicer, and the Securities Administrator Master Servicer shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in On each Distribution Date, the first paragraph of this Section 4.03(a) Trustee shall be provided also provide or make available to the Trustee by Depositor a copy of the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior above described written report, to the Distribution Datefollowing address: Mortgage Finance Group, Xxxxxx Brothers Inc., 000 Xxxxxxx Xxxxxx, 0xx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000, Attention: Xxxxxx X. Xxxxx, or to such other address as the Depositor may designate.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall will be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Master Servicer shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the such Master Servicer’s actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, record and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(iiSection 4.03(a) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003 10)
Reports to Certificateholders. (a) On Unless otherwise specified in the applicable Series Supplement, on the next Business Day following each such Distribution Date, the Securities Administrator shall have prepared (based solely on information provided by the Master Servicer or the Swap Counterparty) and shall make available to Date the Trustee, any NIMS Insureras specified in such Series Supplement, shall forward or cause to be forwarded to the Swap CounterpartyDepositor, the Credit Risk Manager and each Certificateholder of such Series and such other Persons as may be specified in such Series Supplement, a report statement setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers):forth:
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders Certificateholders of each Class of Certificatessuch Series allocable to principal, to the extent and interest, if applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds Certificates of each such Class; and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principalaggregate unpaid interest accrued or accreted, if applicable, as of such Distribution Date;
(ii) any information reasonably requested by a Certificateholder to enable such Certificateholders to prepare their tax returns, provided that such information is reasonably attainable in the aggregate requested form, and the amount of compensation received by the distribution to be made on such Distribution Date to Trustee for the Holders of each Class of Certificates allocable to interest and the calculation thereofperiod;
(iii) the amountaggregate stated principal amount or, if applicable, notional amount of the Term Assets related to such Series, the current rating assigned by the Rating Agency thereon and the current interest rate or rates thereon at the close of business on such Distribution Date;
(iv) the aggregate Certificate Principal Balance (or Notional Amount, if applicable) of each Class of such Series at the close of business on such Distribution Date, separately identifying any reduction in such aggregate Certificate Principal Balance or aggregate Notional Amount due to the allocation of any Realized Losses or otherwise; and
(v) as to any Series (or any Class within such Series) for which Credit Support has been obtained, the amount or notional amount of coverage of each element of Credit Support (and rating, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the Residual Certificate;
(Athereof) the aggregate amount of any Advances required to be made by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans included therein as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ix) the amount of the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(x) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; and
(xx) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02. In the case of information furnished pursuant to subclauses (i), (ii) and (viiii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar Dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator based solely on Mortgage Loan data provided to the Securities Administrator by the Master Servicer (in a format agreed to by the Securities Administrator and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap Counterparty, and the Securities Administrator shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall be promptly forwarded to the Securities Administrator, the Securities Administrator shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer equivalent thereof in any other Specified Currency) per minimum denomination of Certificates or for the actual expenses incurred in providing such reports and access.
(c) other specified portion thereof. Within 90 days, or such shorter a reasonable period as may be required by statute or regulation, of time after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available furnish to any NIMS Insurer and each Person person who at any time during the each such calendar year was a Certificateholder of record, and make available to Certificate Owners a statement containing the information set forth in subclauses (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(ii) and 4.03(a)(ii(iii) on an annual basis as may be required to enable any NIMS Insurer and above, aggregated for such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be calendar year or the applicable where relevant reports or summaries are required elsewhere in this Agreementportion thereof during which such person was a Certificateholder. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses obligation of the Trust Fund furnished by the Master Servicer to the Trustee. The Trustee shall be deemed to have been satisfied this requirement if it forwards such to the extent that substantially comparable information in any other format permitted shall be provided by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee pursuant to prepare such reports (and the Trustee may rely solely upon such information).
(d) The Securities Administrator shall furnish any other information that is required by requirements of the Code and regulations thereunder as are from time to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information)time in effect.
Appears in 1 contract
Samples: Base Trust Agreement (Prudential Securities Structured Assets Inc)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared (based solely on information provided by the Master Servicer or the Swap Counterparty) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager Manager, the Seller and each Certificateholder a report (the “Distribution Date Statement”) setting forth the following information (on the basis of Mortgage Loan level information obtained from the ServicersMaster Servicer):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates Certificates, the Class LT-R Certificates, and the Residual Certificate;
(iv) (A) the aggregate amount of any Advances required to be made as of the end of the month immediately preceding the month in which the Distribution Date occurs by or on behalf of the Servicers Servicer (or the Master Servicer) with respect to such Distribution Date), (B) the aggregate amount of such Advances actually made, made and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ix) the amount of the Servicing Fees, Fees and Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(x) by Mortgage Pool and in the aggregate, the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding outstanding, (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO PropertiesProperties (the information in this item (x) to be calculated utilizing the OTS delinquency method);
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution distributions made on such Distribution Date;
(xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect Overcollateralization Amount after giving effect to the Bulk PMI Policy and any LPMI Policy during the related Collection Perioddistributions made is such Distribution Date;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; andfor such Distribution Date;
(xx) the amount of any payments made by the Cap Counterparty to the Supplemental Interest Trust made pursuant to Section 5.07(d);
(xxi) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.025.07, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.025.07, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 5.07 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.025.07; and
(xxii) the amount of any PPTL Premiums, if any, for such Distribution Date. In addition to the information listed above, such Distribution Date Statement shall also include such other information as is required by Item 1121 (§ 229.1121) of Regulation AB. In the case of information furnished pursuant to subclauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. On any Distribution Date after the occurrence of a Section 7.01(c) Purchase Event, the information required by subclauses (i), (iii), (iv), (v), (vii), (viii), (ix), (x), (xi), (xii), (xv), (xvii), (xix), (xx) and (xxi) shall be provided to the NIMS Insurer, the Swap Counterparty, the Credit Risk Manager, the Seller, the Holder of the Class LT-R Certificate and the LTURI-holder with regard to the Lower Tier REMIC 1 Uncertificated Regular Interests in lieu of the Certificates. The Securities Administrator Trustee shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) provided to it by the Master Servicer available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxxhxxx://xxxxxxxxxxxxxxxxxxxxxx.xxx.” Assistance in using the website can be obtained by calling emailing the Securities Administrator’s customer service desk Trustee at 0-000-000-0000. “cx.xxxxxxxxxxx.xxxxxxxx@xxxxxx.xxx.” Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling emailing the customer service desk and indicating such. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format attached hereto as Exhibit J or in such other format mutually agreed to by the Securities Administrator Trustee and the Master Servicer) Servicer no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution DateDate (or such other time period set forth in Section 9.23(b)), and on the information provided to the Trustee by the Swap Counterparty and the Cap Counterparty. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Trustee shall be entitled to rely conclusively on the accuracy and completeness of the information or data (i) regarding the Mortgage Loans and the related REO Property, that has been provided to the Trustee by the Master Servicer based on information received by each the Master Servicer and from the Servicer, (ii) regarding the Swap Agreement, that has been provided to the Trustee by the Swap Counterparty and (iii) regarding the Interest Rate Cap Agreement, that has been provided to the Trustee by the Cap Counterparty, and the Securities Administrator Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors or omissions in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) Master Servicer shall be entitled to conclusively rely on the Mortgage Loan data provided to the Trustee by the Securities Administrator Servicer and shall have no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Dateliability for any errors in such Mortgage Loans.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a the Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such the Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Trustee shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end Upon request of each calendar yeara Certificateholder and prior to a Section 7.01(c) Purchase Event, the Trustee shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information).
(d) The Securities Administrator Trustee shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator Trustee with such information as is necessary for the Securities Administrator Trustee to prepare such reports (and the Securities Administrator Trustee may rely solely upon such information).
(e) So long as not prohibited by applicable law, the Master Servicer shall provide to the Depositor or to any party designated by the Depositor, as promptly as practicable upon the Depositor's request, any and all loan-level information that the Depositor may request in any format reasonably requested by the Depositor.
Appears in 1 contract
Samples: Trust Agreement (First Franklin Mortgage Loan Trust 2006-Ff12)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator shall have prepared (based solely on information provided by the Master Servicer or the Swap CounterpartyServicer) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder a written report setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates other than any Class of Notional Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates Certificate and the Residual Certificate;
(A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any all Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool Pool, and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ix) the amount of the Securities Administrator Fees, the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(x) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Net Prepayment Interest Excess, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any the insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the LIBOR Certificates; and
(xx) the amount of any Net Swap Payment payments made by the Cap Provider to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to Fund under the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to Basis Risk Cap and the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02Class X Cap. In the case of information furnished pursuant to subclauses (i), (ii) and (viviii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X CertificatesCertificate) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator based solely on Mortgage Loan data provided to the Securities Administrator by the Master Servicer (in a format agreed to by the Securities Administrator and the Master Servicer) no later than 2:00 p.m. 12:00 p.m.(noon) Eastern Standard Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders Trustee and any NIMS Insurer, the Securities Administrator shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap CounterpartyServicer, and the Securities Administrator shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. p.m.(noon) Eastern Standard Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or and any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall be promptly forwarded to the Securities Administrator, the Securities Administrator shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee Securities Administrator shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(iiSection 4.03(a) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, however that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee Securities Administrator shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information).
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information). The Securities Administrator shall provide any NIMS Insurer with the required tax information applicable to any NIMS Insurer.
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Inv Loan Mort Pass Thru Cer Ser 2003-Bc7)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared (based solely on information provided deliver or cause to be delivered by the Master Servicer or the Swap Counterparty) and shall make available first class mail to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder a written report setting forth the following information, which information the Master Servicer will determine (on the basis of Mortgage Loan level information obtained from the Servicers):Servicer) and deliver to the Trustee no later than two Business Days prior to such Distribution Date:
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of CertificatesCertificates and in respect of each Component, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principalprincipal (with respect to each Mortgage Pool);
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates (other than any Class of Principal Only Certificates) and in respect of each Component allocable to interest and the calculation thereofinterest;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates Certificate and the Residual Certificate;
(iv) (A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers Master Servicer or the Servicer (or the Master ServicerTrustee) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by the Aggregate Loan Balance and the Pool Balance of each Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, and the Component Principal Amount (or Component Notional Amount) of each Component, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts and Component Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any Prepayment Premiums all prepayment penalties or premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred realized with respect to the Mortgage Loans in (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ix) the amount of the Master Servicing Fees, Credit Risk Manager’s Servicing Fees and PMI Insurance Premiums Trustee Fee paid during the Collection Period to which such distribution relates;
(x) the number and aggregate Scheduled Principal Balance of Mortgage LoansLoans in each Mortgage Pool, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent delinquent 30 to 59 days on a contractual basis, (c) Delinquent delinquent 60 to 89 days on a contractual basis, (d) Delinquent delinquent 90 or more days on a contractual basis, and (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xi) the aggregate Scheduled Principal Balance deemed principal balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property became a each REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to any Mortgage Loan in either Mortgage Pool that became an REO Property during the preceding calendar month, the principal balance of such Mortgage Loan and the number of such Mortgage Loans as of the close of business on the Distribution Date in such preceding month;
(xiii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiiixiv) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, if any, for each Class of CertificatesCertificates and each Component, after giving effect to the distribution made on such Distribution Date;
(xivxv) the Certificate Interest Rate and Component Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to Certificates and each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution DateComponent;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);; and
(xvii) any other "loan-level" information for any Mortgage Loans in each Mortgage Pool that are delinquent 90 or more days on a contractual basis and any REO Property held by the amount of any Overcollateralization Deficiency Amount after giving effect Trust that is reported by the Master Servicer to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; and
(xx) the amount of any Net Swap Payment to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02Trustee. In the case of information furnished pursuant to subclauses (i), (ii) and (viviii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator based solely on Mortgage Loan data provided to the Securities Administrator by the Master Servicer (in a format agreed to by the Securities Administrator and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Master Servicer shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap CounterpartyServicer, and the Securities Administrator Master Servicer shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator On each Distribution Date, the Trustee shall also deliver or cause to be entitled to conclusively rely on the Mortgage Loan data provided delivered by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided class mail to the Trustee by Depositor a copy of the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior above-described written report, to the Distribution Datefollowing address: Mortgage Finance Group, Xxxxxx Brothers Inc., Three World Financial Center, 000 Xxxxx Xxxxxx, New York, New York, 10285, Attention: Xxxxxxx Xxxxxxxxxx, or to such other address as the Depositor may designate.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall will be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a the Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such the Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Master Servicer shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the such Master Servicer's actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available send to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(iiSection 4.03(a) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the Trustee. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the CodeFund. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Sec Corp Mort Pass THR Cer Se 1999-Bc2)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared (based solely on information provided deliver or cause to be delivered by the Master Servicer or the Swap Counterparty) and shall make available first class mail to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder a written report setting forth the following information information, by Mortgage Pool and Certificate Group (on the basis of Mortgage Loan level information obtained from the ServicersServicer):
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, to the extent applicableother than any Class of Notional Certificates, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principalprincipal in each Mortgage Pool;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates Certificates, other than any Class of Principal Only Certificates, allocable to interest and interest, including any Accrual Amount added to the calculation thereofClass Principal Amount of any Class of Accrual Certificates;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates and the a Residual Certificate;
(iv) (A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers Master Servicer or the Servicer (or the Master ServicerTrustee) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Aggregate Principal Balance of all the Mortgage Loans as and the Non-AP Pool Balance of the close of business on the last day of the related Collection Periodeach Mortgage Pool for such Distribution Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) aboveabove (and to the addition of any Accrual Amount in the case of any Class of Accrual Certificates), separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;Realized Losses:
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred realized with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date, stating separately the amount of Special Hazard Losses, Fraud Losses and Bankruptcy Losses and the aggregate amount of such Realized Losses, and the remaining Special Hazard Loss Amount, Fraud Loss Amount and Bankruptcy Loss Amount;
(ixviii) the amount of the Master Servicing Fees, Credit Risk Manager’s Servicing Fees and PMI Insurance Premiums Trustee Fee paid during the Collection Due Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basisdelinquent one month, (c) Delinquent 60 to 89 days on a contractual basisdelinquent two months, (d) Delinquent 90 delinquent three or more days on a contractual basismonths, and (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, ;
(fx) the deemed principal balance of each REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in bankruptcy and (g) that are REO Propertieswhich such Distribution Date occurs;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Property any Mortgage Loan that became a an REO Property during the preceding calendar month, the principal balance of such Mortgage Loan and the number of such Mortgage Loans as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Interest Shortfalls and Net Prepayment Interest Shortfalls, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the Certificates; and
(xxxvi) any other "loan-level" information for any Mortgage Loans that are delinquent three or more months and any REO Property held by the amount of any Net Swap Payment Trust that is reported by the Master Servicer to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02Trustee. In the case of information furnished pursuant to subclauses (i), (ii) and (viviii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator and the Master Servicer) no later than 2:00 p.m. Eastern Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information Mortgage Loan data to the Trustee, Certificateholders and any NIMS Insurer, the Securities Administrator Master Servicer shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap CounterpartyServicer, and the Securities Administrator Master Servicer shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in On each Distribution Date, the Trustee shall also deliver or cause to be delivered by first paragraph of this Section 4.03(a) shall be provided class mail to the Trustee by Depositor a copy of the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior above-described written report, to the Distribution Datefollowing address: Mortgage Finance Group, Xxxxxx Brothers Inc., Three World Financial Center, 000 Xxxxx Xxxxxx, New York, New York, 10285, Attention: Xxxxxx X. Xxxxx, or to such other address as the Depositor may designate.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall will be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a the Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such the Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator Master Servicer shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the such Master Servicer's actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall have prepared and the Trustee shall make available send to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(iiSection 4.03(a) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the Trustee. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the CodeFund. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information).
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2000-2)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator shall have prepared (based solely on information provided by the Master Servicer or the Swap CounterpartyServicer) and shall make available to the Trustee, any NIMS Insurer, the Swap Counterparty, the Credit Risk Manager and each Certificateholder a written report setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers):).
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates other than any Class of Notional Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution to the Holders of the Class P Certificate, the Class X Certificates Certificate and the Residual Certificate;
(A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount (or Class Notional Amount) of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Applied Loss Amounts;
(vii) the amount of any all Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ix) the amount of the Securities Administrator Fees, the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(x) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xi) the aggregate Scheduled Principal Balance of any Mortgage Loans in any either Mortgage Pool with respect to which the related Mortgaged Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xii) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Net Prepayment Interest Excess, Basis Risk Shortfalls and Unpaid Basis Risk Shortfalls, if any, for each Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xiv) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates;
(xv) with respect to each Mortgage Pool, the Interest Remittance Amount and the Principal Remittance Amount applicable to such Distribution Date;
(xvi) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount of any the insurance claim payments received with respect to the Bulk PMI Policy and any LPMI Policy Policies during the related Collection Period;
(xix) the level of LIBOR and the Certificate Interest Rate of the LIBOR Certificates; and
(xx) the amount of any Net Swap Payment payments made by the Cap Provider to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Payment to Fund under the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to Basis Risk Cap and the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02Class X Cap. In the case of information furnished pursuant to subclauses (i), (ii) and (viviii) above, the amounts shall also (except in the case of the report delivered to the holder of the Class X CertificatesCertificate) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) available each month to the Trustee, any NIMS Insurer, Certificateholders and the Rating Agencies via the Securities Administrator’s internet website. The Securities Administrator’s internet website shall initially be located at “xxx.xxxxxxx.xxx.” ”. Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating such. The Securities Administrator shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator based solely on Mortgage Loan data provided to the Securities Administrator by the Master Servicer (in a format agreed to by the Securities Administrator and the Master Servicer) no later than 2:00 p.m. 12:00 p.m.(noon) Eastern Standard Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders Trustee and any NIMS Insurer, the Securities Administrator shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding the Swap Agreement, that has been provided by the Swap CounterpartyServicer, and the Securities Administrator shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. p.m.(noon) Eastern Standard Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or and any Certificateholder that is a savings and loan, bank or insurance company, which request, if received by the Trustee, shall be promptly forwarded to the Securities Administrator, the Securities Administrator shall provide, or cause to be provided, (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to an investment in the Certificates; provided, however, that the Securities Administrator shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee Securities Administrator shall have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections 4.03(a)(i) and 4.03(a)(iiSection 4.03(a) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, however that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee Securities Administrator shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee Securities Administrator with such information as is necessary for the Trustee Securities Administrator to prepare such reports (and the Trustee may rely solely upon such information)Securities Administrator shall provide any NIMS Insurer with the required tax information applicable to any NIMS Insurer.
(d) The Securities Administrator shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator with such information as is necessary for the Securities Administrator to prepare such reports (and the Securities Administrator may rely solely upon such information)reports.
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Investment Loan Trust 2003-Bc2)
Reports to Certificateholders. (a) On each Distribution Date, the Securities Administrator Trustee shall have prepared prepare (based solely on information provided by the Master Servicer or the Swap Cap Counterparty) and shall make available to the Trustee, any NIMS Insurer, Certificateholders and the Swap Counterparty, the Credit Risk Manager and each Certificateholder Certificate Insurer a written report setting forth the following information (on the basis of Mortgage Loan level information obtained from the Servicers):).
(i) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates, to the extent applicable, allocable to principal on the Mortgage Loans, including Liquidation Proceeds and Insurance Proceeds, stating separately the amount attributable to scheduled principal payments and unscheduled payments in the nature of principal;
(ii) the aggregate amount of the distribution to be made on such Distribution Date to the Holders of each Class of Certificates (other then Class CX, Class X, Class P and Class R Certificates) allocable to interest and the calculation thereof;
(iii) the amount, if any, of any distribution distributions to the Holders of the Class P CertificateP, Class CX, Class X and Class R Certificates on such Distribution Date, stated separately, and the aggregate amounts, if any, of distributions to the Holders of the Class P, Class CX, Class X and Class R Certificates and the Residual Certificateon all Distribution Dates, stated separately;
(A) the aggregate amount of any Advances required to be made by or on behalf of the Servicers (or the Master Servicer) with respect to such Distribution Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) by Mortgage Pool and in the aggregate, the total number of Mortgage Loans, the aggregate Scheduled Principal Balance of all the Mortgage Loans as of the close of business on the last day of the related Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) the Class Principal Amount of each Class of Certificates, to the extent applicable, as of such Distribution Date after giving effect to payments allocated to principal reported under clause (i) above, separately identifying any reduction of any of the foregoing Certificate Principal Amounts due to Pool 1 Applied Loss Amounts and/or Pool 2 Applied Loss Amounts, as applicable;
(vii) the amount of any Prepayment Premiums distributed to the Class P Certificates;
(viii) by Mortgage Pool and in the aggregate, the amount of any Realized Losses incurred with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(ixviii) the amount of the Servicing Fees, Credit Risk Manager’s Fees and PMI Insurance Premiums paid during the Collection Period to which such distribution relates;
(xix) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Securities Administrator Trustee by the Master Servicer, (a) remaining outstanding (b) Delinquent 30 to 59 days on a contractual basis, (c) Delinquent 60 to 89 days on a contractual basis, (d) Delinquent 90 or more days on a contractual basis, (e) as to which foreclosure proceedings have been commenced, all commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs, (f) in bankruptcy and (g) that are REO Properties;
(xix) the aggregate Scheduled Principal Balance of any Mortgage Loans in any Mortgage Pool with respect to which the related Mortgaged Mortgage Property became a REO Property as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Distribution Date occurs;
(xiixi) with respect to substitution of Mortgage Loans in the preceding calendar month, the Scheduled Principal Balance of each Deleted Mortgage Loan, and of each Qualifying Substitute Mortgage Loan;
(xiiixii) the aggregate outstanding Carryforward Interest, Net Prepayment Interest Shortfalls, Basis Risk Deferred Amounts, Net Funds Cap Shortfalls and Unpaid Basis Risk Net Funds Cap Shortfalls, if any, for each applicable Class of Certificates, after giving effect to the distribution made on such Distribution Date;
(xivxiii) the Certificate Interest Rate applicable to such Distribution Date with respect to each Class of Certificates (with a notation if such Certificate Interest Rate reflects the application of the applicable Net Funds Cap or the specified maximum fixed Certificate Interest Rate, in the case of the Class 2-A1A and Class 2-A1B Certificates and the Offered Subordinate Certificates);
(xvxiv) with respect to each Mortgage Pool, the Interest Remittance Amount, the Principal Remittance Amount, the Principal Distribution Amount and the Principal Remittance Aggregate Overcollateralization Release Amount attributable to such Mortgage Pool (based on the Pool Percentage) applicable to such Distribution Date;
(xvixv) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Certificateholders would have received if there were sufficient available amounts in the Certificate Account and the amounts actually distributed);
(xvi) the amount of any Overcollateralization Amount after giving effect to the distributions made on such Distribution Date;
(xvii) the amount of any Overcollateralization Deficiency Amount after giving effect to the distributions made in such Distribution Date;
(xviii) the aggregate amount level of any insurance claim payments received with respect to LIBOR and the Bulk PMI Policy and any LPMI Policy during the related Collection Period;Interest Rates of each Class of LIBOR Certificates; and
(xix) the level amount of LIBOR the monthly Certificate Insurance Premium (and the Aggregate Certificate Interest Rate of Insurance Premium, if different) due to the Certificates; and
(xx) Certificate Insurer on the related Distribution Date and the amount of any Net Swap Payment Insured Amounts paid in respect of the Guaranteed Distributions to the Supplemental Interest Trust made pursuant to Section 5.02, any Net Swap Guaranteed Certificates paid out of the Policy Payment to Account under the Swap Counterparty made pursuant to Section 5.02, any Swap Termination Payment to the Supplemental Interest Trust made pursuant to Sections 5.02 and any Swap Termination Payment to the Swap Counterparty made pursuant to Section 5.02Certificate Insurance Policy. In the case of information furnished pursuant to subclauses sub-clauses (i), (ii) and (vi) above, the amounts shall also (except in the case of the report delivered with respect to the holder of the Class X Certificates) be expressed as a dollar amount per $1,000 of original principal amount of Certificates. The Securities Administrator shall Trustee will make such report and any additional loan level information (and, at its option, any additional files containing the same information in an alternative format) provided to it by the Master Servicer available each month to Certificateholders, the Trustee, any NIMS Insurer, Certificateholders Certificate Insurer and the Rating Agencies via the Securities AdministratorTrustee’s internet website. The Securities AdministratorTrustee’s internet website shall initially be located at “xxx.xxxxxxx.xxxxxx.xxxxxxxx.xxx.” Assistance in using the website can be obtained by calling the Securities Administrator’s customer service desk at 0-000-000-0000. Such parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the customer service desk and indicating suchupon request. The Securities Administrator Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Securities Administrator Trustee shall provide timely and adequate notification to all above parties regarding any such changes. The foregoing information and reports shall be prepared and determined by the Securities Administrator Trustee based solely on Mortgage Loan data provided to the Securities Administrator Trustee by the Master Servicer (in a format agreed to by the Securities Administrator Trustee and the Master Servicer) no later than 2:00 12:00 p.m. (noon) Eastern Standard Time four Business Days prior to the Distribution Date. In preparing or furnishing the foregoing information to the Trustee, Certificateholders and any NIMS Insurerinformation, the Securities Administrator Trustee shall be entitled to rely conclusively on the accuracy of the information or data (i) regarding the Mortgage Loans and the related REO Property, Property that has been provided to the Master Servicer by each Servicer and (ii) regarding to the Swap Agreement, that has been provided Trustee by the Swap CounterpartyMaster Servicer, and the Securities Administrator Trustee shall not be obligated to verify, recompute, reconcile or recalculate any such information or data. The Securities Administrator Trustee shall be entitled to conclusively rely on the Mortgage Loan data provided by the Master Servicer and shall have no liability for any errors in such Mortgage Loan data. The information and reports described in the first paragraph of this Section 4.03(a) shall be provided to the Trustee by the Securities Administrator no later than 12:00 p.m. Eastern Time one Business Day prior to the Distribution Date.
(b) Upon the reasonable advance written request of any NIMS Insurer or any Certificateholder that is a savings and loan, bank or insurance company, or the Certificate Insurer, which request, if received by the Trustee, shall Trustee will be promptly forwarded to the Securities AdministratorMaster Servicer, the Securities Administrator Master Servicer shall provide, or cause to be provided, to the extent such information is available to the Master Servicer exercising reasonable efforts to obtain such information (or, to the extent that such information or documentation is not required to be provided by a Servicer under the applicable Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from such Servicer, and provide) to any NIMS Insurer and such Certificateholder such reports and access to information and documentation regarding the Mortgage Loans as any NIMS Insurer or such Certificateholder may reasonably deem necessary to comply with applicable regulations of the Office of Thrift Supervision or its successor or other regulatory authorities with respect to the NIM Securities or an investment in the Certificates; provided, however, that the Securities Administrator Trustee shall be entitled to be reimbursed by such Certificateholder or the NIMS Insurer for the actual expenses incurred in providing such reports and access.
(c) Within 90 days, or such shorter period as may be required by statute or regulation, after the end of each calendar year, the Trustee shall shall, if requested, have prepared and the Trustee shall make available to any NIMS Insurer and each Person who at any time during the calendar year was a Certificateholder of record, and make available to Certificate Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report summarizing the items provided to any NIMS Insurer and the Certificateholders pursuant to Sections Section 4.03(a)(i) and 4.03(a)(ii(ii) on an annual basis as may be required to enable any NIMS Insurer and such Holders to prepare their federal income tax returns; provided, however, however that this Section 4.03(c) shall not be applicable where relevant reports or summaries are required elsewhere in this Agreement. Such information shall also include the amount of original issue discount accrued on each Class of Certificates and information regarding the expenses of the Trust Fund furnished by the Master Servicer to the TrusteeFund. The Trustee shall be deemed to have satisfied this requirement if it forwards such information in any other format permitted by the Code. The Master Servicer shall provide the Trustee with such information as is necessary for the Trustee to prepare such reports (and the Trustee may rely solely upon such information)reports.
(d) The Securities Administrator Trustee shall prepare and file with the Internal Revenue Service (“IRS”), on behalf of the Trust Fund, an application for an employer identification number on IRS Form SS-4 or by any other acceptable method. The Trustee shall also file a Form 8811 as required. The Trustee, upon receipt from the IRS of the Notice of Taxpayer Identification Number Assigned, shall upon request promptly forward a copy of such notice to the Master Servicer and the Depositor. The Trustee shall furnish any other information that is required by the Code and regulations thereunder to be made available to Certificateholders. The Master Servicer shall provide the Securities Administrator Trustee with such information as is necessary for the Securities Administrator Trustee to prepare such reports (and comply with the Securities Administrator may rely solely upon such information)foregoing.
Appears in 1 contract
Samples: Trust Agreement (Structured Asset Securities Corp. Mortgage Loan Trust 2005-7xs)