Reports to Securityholders. (a) On each Payment Date, concurrently with the distribution to the Securityholders, the Indenture Trustee shall furnish to the Securityholders, the Depositor, the Issuer, and each Rating Agency, a report, based solely on information provided to the Indenture Trustee by the Master Servicer, the Underlying Payment Date Statements for the related Underlying Payment Date, and in the Master Servicer’s Monthly Report, containing the following information: (i) the amount of the distribution on such Payment Date with respect to each Class of Securities; (ii) the amount of such distributions allocable to principal, separately identifying the aggregate amount of any prepayments or other unscheduled recoveries of principal included therein; (iii) the amount of such distributions allocable to interest; (iv) the Class Principal Balance (or Class Notional Balance) for each Class of Securities as of such Payment Date together with the principal amount or notional amount of the Securities of the related Class (based on a Security in the original principal amount or notional amount of $[ ]) then outstanding, in each case after giving effect to any payment of principal on such Payment Date; (v) the level of LIBOR and the Interest Rates applicable to each Class of LIBOR Notes for such Payment Date;] (vi) [if applicable, a statement that interest distributable on one or more Classes of LIBOR Notes on such Payment Date represents interest accrued on such Classes at a rate equal to the Available Funds Cap;] (vii) the Pool Balance as of such Payment Date; (viii) the Overcollateralization Amount for such Payment Date; (ix) the amount of any Delinquency Advances for such Payment Date, and the amount of any Outstanding Advances in respect of Delinquency Advances remaining after such Payment Date; the amount of any Purchase Prices deposited into the Collection Account; (x) the amount of current and cumulative Realized Losses on the Mortgage Loans; (xi) the number of Mortgagor bankruptcies; (xii) the number of Mortgage Loans and the aggregate Principal Balance thereof that were repurchased by the Seller or Depositor pursuant Section 2.03 hereof during the one-month period immediately preceding the related Determination Date; (xiii) the amount of any Applied Loss Amount applied to any Class of LIBOR Notes on such Payment Date; (xiv) the amount of any Basis Risk Shortfall with respect to any Class of Notes; (xv) the amount of any shortfalls in distributions of interest with respect to each Class of Securities on such Payment Date and the cumulative amount of any unreimbursed shortfalls in distributions of interest from prior Payment Dates; (xvi) the amount of Servicing Fees, the Master Servicing Fee, the Indenture Trustee Fee, the Owner Trustee Fee and the Custodian Fee paid with respect to such Payment Date; (xvii) the amount of any Swap Payment Amount paid under the Swap Agreements; and (xviii) the amount of any payments received under the Rate Protection Agreements. 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. Items (i) through (iii) above shall, with respect to the Securities be presented on the basis of a Security having an original $[ ] denomination and on an aggregate basis. The Indenture Trustee may, at its option, make the information set forth above available each month to Securityholders and the parties to this Agreement via the Indenture Trustee’s internet website. Access to this service shall be limited to Persons with valid passwords, and such access shall be permitted only to Persons that have submitted to the Indenture Trustee a letter substantially in the form attached hereto as Exhibit I. The Indenture Trustee shall provide such information by mail to any Securityholder that requests paper copies. Each calendar year following any year during which the Securities are outstanding, the Indenture Trustee shall furnish a report to each Securityholder of record at any time during such calendar year as to the aggregate of amounts reported pursuant to items (i), (ii) and (iii) above with respect to the related Securities for such calendar year. (b) In addition, on each Payment Date the Indenture Trustee will distribute to each Securityholder (which shall be the Depository Trust Company as long as the Securities are in book-entry form), the following information (based upon information provided to the Indenture Trustee by the Master Servicer) as of the close of business on the last business day of the prior calendar month: (i) the total number of Mortgage Loans and the aggregate principal balances thereof, together with the number and aggregate principal balances of Performing Mortgage Loans (a) 30-59 days delinquent, (b) 60-89 days delinquent and (c) 90 or more days delinquent; (ii) the number and aggregate principal balance of Mortgage Loans in foreclosure proceedings (and whether any such Mortgage Loans are also included in any of the statistics described in the foregoing clause (i)); and (iii) the number and aggregate principal balance of all Mortgage Loans relating to REO Properties (and whether any such Mortgage Loans are also included in any of the statistics described in the foregoing clauses (i) and (ii)). (c) Annually, in January of each year, the Indenture Trustee shall furnish to each Person that was a Securityholder during the prior calendar year a statement showing the aggregate interest and the aggregate principal received by such Person with respect to the Securities during the prior calendar year, together with any standard federal income tax reporting form for such information, and information furnished by the Indenture Trustee upon request pursuant to Section 6049(d)(7)(C) of the Code and the regulations promulgated thereunder to assist the Securityholders in computing their market discount. (d) On each Payment Date, the Indenture Trustee shall deliver or cause to be delivered by first class mail or make available on its website to the Depositor, Attention: Contract Finance, a copy of the report delivered to Securityholders pursuant to this Section 6.08.
Appears in 3 contracts
Samples: Transfer and Servicing Agreement (Bayview Financial Securities Co LLC), Transfer and Servicing Agreement (Bayview Financial Securities Co LLC), Transfer and Servicing Agreement (BLG Securities Company, LLC)
Reports to Securityholders. (a) On each Payment Distribution Date, concurrently with the distribution to the Securityholders, the Indenture Trustee shall furnish to the Securityholders, the Depositor, the Issuer, and each Rating Agency, a report, based solely on information provided to the Indenture Trustee by the Master Servicer, the Underlying Payment Distribution Date Statements for the related Underlying Payment Distribution Date, and in the Master Servicer’s Monthly Report, containing the following information:
(i) the amount of the distribution on such Payment Distribution Date with respect to each Class of Securities;
(ii) the amount of such distributions allocable to principal, separately identifying the aggregate amount of any prepayments or other unscheduled recoveries of principal included therein;
(iii) the amount of such distributions allocable to interest;
(iv) the Class Principal Balance (or Class Notional Balance) for each Class of Securities as of such Payment Distribution Date together with the principal amount or notional amount of the Securities of the related Class (based on a Security in the original principal amount or notional amount of $[ ]) then outstanding, in each case after giving effect to any payment of principal on such Payment Distribution Date;
(v) the level of LIBOR and the Interest Rates applicable to each Class of LIBOR Notes for such Payment Distribution Date;]
(vi) [if applicable, a statement that interest distributable on one or more Classes of LIBOR Notes on such Payment Distribution Date represents interest accrued on such Classes at a rate equal to the Available Funds Cap;]
(vii) the Pool Balance as of such Payment Distribution Date;
(viii) the Overcollateralization Amount for such Payment Distribution Date;
(ix) the amount of any Delinquency Advances for such Payment Distribution Date, and the amount of any Outstanding Advances in respect of Delinquency Advances remaining after such Payment Distribution Date; the amount of any Purchase Prices deposited into the Collection Account;
(x) the amount of current and cumulative Realized Losses on the Mortgage Loans;
(xi) the number of Mortgagor bankruptcies;
(xii) the number of Mortgage Loans and the aggregate Principal Balance thereof that were repurchased by the Seller or Depositor pursuant Section 2.03 hereof during the one-month period immediately preceding the related Determination Date;
(xiii) the amount of any Applied Loss Amount applied to any Class of LIBOR Notes on such Payment Distribution Date;
(xiv) the amount of any Basis Risk Shortfall with respect to any Class of Notes;
(xv) the amount of any shortfalls in distributions of interest with respect to each Class of Securities on such Payment Distribution Date and the cumulative amount of any unreimbursed shortfalls in distributions of interest from prior Payment Distribution Dates;
(xvi) the amount of Servicing Fees, the Master Servicing Fee, the Indenture Trustee Fee, the Owner Trustee Fee and the Custodian Fee paid with respect to such Payment Distribution Date;
(xvii) the amount of any Swap Payment Amount paid under the Swap Agreements; and
(xviii) the amount of any payments received under the Rate Protection Agreements. 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. Items (i) through (iii) above shall, with respect to the Securities be presented on the basis of a Security having an original $[ ] denomination and on an aggregate basis. The Indenture Trustee may, at its option, make the information set forth above available each month to Securityholders and the parties to this Agreement via the Indenture Trustee’s internet website. Access to this service shall be limited to Persons with valid passwords, and such access shall be permitted only to Persons that have submitted to the Indenture Trustee a letter substantially in the form attached hereto as Exhibit I. The Indenture Trustee shall provide such information by mail to any Securityholder that requests paper copies. Each calendar year following any year during which the Securities are outstanding, the Indenture Trustee shall furnish a report to each Securityholder of record at any time during such calendar year as to the aggregate of amounts reported pursuant to items (i), (ii) and (iii) above with respect to the related Securities for such calendar year.
(b) In addition, on each Payment Distribution Date the Indenture Trustee will distribute to each Securityholder (which shall be the Depository Trust Company as long as the Securities are in book-entry form), the following information (based upon information provided to the Indenture Trustee by the Master Servicer) as of the close of business on the last business day of the prior calendar month:
(i) the total number of Mortgage Loans and the aggregate principal balances thereof, together with the number and aggregate principal balances of Performing Mortgage Loans (a) 30-59 days delinquent, (b) 60-89 days delinquent and (c) 90 or more days delinquent;
(ii) the number and aggregate principal balance of Mortgage Loans in foreclosure proceedings (and whether any such Mortgage Loans are also included in any of the statistics described in the foregoing clause (i)); and
(iii) the number and aggregate principal balance of all Mortgage Loans relating to REO Properties (and whether any such Mortgage Loans are also included in any of the statistics described in the foregoing clauses (i) and (ii)).
(c) Annually, in January of each year, the Indenture Trustee shall furnish to each Person that was a Securityholder during the prior calendar year a statement showing the aggregate interest and the aggregate principal received by such Person with respect to the Securities during the prior calendar year, together with any standard federal income tax reporting form for such information, and information furnished by the Indenture Trustee upon request pursuant to Section 6049(d)(7)(C) of the Code and the regulations promulgated thereunder to assist the Securityholders in computing their market discount.
(d) On each Payment Date, the Indenture Trustee shall deliver or cause to be delivered by first class mail or make available on its website to the Depositor, Attention: Contract Finance, a copy of the report delivered to Securityholders pursuant to this Section 6.08.
Appears in 2 contracts
Samples: Transfer and Servicing Agreement (HMB Acceptance Corp.), Transfer and Servicing Agreement (Aegis Asset Backed Securities Corp)
Reports to Securityholders. (a) On each Payment Distribution Date, concurrently with the distribution to the Securityholders, the Indenture Trustee shall furnish deliver or cause to the Securityholders, the Depositor, the Issuer, and be delivered by facsimile or electronic mail to each Rating Agency, Securityholder a report, based solely on information provided to the Indenture Trustee by the Master Servicer, the Underlying Payment Date Statements for the related Underlying Payment Date, and in the Master Servicer’s Monthly Report, containing written report setting forth the following information, which information the Trustee will determine on the basis of, with respect to the Mortgage Loans, data which the Servicer will provide to the Trustee or its designee prior to the Servicer Remittance Date:
(i) the aggregate amount of the distribution to be made on such Payment Distribution Date with respect to the Holders of each Class of Securities, 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 amount of such distributions allocable to principal, separately identifying the aggregate amount of any prepayments or other unscheduled recoveries the distribution to be made on such Distribution Date to the Holders of principal included therein;
(iii) the amount each Class of such distributions Securities allocable to interest;
(A) the aggregate amount of any Delinquency Advances required to be made by or on behalf of the Servicer with respect to such Distribution Date, (B) the aggregate amount of such Delinquency Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(iv) the aggregate Principal Balance of the Mortgage Loans as of the close of business on the last day of the related Due Period, after giving effect to payments allocated to principal reported under clause (i) above; 126031 Bayview 2005-1 Trust Agreement
(v) the Class Principal Balance (or Class Notional Balance) for of each Class of Securities Securities, to the extent applicable, as of such Payment Distribution Date together with the principal amount or notional amount of the Securities of the related Class (based on a Security in the original principal amount or notional amount of $[ ]) then outstanding, in each case after giving effect to any payment of payments allocated to principal on such Payment Datereported under clause (i) above;
(v) the level of LIBOR and the Interest Rates applicable to each Class of LIBOR Notes for such Payment Date;]
(vi) [if applicable, a statement that interest distributable on one or more Classes of LIBOR Notes on such Payment Date represents interest accrued on such Classes at a rate equal to the Available Funds Cap;]
(vii) the Pool Balance as of such Payment Date;
(viii) the Overcollateralization Amount for such Payment Date;
(ix) the amount of any Delinquency Advances for such Payment Date, and the amount of any Outstanding Advances in respect of Delinquency Advances remaining after such Payment Date; the amount of any Purchase Prices deposited into the Collection Account;
(x) the amount of current and cumulative Realized Losses on the Mortgage Loans;
(xi) the number of Mortgagor bankruptcies;
(xii) the number of Mortgage Loans and the aggregate Principal Balance thereof that were repurchased by the Seller or Depositor pursuant Section 2.03 hereof during the one-month period immediately preceding the related Determination Date;
(xiii) the amount of any Applied Loss Amount applied to any the Class of LIBOR Notes B Certificates on such Payment Distribution Date;
(vii) any Realized Losses realized with respect to the Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date;
(viii) the amount of the Servicing Fee paid during the Due Period to which such distribution relates;
(ix) the number and aggregate Principal Balance of Mortgage Loans, as reported to the Trustee by the Servicer, (a) remaining outstanding (b) delinquent one month, (c) delinquent two months, (d) delinquent three or more months, and (e) as to which foreclosure proceedings have been 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 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;
(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 the repurchase of Mortgage Loans in the preceding calendar month, the Principal Balance of each Deleted Mortgage Loan;
(xiii) the aggregate outstanding Carryforward Interest, if any, for the Class A Notes, after giving effect to the distribution made on such Distribution Date;
(xiv) the amount of any aggregate outstanding Basis Risk Shortfall with respect Shortfalls, if any, for the Class A Notes, after giving effect to any Class of Notesdistributions made on such Distribution Date;
(xv) if applicable, the amount of any shortfalls shortfall (i.e., the difference between the aggregate amounts of principal and interest which Securityholders would have received if there were sufficient available amounts in distributions of interest with respect to each Class of Securities on such Payment Date the Security Account and the cumulative amount of any unreimbursed shortfalls in distributions of interest from prior Payment Datesamounts 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 amount of Servicing Fees, Trust that is reported by the Master Servicing Fee, Servicer to the Indenture Trustee Fee, the Owner Trustee Fee Trustee; and the Custodian Fee paid with respect to such Payment Date;126031 Bayview 2005-1 Trust Agreement
(xvii) the amount of any Swap Payment Amount paid under the Swap Agreements; and
(xviii) the amount of any payments received under the Rate Protection Agreements. 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. Items (i) through (iii) above shall, with respect to each liquidated REO Property, the Securities be presented on loan number, the basis of a Security having an original $[ ] denomination and on an aggregate basis. The Indenture Trustee may, at its option, make the information set forth above available each month to Securityholders Net Liquidation Proceeds and the parties to this Agreement via outstanding principal balance of the Indenture Trustee’s internet websiterelated Mortgage Loan. Access to this service shall be limited to Persons with valid passwords, and such access shall be permitted only to Persons that have submitted to In the Indenture Trustee a letter substantially in the form attached hereto as Exhibit I. The Indenture Trustee shall provide such case of information by mail to any Securityholder that requests paper copies. Each calendar year following any year during which the Securities are outstanding, the Indenture Trustee shall furnish a report to each Securityholder of record at any time during such calendar year as to the aggregate of amounts reported furnished pursuant to items subclauses (i), (ii) and (iiiviii) above with respect to above, the related Securities for such calendar year.
(b) In addition, on each Payment Date the Indenture Trustee will distribute to each Securityholder (which amounts shall be the Depository Trust Company expressed as long as the Securities are in book-entry form), the following information (based upon information provided to the Indenture Trustee by the Master Servicer) as a dollar amount per $1,000 of original principal amount of the close of business Securities. In preparing or furnishing the foregoing information the Trustee shall be entitled to rely conclusively on the last business day accuracy of the prior calendar month:
(i) information or data regarding the total number of Mortgage Loans and the aggregate principal balances thereofrelated REO Property that has been provided to it by the Servicer, together with and the number and aggregate principal balances of Performing Mortgage Loans (a) 30-59 days delinquentTrustee shall not be obligated to verify, (b) 60-89 days delinquent and (c) 90 recompute, reconcile or more days delinquent;
(ii) the number and aggregate principal balance of Mortgage Loans in foreclosure proceedings (and whether recalculate any such Mortgage Loans are also included in any of the statistics described in the foregoing clause (i)); and
(iii) the number and aggregate principal balance of all Mortgage Loans relating to REO Properties (and whether any such Mortgage Loans are also included in any of the statistics described in the foregoing clauses (i) and (ii)).
(c) Annually, in January of each year, the Indenture Trustee shall furnish to each Person that was a Securityholder during the prior calendar year a statement showing the aggregate interest and the aggregate principal received by such Person with respect to the Securities during the prior calendar year, together with any standard federal income tax reporting form for such information, and information furnished by the Indenture Trustee upon request pursuant to Section 6049(d)(7)(C) of the Code and the regulations promulgated thereunder to assist the Securityholders in computing their market discount.
(d) or data. On each Payment Distribution Date, the Indenture Trustee shall also deliver or cause to be delivered by first class mail or make available on its website to the DepositorBayview Financial, Attention: Contract Finance, L.P. a copy of the above-described written report, to the following address: 0000 Xxxxx xx Xxxx Boulevard, 4th Floor, Coral Gables, Florida 33146, Attention: Xxxxxx X. Xxxx, or to such other address as such party may designate.
(b) Upon the reasonable advance written request of any Securityholder that is a savings and loan, bank or insurance company, the Trustee shall, to the extent that such information has been provided to the Trustee by the Servicer, provide, or cause to be provided (or, to the extent that such information or documentation is not required to be provided by the Servicer under the Servicing Agreement, shall use reasonable efforts to obtain such information and documentation from the Servicer, and provide), to such Securityholder such reports and access to information and documentation regarding the Mortgage Loans as such Securityholder 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 investment in the Securities; provided, however, that the Trustee shall be entitled to be reimbursed by such Securityholder for 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 send to each Person who at any time during the calendar year was a Securityholder of record a report delivered summarizing the items provided to Securityholders pursuant to this Section 6.084.01(a) on an annual basis as may be required to enable such Holders to prepare their federal income tax returns. Such information shall include the amount of original issue discount accrued on each Class of Securities and information regarding the expenses of the Trust Fund.
Appears in 1 contract
Reports to Securityholders. (a) On each Payment Date, concurrently with the distribution to the Securityholders, the Indenture Trustee shall furnish to the Securityholders, the Depositor, the Issuer, and each Rating Agency, a report, based solely on information provided to the Indenture Trustee by the Master Servicer, the Underlying Payment Date Statements for the related Underlying Payment Date, and in the Master Servicer’s Monthly Report, containing the following information:
(i) the amount of the distribution on such Payment Date with respect to each Class of Securities;
(ii) the amount of such distributions allocable to principal, separately identifying the aggregate amount of any prepayments or other unscheduled recoveries of principal included therein;
(iii) the amount of such distributions allocable to interest;
(iv) the Class Principal Balance (or Class Notional Balance) for each Class of Securities as of such Payment Date together with the principal amount or notional amount of the Securities of the related Class (based on a Security in the original principal amount or notional amount of $[ ]) then outstanding, in each case after giving effect to any payment of principal on such Payment Date;
(v) the level of LIBOR and the Interest Rates applicable to each Class of LIBOR Notes for such Payment Date;]
(vi) [if applicable, a statement that interest distributable on one or more Classes of LIBOR Notes on such Payment Date represents interest accrued on such Classes at a rate equal to the Available Funds Cap;]
(vii) the Pool Balance as of such Payment Date;
(viii) the Overcollateralization Amount for such Payment Date;
(ix) the amount of any Delinquency Advances for such Payment Date, and the amount of any Outstanding Advances in respect of Delinquency Advances remaining after such Payment Date; the amount of any Purchase Prices deposited into the Collection Account;
(x) the amount of current and cumulative Realized Losses on the Mortgage Loans;
(xi) the number of Mortgagor bankruptcies;
(xii) the number of Mortgage Loans and the aggregate Principal Balance thereof that were repurchased by the Seller or Depositor pursuant Section 2.03 hereof during the one-month period immediately preceding the related Determination Date;
(xiii) the amount of any Applied Loss Amount applied to any Class of LIBOR Notes on such Payment Date;
(xiv) the amount of any Basis Risk Shortfall with respect to any Class of Notes;
(xv) the amount of any shortfalls in distributions of interest with respect to each Class of Securities on such Payment Date and the cumulative amount of any unreimbursed shortfalls in distributions of interest from prior Payment Dates;
(xvi) the amount of Servicing Fees, the Master Servicing Fee, the Indenture Trustee Fee, the Owner Trustee Fee and the Custodian Fee paid with respect to such Payment Date;
(xvii) the amount of any Swap Payment Amount paid under the Swap Agreements; and
(xviii) the amount of any payments received under the Rate Protection Agreements. 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. Items (i) through (iii) above shall, with respect to the Securities be presented on the basis of a Security having an original $[ ] denomination and on an aggregate basis. The Indenture Trustee may, at its option, make the information set forth above available each month to Securityholders and the parties to this Agreement via the Indenture Trustee’s internet website. Access to this service shall be limited to Persons with valid passwords, and such access shall be permitted only to Persons that have submitted to the Indenture Trustee a letter substantially in the form attached hereto as Exhibit I. The Indenture Trustee shall provide such information by mail to any Securityholder that requests paper copies. Each calendar year following any year during which the Securities are outstanding, the Indenture Trustee shall furnish a report to each Securityholder of record at any time during such calendar year as to the aggregate of amounts reported pursuant to items (i), (ii) and (iii) above with respect to the related Securities for such calendar year.
(b) In addition, on each Payment Date the Indenture Trustee will distribute to each Securityholder (which shall be the Depository Trust Company as long as the Securities are in book-entry form), the following information (based upon information provided to the Indenture Trustee by the Master Servicer) as of the close of business on the last business day of the prior calendar month:
(i) the total number of Mortgage Loans and the aggregate principal balances thereof, together with the number and aggregate principal balances of Performing Mortgage Loans (a) 30-59 days delinquent, (b) 60-89 days delinquent and (c) 90 or more days delinquent;
(ii) the number and aggregate principal balance of Mortgage Loans in foreclosure proceedings (and whether any such Mortgage Loans are also included in any of the statistics described in the foregoing clause (i)); and
(iii) the number and aggregate principal balance of all Mortgage Loans relating to REO Properties (and whether any such Mortgage Loans are also included in any of the statistics described in the foregoing clauses (i) and (ii)).
(c) Annually, in January of each year, the Indenture Trustee shall furnish to each Person that was a Securityholder during the prior calendar year a statement showing the aggregate interest and the aggregate principal received by such Person with respect to the Securities during the prior calendar year, together with any standard federal income tax reporting form for such information, and information furnished by the Indenture Trustee upon request pursuant to Section 6049(d)(7)(C) of the Code and the regulations promulgated thereunder to assist the Securityholders in computing their market discount.
(d) On each Payment Date, the Indenture Trustee shall deliver or cause to be delivered by first class mail or make available to each Securityholder and the Class [ ] Note Insurer a written report setting forth the following information, by Mortgage Pool and Note Group (on its website the basis of Mortgage Loan level information obtained from the Servicer):
(i) the aggregate amount of the payment to be made on such Payment Date to the DepositorHolders of each Class of Notes, Attention: Contract Financeother than any Class of Notional Notes, 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 in each Mortgage Pool;
(ii) the aggregate amount of the payment to be made on such Payment Date to the Holders of each Class of Notes, other than any Class of Principal Only Notes, allocable to interest on the Mortgage Loans, including any Accrual Amount added to the Class Principal Amount of any Class of Accrual Notes;
(iii) the amount, if any, of any distribution to the Holders of a Residual Interest Certificate;
(iv) (A) the aggregate amount of any Advances required to be made by or on behalf of the Servicer (or the Indenture Trustee) with respect to such Payment Date, (B) the aggregate amount of such Advances actually made, and (C) the amount, if any, by which (A) above exceeds (B) above;
(v) the Aggregate Principal Balance of the Mortgage Loans and the Non-AP Pool Balance of each Mortgage Pool for such Payment 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 Notes, to the extent applicable and the Notional Component Amount of each Component, as of such Payment Date after giving effect to payments allocated to principal reported under clause (i) above (and to the addition of any Accrual Amount in the case of any Class of Accrual Notes).
(vii) any Realized Losses realized with respect to each of Mortgage Loans (x) in the applicable Prepayment Period and (y) in the aggregate since the Cut-off Date, stating the aggregate amount of such Realized Losses;
(viii) the amount of the Servicing Fees and Indenture Trustee Fee paid during the Due Period to which such payment relates;
(ix) the number and aggregate Scheduled Principal Balance of Mortgage Loans, as reported to the Indenture Trustee by the Servicer, (a) remaining outstanding, (b) delinquent one month, (c) delinquent two months, (d) delinquent three or more months, and (e) as to which foreclosure proceedings have been commenced as of the close of business on the last Business Day of the calendar month immediately preceding the month in which such Payment Date occurs;
(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 Payment 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 Payment 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 Interest Shortfalls and Net Prepayment Interest Shortfalls, if any, for each Class of Notes, after giving effect to the payment made on such Payment Date;
(xiv) the Note Interest Rate applicable to such Payment Date with respect to each Class of Notes;
(xv) if applicable, the amount of any shortfall (i.e., the difference between the aggregate amounts of principal and interest which Securityholders would have received if there were sufficient available amounts in the Note Account and 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 Servicer to the Indenture Trustee;
(xvii) any Insured Payments made in respect of Class [ ] Guaranteed Payments paid under the Class [ ] Note Insurance Policy; and
(xviii) any amounts withdrawn from the Class [ ] Reserve Fund pursuant to Section 4.06 for that Payment Date. In the case of information furnished pursuant to subclauses (i), (ii) and (viii) above, the amounts shall be expressed as a dollar amount per $1,000 of original principal amount of Notes. The foregoing information and reports shall be prepared and determined by the Indenture Trustee based solely on Mortgage Loan data provided to the Indenture Trustee by the Servicer no later than [four] Business Days prior to the Payment Date. On each Payment Date, the Indenture Trustee shall also deliver or cause to be delivered by first class mail to the Depositor a copy of the above-described written report, to the following address: [ ], Attention: [ ], or to such other address as the Depositor may designate.
(b) Upon the reasonable advance written request of any Noteholder that is a savings and loan, bank or insurance company, the Indenture Trustee will be promptly forward such request to the Servicer (to the extent required under the Servicing Agreement) and shall use reasonable efforts to obtain such information and documentation from the Servicer, and provide to such Noteholder such reports and access to information and documentation regarding the Mortgage Loans as such Noteholder 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 investment in the Notes; PROVIDED, HOWEVER, that the Servicer shall be entitled to be reimbursed by the Indenture Trustee for the 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 Indenture Trustee shall send to each Person who at any time during the calendar year was a Securityholder of record, and make available to Security Owners (identified as such by the Clearing Agency) in accordance with applicable regulations, a report delivered summarizing the items provided to Securityholders Noteholders pursuant to this Section 6.084.03(a) on an annual basis as may be required to enable such Holders to prepare their federal income tax returns. Such information shall include the amount of original issue discount accrued on each Class of Notes and information regarding the expenses of the Trust Estate. As provided by the Servicing Agreement, the Servicer shall provide the Indenture Trustee with such information as is necessary for the Indenture Trustee to prepare such reports.
Appears in 1 contract
Samples: Sale and Collection Agreement (Aegis Asset Backed Securities Corp)
