Common use of Reserve Fund and Yield Maintenance Agreement Clause in Contracts

Reserve Fund and Yield Maintenance Agreement. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Class AV-1 Certificates, the Reserve Fund to cover certain payments on the Class AV-1 Certificates. The Reserve Fund shall be an Eligible Account, and funds on deposit therein shall be held separate and apart from, and shall not be commingled with, any other moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement. The Reserve Fund shall be treated as an "outside reserve fund" under applicable Treasury regulations and will not be part of any REMIC. Any investment earnings on the Reserve Fund will be treated as owned by the Holders of the Class X Certificates and will be taxable to the Holders of the Class X Certificates. Distributions made to any outside reserve fund under this document shall be treated as made to the Class X Certificateholders. (b) In addition, on the Closing Date, the Yield Maintenance Agreement will be entered into by the Counterparty and the Trustee, for the benefit of the Holders of the Class AV-1 Certificates. Pursuant to the Yield Maintenance Agreement, on each Distribution Date, the Trustee will deposit into the Reserve Fund any amounts received pursuant to the Yield Maintenance Agreement. The Trustee shall collect payments due under and otherwise enforce the terms of the Yield Maintenance Agreement. The Trustee shall make withdrawals from the Reserve Fund to make distributions pursuant to Sections 4.02(g) and (h). Notwithstanding anything to the contrary contained herein, in no event shall the Trustee in its fiduciary capacity be liable to the Holders of the Class AV-1 Certificates, be required to make any deposit from its own funds into the Reserve Fund or be required to take any action against the Counterparty in connection with any delay in payment of amounts due under the Yield Maintenance Agreement caused by (i) any wire transfer problem or any operational or administrative error or omission or (ii) any government action each as further described in clause (i) of Part I of the Schedule to the Yield Maintenance Agreement during the grace period specified therein. (c) The Trustee shall invest the funds in the Reserve Fund as directed in writing by the Holders of the Class X Certificates in Permitted Investments, which shall mature not later than, the second Business Day preceding each Distribution Date (except that if such Permitted Investment is an obligation of the institution that maintains such account, then such Permitted Investment shall mature not later than the Business Day next preceding such Distribution Date) and shall not be sold or disposed of prior to their maturity. All such Permitted Investments shall be made in the name of the Trustee, for the benefit of the Holders of the Class AV-1 Certificates. All income and gain net of any losses realized from any such investment of funds on deposit in the Reserve Fund shall be deposited in the Reserve Fund. The Trustee in its fiduciary capacity shall not be liable for the amount of any loss incurred in respect of any investment or lack of investment of funds held in the Reserve Fund and made in accordance with this Section 3A.02. (d) Upon termination of the Trust Fund, any amounts remaining in the Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(h)(ii) hereof. (e) In the event that the Yield Maintenance Agreement is terminated prior to the Yield Maintenance Stated Termination and the Counterparty has not obtained a replacement counterparty to assume its obligations thereunder pursuant to the terms of the Yield Maintenance Agreement, the Trustee shall obtain a replacement yield maintenance agreement acceptable to the Servicer and shall apply any amounts received from the Counterparty under the Yield Maintenance Agreement in connection with its termination, to the extent necessary, to obtain such replacement. In no event whatsoever shall the Trustee be responsible for costs and expenses incurred in connection with obtaining a replacement yield maintenance agreement or for any fees, costs or expenses payable thereunder. (f) If, upon termination of the Trust Fund pursuant to the provisions of Article IX hereof, the "Notional Outstanding," as set forth in Attachment 1 to the Rate Cap Transaction Confirmation relating to the Yield Maintenance Agreement, is greater than zero, the Trustee shall, as of the date of such termination, assign to Equity One, Inc. all of its right, title and interest in and to the Yield Maintenance Agreement and any payments thereunder.

Reserve Fund and Yield Maintenance Agreement. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Class AV-1 Hedged Certificates, the Reserve Fund to cover certain payments on to the Class AV-1 Hedged Certificates. The Reserve Fund shall be an Eligible Account, and funds on deposit therein in such fund shall be held separate and apart from, and shall not be commingled with, any other moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement. The Reserve Fund shall be treated as an "outside reserve fund" under applicable Treasury regulations and will not be part of any REMIC. Any investment earnings on funds on deposit in the Reserve Fund will be treated as owned by the Holders of the Class X Certificates Trustee and will be taxable to the Holders of the Class X CertificatesTrustee. Distributions made to any outside reserve fund the Reserve Fund under this document shall be treated as made to the Class X CertificateholdersTrustee. (b) In addition, on the Closing Date, the Yield Maintenance Agreement will be entered into by the Counterparty and the Trustee, for the benefit of the Holders of the Class AV-1 Hedged Certificates. Pursuant to the Yield Maintenance Agreement, on On each Distribution Date, the Trustee will deposit into the Reserve Fund any amounts received pursuant to the Yield Maintenance Agreement. Pursuant to the terms of the Yield Maintenance Agreement, amounts received thereunder will be allocable to the applicable Class of Hedged Certificates, and the Trustee shall maintain records tracking such allocation. The Trustee shall collect payments due under and otherwise enforce the terms of the Yield Maintenance Agreement. The Trustee shall make withdrawals from the Reserve Fund to make distributions pursuant to Sections 4.02(g) and (hSection 4.02(f). Notwithstanding anything to the contrary contained herein, in no event shall the Trustee in its fiduciary capacity be liable to the Holders of the Class AV-1 Hedged Certificates, be required to make any deposit from its own funds into the Reserve Fund Fund, or be required to take any action against the Counterparty in connection with any delay in payment of amounts due under the Yield Maintenance Agreement caused by (i) any wire transfer problem or any operational or administrative error or omission or (ii) any government action each as further described in clause (ij) of Part I of the Schedule to the Yield Maintenance Agreement during the grace period specified therein. (c) The Trustee shall may, but need not, invest the funds in the Reserve Fund as directed in writing by the Holders of the Class X Certificates in Permitted Investments, which shall mature not later than, the second Business Day preceding each Distribution Date (except that if such Permitted Investment is an obligation of the institution that maintains such accountaccount or a fund for which such institution or affiliate thereof serves as an investment advisor, administrator, shareholder servicing agent and/or custodian or subcustodian, then such Permitted Investment shall mature not later than the Business Day next preceding such Distribution Date) and shall not be sold or disposed of prior to their maturity. All such Permitted Investments investments made with funds from the Reserve Fund shall be made in the name of the Trustee, for the benefit of the Holders of the Class AV-1 Hedged Certificates. All income and gain earned on funds on deposit in the Reserve Fund, net of any losses realized from any Permitted Investments made with such investment of funds on deposit in the Reserve Fund funds, shall be deposited in the Reserve Fund. The Trustee in its fiduciary capacity shall not be liable for the amount of any loss incurred in respect of any investment or lack of investment of funds held in the Reserve Fund and made in accordance with this Section 3A.02. (d) Upon termination of the Trust Fund, any amounts remaining in the Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(h)(ii) hereofTrustee. (e) In the event that the Yield Maintenance Agreement is terminated prior to the Yield Maintenance Stated Termination and the Counterparty has not obtained a replacement counterparty to assume its obligations thereunder pursuant to the terms of the Yield Maintenance Agreement, the Trustee shall obtain a replacement yield maintenance agreement acceptable to the Servicer and shall apply any amounts received from the Counterparty under the Yield Maintenance Agreement in connection with its termination, to the extent necessary, to obtain such replacement. In no event whatsoever shall the Trustee be responsible for costs and expenses incurred in connection with obtaining a replacement yield maintenance agreement or for any fees, costs or expenses payable thereunder. (f) If, upon termination of the Trust Fund pursuant to the provisions of Article IX hereof, the "Notional Outstanding," as set forth in Attachment 1 to the Rate Cap Transaction Confirmation relating to the Yield Maintenance Agreement, is greater than zero, the Trustee shall, as of the date of such termination, assign to Equity One, Inc. all of its right, title and interest in and to the Yield Maintenance Agreement and any payments thereunder.

Reserve Fund and Yield Maintenance Agreement. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Class AV-1 Hedged Certificates, the Reserve Fund to cover certain payments on to the Class AV-1 Hedged Certificates. The Reserve Fund shall be an Eligible Account, and funds on deposit therein in such fund shall be held separate and apart from, and shall not be commingled with, any other moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement. The Reserve Fund shall be treated as an "outside reserve fund" under applicable Treasury regulations and will not be part of any REMIC. Any investment earnings on funds on deposit in the Reserve Fund will be treated as owned by the Holders of the Class X Certificates Trustee and will be taxable to the Holders of the Class X CertificatesTrustee. Distributions made to any outside reserve fund the Reserve Fund under this document shall be treated as made to the Class X CertificateholdersTrustee. (b) In addition, on the Closing Date, the Yield Maintenance Agreement will be entered into by the Counterparty and the Trustee, for the benefit of the Holders of the Class AV-1 Hedged Certificates. Pursuant to the Yield Maintenance Agreement, on On each Distribution Date, the Trustee will deposit into the Reserve Fund any amounts received pursuant to the Yield Maintenance Agreement. Pursuant to the terms of the Yield Maintenance Agreement, amounts received thereunder will be allocable to either the Class AF-1 Certificates or the Subordinate Certificates, as applicable, and the Trustee shall maintain records tracking such allocation. The Trustee shall collect payments due under and otherwise enforce the terms of the Yield Maintenance Agreement. The Trustee shall make withdrawals from the Reserve Fund to make distributions pursuant to Sections 4.02(g) and (hSection 4.02(f). Notwithstanding anything to the contrary contained herein, in no event shall the Trustee in its fiduciary capacity be liable to the Holders of the Class AV-1 Hedged Certificates, be required to make any deposit from its own funds into the Reserve Fund Fund, or be required to take any action against the Counterparty in connection with any delay in payment of amounts due under the Yield Maintenance Agreement caused by (i) any wire transfer problem or any operational or administrative error or omission or (ii) any government action each as further described in clause (ij) of Part I of the Schedule to the Yield Maintenance Agreement during the grace period specified therein. (c) The Trustee shall may, but need not, invest the funds in the Reserve Fund as directed in writing by the Holders of the Class X Certificates in Permitted Investments, which shall mature not later than, the second Business Day preceding each Distribution Date (except that if such Permitted Investment is an obligation of the institution that maintains such accountaccount or a fund for which such institution or affiliate thereof serves as an investment advisor, administrator, shareholder servicing agent and/or custodian or subcustodian, then such Permitted Investment shall mature not later than the Business Day next preceding such Distribution Date) and shall not be sold or disposed of prior to their maturity. All such Permitted Investments investments made with funds from the Reserve Fund shall be made in the name of the Trustee, for the benefit of the Holders of the Class AV-1 Hedged Certificates. All income and gain net of any losses realized from any such investment of funds on deposit in the Reserve Fund shall be deposited in the Reserve Fund. The Trustee in its fiduciary capacity shall not be liable for the amount of any loss incurred in respect of any investment or lack of investment of funds held in the Reserve Fund and made in accordance with this Section 3A.02. (d) Upon termination of the Trust Fund, any amounts remaining in the Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(h)(ii) hereofTrustee. (e) In the event that the Yield Maintenance Agreement is terminated prior to the Yield Maintenance Stated Termination and the Counterparty has not obtained a replacement counterparty to assume its obligations thereunder pursuant to the terms of the Yield Maintenance Agreement, the Trustee shall obtain a replacement yield maintenance agreement acceptable to the Servicer and shall apply any amounts received from the Counterparty under the Yield Maintenance Agreement in connection with its termination, to the extent necessary, to obtain such replacement. In no event whatsoever shall the Trustee be responsible for costs and expenses incurred in connection with obtaining a replacement yield maintenance agreement or for any fees, costs or expenses payable thereunder. (f) If, upon termination of the Trust Fund pursuant to the provisions of Article IX hereof, the "Notional Outstanding," as set forth in Attachment 1 to the Rate Cap Transaction Confirmation relating to the Yield Maintenance Agreement, is greater than zero, the Trustee shall, as of the date of such termination, assign to Equity One, Inc. all of its right, title and interest in and to the Yield Maintenance Agreement and any payments thereunder.

Reserve Fund and Yield Maintenance Agreement. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Class AV-1 Hedged Certificates, the Reserve Fund to cover certain payments on to the Class AV-1 Hedged Certificates. The Reserve Fund shall be an Eligible Account, and funds on deposit therein in such fund shall be held separate and apart from, and shall not be commingled with, any other moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement. The Reserve Fund shall be treated as an "outside reserve fund" under applicable Treasury regulations and will not be part of any REMIC. Any investment earnings on funds on deposit in the Reserve Fund will be treated as owned by the Holders of the Class X Certificates and will be taxable to the Holders of the Class X Certificates. Distributions made to any outside reserve fund the Reserve Fund under this document shall be treated as made to the Holders of the Class X CertificateholdersCertificates. (b) In addition, on the Closing Date, the Yield Maintenance Agreement will be entered into by the Counterparty and the Trustee, for the benefit of the Holders of the Class AV-1 Hedged Certificates. Pursuant to the Yield Maintenance Agreement, on On each Distribution Date, the Trustee will deposit into the Reserve Fund any amounts received pursuant to the Yield Maintenance Agreement. Pursuant to the terms of the Yield Maintenance Agreement, amounts received thereunder will be allocable to the applicable Class of Hedged Certificates and the Trustee shall maintain records tracking such allocation. The Trustee shall collect payments due under and otherwise enforce the terms of the Yield Maintenance Agreement. The Trustee shall make withdrawals from the Reserve Fund to make distributions pursuant to Sections 4.02(g) and (hSection 4.02(f). Notwithstanding anything to the contrary contained herein, in no event shall the Trustee in its fiduciary capacity be liable to the Holders of the Class AV-1 Hedged Certificates, be required to make any deposit from its own funds into the Reserve Fund Fund, or be required to take any action against the Counterparty in connection with any delay in payment of amounts due under the Yield Maintenance Agreement caused by (i) any wire transfer problem or any operational or administrative error or omission or (ii) any government action each as further described in clause (ij) of Part I of the Schedule to the Yield Maintenance Agreement during the grace period specified therein. (c) The Trustee shall Holders of the Class X Certificates may direct the Trustee, in writing, to invest the funds in the Reserve Fund as directed in writing by the Holders of the Class X Certificates in Permitted Investments, which shall mature not later than, the second Business Day preceding each Distribution Date (except that if such Permitted Investment is an obligation of the institution that maintains such accountaccount or a fund for which such institution or affiliate thereof serves as an investment advisor, administrator, shareholder servicing agent and/or custodian or subcustodian, then such Permitted Investment shall mature not later than the Business Day next preceding such Distribution Date) and shall not be sold or disposed of prior to their maturity. All such Permitted Investments investments made with funds from the Reserve Fund shall be made in the name of the Trustee, for the benefit of the Holders of the Class AV-1 Hedged Certificates. All income and gain earned on funds on deposit in the Reserve Fund, net of any losses realized from any Permitted Investments made with such investment of funds on deposit in the Reserve Fund funds, shall be deposited in the Reserve Fund. The Trustee in its fiduciary capacity shall not be liable for the amount of any loss incurred in respect of any investment or lack of investment of funds held in the Reserve Fund and made in accordance with this Section 3A.02. (d) Upon termination of the Trust Fund, any amounts remaining in the Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(h)(ii) hereofCertificates. (e) In the event that the Yield Maintenance Agreement is terminated prior to the Yield Maintenance Stated Termination and the Counterparty has not obtained a replacement counterparty to assume its obligations thereunder pursuant to the terms of the Yield Maintenance Agreement, the Trustee shall obtain a replacement yield maintenance agreement acceptable to the Servicer and shall apply any amounts received from the Counterparty under the Yield Maintenance Agreement in connection with its termination, to the extent necessary, to obtain such replacement. In no event whatsoever shall the Trustee be responsible for costs and expenses incurred in connection with obtaining a replacement yield maintenance agreement or for any fees, costs or expenses payable thereunder. (f) If, upon termination of the Trust Fund pursuant to the provisions of Article IX hereof, the "Notional OutstandingAmount," as set forth in Attachment 1 Appendix A to any of the Rate Cap Transaction Confirmation Confirmations relating to the Yield Maintenance Agreement, is greater than zero, the Trustee shall, as of the date of such termination, assign to Equity One, Inc. all of its right, title and interest in and to the Yield Maintenance Agreement and any payments thereunderthereunder (subject to applicable regulations and account opening procedures). (g) For any Distribution Date on which there is a payment under the Yield Maintenance Agreement based on a notional balance in excess of the aggregate Class Certificate Balance of a Class of Hedged Certificates, the amount representing such excess payment, to the extent not otherwise distributed pursuant to Section 4.02(f)(i), shall not be an asset of the Trust Fund and, instead, shall be paid into and distributed out of a separate trust created by this Agreement for the benefit of the Holders of the Class X Certificates and shall be distributed to the Holders of the Class X Certificates pursuant to Section 4.02(f)(ii).

Reserve Fund and Yield Maintenance Agreement. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Class AV-1 Hedged Certificates, the Reserve Fund to cover certain payments on to the Class AV-1 Hedged Certificates. The Reserve Fund shall be an Eligible Account, and funds on deposit therein in such fund shall be held separate and apart from, and shall not be commingled with, any other moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement. The Reserve Fund shall be treated as an "outside reserve fund" under applicable Treasury regulations and will not be part of any REMIC. Any investment earnings on funds on deposit in the Reserve Fund will be treated as owned by the Holders of the Class X Certificates and will be taxable to the Holders of the Class X Certificates. Distributions made to any outside reserve fund the Reserve Fund under this document shall be treated as made to the Holders of the Class X CertificateholdersCertificates. (b) In addition, on the Closing Date, the Yield Maintenance Agreement will be entered into by the Counterparty and the Trustee, for the benefit of the Holders of the Class AV-1 Hedged Certificates. Pursuant to the Yield Maintenance Agreement, on On each Distribution Date, the Trustee will deposit into the Reserve Fund any amounts received pursuant to the Yield Maintenance Agreement. Pursuant to the terms of the Yield Maintenance Agreement, amounts received thereunder will be allocable to the applicable Class of Hedged Certificates, and the Trustee shall maintain records tracking such allocation. The Trustee shall collect payments due under and otherwise enforce the terms of the Yield Maintenance Agreement. The Trustee shall make withdrawals from the Reserve Fund to make distributions pursuant to Sections 4.02(g) and (hSection 4.02(f). Notwithstanding anything to the contrary contained herein, in no event shall the Trustee in its fiduciary capacity be liable to the Holders of the Class AV-1 Hedged Certificates, be required to make any deposit from its own funds into the Reserve Fund Fund, or be required to take any action against the Counterparty in connection with any delay in payment of amounts due under the Yield Maintenance Agreement caused by (i) any wire transfer problem or any operational or administrative error or omission or (ii) any government action each as further described in clause (ij) of Part I of the Schedule to the Yield Maintenance Agreement during the grace period specified therein. (c) The Trustee shall Holders of the Class X Certificates may direct the Trustee, in writing, to invest the funds in the Reserve Fund as directed in writing by the Holders of the Class X Certificates in Permitted Investments, which shall mature not later than, the second Business Day preceding each Distribution Date (except that if such Permitted Investment is an obligation of the institution that maintains such accountaccount or a fund for which such institution or affiliate thereof serves as an investment advisor, administrator, shareholder servicing agent and/or custodian or subcustodian, then such Permitted Investment shall mature not later than the Business Day next preceding such Distribution Date) and shall not be sold or disposed of prior to their maturity. All such Permitted Investments investments made with funds from the Reserve Fund shall be made in the name of the Trustee, for the benefit of the Holders of the Class AV-1 Hedged Certificates. All income and gain earned on funds on deposit in the Reserve Fund, net of any losses realized from any Permitted Investments made with such investment of funds on deposit in the Reserve Fund funds, shall be deposited in the Reserve Fund. The Trustee in its fiduciary capacity shall not be liable for the amount of any loss incurred in respect of any investment or lack of investment of funds held in the Reserve Fund and made in accordance with this Section 3A.02. (d) Upon termination of the Trust Fund, any amounts remaining in the Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(h)(ii) hereofCertificates. (e) In the event that the Yield Maintenance Agreement is terminated prior to the Yield Maintenance Stated Termination and the Counterparty has not obtained a replacement counterparty to assume its obligations thereunder pursuant to the terms of the Yield Maintenance Agreement, the Trustee shall obtain a replacement yield maintenance agreement acceptable to the Servicer and shall apply any amounts received from the Counterparty under the Yield Maintenance Agreement in connection with its termination, to the extent necessary, to obtain such replacement. In no event whatsoever shall the Trustee be responsible for costs and expenses incurred in connection with obtaining a replacement yield maintenance agreement or for any fees, costs or expenses payable thereunder. (f) If, upon termination of the Trust Fund pursuant to the provisions of Article IX hereof, the "Notional OutstandingAmount," as set forth in Attachment 1 Appendix A to any of the Rate Cap Transaction Confirmation Confirmations relating to the Yield Maintenance Agreement, is greater than zero, the Trustee shall, as of the date of such termination, assign to Equity One, Inc. all of its right, title and interest in and to the Yield Maintenance Agreement and any payments thereunderthereunder (subject to applicable regulations and account opening procedures). (g) For any Distribution Date on which there is a payment under the Yield Maintenance Agreement based on a notional balance in excess of the aggregate Class Certificate Balance of a Class of Hedged Certificates, the amount representing such excess payment, to the extent not otherwise distributed pursuant to Section 4.02(f)(i), shall not be an asset of the Trust Fund and, instead, shall be paid into and distributed out of a separate trust created by this Agreement for the benefit of the Holders of the Class X Certificates and shall be distributed to the Holders of the Class X Certificates pursuant to Section 4.02(f)(ii).

Reserve Fund and Yield Maintenance Agreement. (a) On the Closing Date, the Trustee shall establish and maintain in its name, in trust for the benefit of the Holders of the Class AV-1 Hedged Certificates, the Reserve Fund to cover certain payments on to the Class AV-1 Hedged Certificates. The Reserve Fund shall be an Eligible Account, and funds on deposit therein in such fund shall be held separate and apart from, and shall not be commingled with, any other moneys, including without limitation, other moneys held by the Trustee pursuant to this Agreement. The Reserve Fund shall be treated as an "outside reserve fund" under applicable Treasury regulations and will not be part of any REMIC. Any investment earnings on funds on deposit in the Reserve Fund will be treated as owned by the Holders of the Class X Certificates and will be taxable to the Holders of the Class X Certificates. Distributions made to any outside reserve fund the Reserve Fund under this document shall be treated as made to the Holders of the Class X Certificateholders.Certificates. 77 (b) In addition, on the Closing Date, the Yield Maintenance Agreement will be entered into by the Counterparty and the Trustee, for the benefit of the Holders of the Class AV-1 Hedged Certificates. Pursuant to the Yield Maintenance Agreement, on On each Distribution Date, the Trustee will deposit into the Reserve Fund any amounts received pursuant to the Yield Maintenance Agreement. Pursuant to the terms of the Yield Maintenance Agreement, amounts received thereunder will be allocable to the applicable Class of Hedged Certificates and the Trustee shall maintain records tracking such allocation. The Trustee shall collect payments due under and otherwise enforce the terms of the Yield Maintenance Agreement. The Trustee shall make withdrawals from the Reserve Fund to make distributions pursuant to Sections 4.02(g) and (hSection 4.02(i). Notwithstanding anything to the contrary contained herein, in no event shall the Trustee in its fiduciary capacity be liable to the Holders of the Class AV-1 Hedged Certificates, be required to make any deposit from its own funds into the Reserve Fund Fund, or be required to take any action against the Counterparty in connection with any delay in payment of amounts due under the Yield Maintenance Agreement caused by (i) any wire transfer problem or any operational or administrative error or omission or (ii) any government action each as further described in clause (ij) of Part I of the Schedule to the Yield Maintenance Agreement during the grace period specified therein. (c) The Trustee shall Holders of the Class X Certificates may direct the Trustee, in writing, to invest the funds in the Reserve Fund as directed in writing by the Holders of the Class X Certificates in Permitted Investments, which shall mature not later than, the second Business Day preceding each Distribution Date (except that if such Permitted Investment is an obligation of the institution that maintains such accountaccount or a fund for which such institution or affiliate thereof serves as an investment advisor, administrator, shareholder servicing agent and/or custodian or subcustodian, then such Permitted Investment shall mature not later than the Business Day next preceding such Distribution Date) and shall not be sold or disposed of prior to their maturity. All such Permitted Investments investments made with funds from the Reserve Fund shall be made in the name of the Trustee, for the benefit of the Holders of the Class AV-1 Hedged Certificates. All income and gain earned on funds on deposit in the Reserve Fund, net of any losses realized from any Permitted Investments made with such investment of funds on deposit in the Reserve Fund funds, shall be deposited in the Reserve Fund. The Trustee in its fiduciary capacity shall not be liable for the amount of any loss incurred in respect of any investment or lack of investment of funds held in the Reserve Fund and made in accordance with this Section 3A.02. (d) Upon termination of the Trust Fund, any amounts remaining in the Reserve Fund shall be distributed to the Holders of the Class X Certificates in the same manner as if distributed pursuant to Section 4.02(h)(ii) hereofCertificates. (e) In the event that the Yield Maintenance Agreement is terminated prior to the Yield Maintenance Stated Termination and the Counterparty has not obtained a replacement counterparty to assume its obligations thereunder pursuant to the terms of the Yield Maintenance Agreement, the Trustee shall obtain a replacement yield maintenance agreement acceptable to the Servicer and shall apply any amounts received from the Counterparty under the Yield Maintenance Agreement in connection with its termination, to the extent necessary, to obtain such replacement. In no event whatsoever shall the Trustee be responsible for costs and expenses incurred in connection with obtaining a replacement yield maintenance agreement or for any fees, costs or expenses payable thereunder. (f) If, upon termination of the Trust Fund pursuant to the provisions of Article IX hereof, the "Notional OutstandingAmount," as set forth in Attachment 1 Appendix A to any of the Rate Cap Transaction Confirmation Confirmations relating to the Yield Maintenance Agreement, is greater than zero, the Trustee shall, as of the date of such termination, assign to Equity One, Inc. all of its right, title and interest in and to the Yield Maintenance Agreement and any payments thereunderthereunder (subject to applicable regulations and account opening procedures). (g) For any Distribution Date on which there is a payment under the Yield Maintenance Agreement based on a notional balance in excess of the aggregate Class Certificate Balance of a Class of Hedged Certificates, the amount representing such excess payment, to the extent not otherwise distributed pursuant to Section 4.02(i)(i), shall not be an asset of the Trust Fund and, instead, shall be paid into and distributed out of a separate trust created by this Agreement for the benefit of the Holders of the Class X Certificates and shall be distributed to the Holders of the Class X Certificates pursuant to Section 4.02(i)(ii).